VZCZCXYZ0001
OO RUEHWEB

DE RUEHGB #3887/01 3331428
ZNR UUUUU ZZH
O 291428Z NOV 07
FM AMEMBASSY BAGHDAD
TO RHEHWSR/WHITE HOUSE SITUATION ROOM WASHINGTON DC IMMEDIATE
INFO RUEHC/SECSTATE WASHDC IMMEDIATE 4571

UNCLAS BAGHDAD 003887 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL IZ
SUBJECT: TRANSMITTAL OF LETTER FROM PM NOURI AL-MALIKI TO 
POTUS 
 
¶1.  (U)  Post received a letter addressed to POTUS from Iraqi 
Prime Minister Nouri al-Maliki (PM) addressed on November 28, 
¶2007.  Scanned copies of the original document and the 
translation to English have been emailed to the NSC and 
NEA/I.  The following is Post's translation of the Arabic 
text into English: 
 
¶2.  (U)  Begin text: 
 
Republic of Iraq 
Nouri K. al-Maliki 
Prime Minister 
 
His Excellency George W. Bush 
President of the United States of America 
 
Washington 
 
 
Your Excellency, 
 
Article 134 of the Constitution of the Republic of Iraq 
stipulates that, "The Iraq High Criminal Court shall continue 
its duties, as an independent judicial body, to try the 
crimes of the defunct dictatorial regime and its symbols..." 
This Constitutional provision means that the Court is 
independent of all authorities including the judicial 
authority and that no entity can influence, or exercise 
pressure on it.  Article (72/Second) of the law of the Court 
also stipulates that, "...no entity of whatsoever, including 
the President of the Republic (the Presidency Council) can 
pardon or reduce the sentence issued by this Court."  It 
should be mentioned here that, the law of the Court is still 
valid based on the provisions of Articles (130 and 134) of 
the Constitution. 
 
The Iraqi High Criminal Court has ruled that the convicts Ali 
Hassan al-Majid (also known as Chemical Ali), Sultan Hashim 
and Hussein Rashid Al-Tikriti be executed.  The sentences 
were approved by the Court of Cassation and became final. 
Whereas, Article (27/second) of the law of the court 
stipulates that the punishment must be carried out within 30 
days from the date the sentence becomes final, the Government 
has requested that the MNF-I hand over the convicted 
individuals to the competent governmental authorities to 
carry out the sentence in accordance with the law. 
Surprisingly, the MNF-I refused to hand over the convicts 
despite the fact that they are legally in the custody of the 
Iraqi Government and the MNF-I is responsible only for their 
physical custody.  The refusal to hand over the convicted 
individuals to the Iraqi Government delayed carrying out the 
sentences beyond the period stipulated by the law of the 
Court and caused failure of the Iraqi Government to carry out 
its legal and constitutional obligations. 
 
The refusal of the MNF-I to hand over the convicts to the 
governmental authorities to carry out the final sentences is 
a violation of Iraqi law and is an intervention by the MNF-I 
in the affairs of the Iraqi Government and the Iraqi 
judiciary. The reasons provided by the MNF-I in justification 
of their refusal to hand over the convicts are unacceptable. 
The request by some members of the Presidency Council not to 
hand over the convicts before the approval of the sentences 
by the Council is a request that lacks legal basis, because 
the approval in this case becomes a mere formal procedure and 
has no objective impact on the verdicts in light of the 
provisions of Article (27/second) of the above mentioned law 
of the Court, in addition to Article (73) of the 
Constitution, which stipulates that special pardon cannot be 
granted for individuals convicted of international crimes, 
which are genocide, crimes against humanity and war crimes, 
noting that these individuals were convicted on charges of 
international crimes. 
 
Based on the above, it is clear that the Council's approval 
is no longer needed and that any attempt to grant pardon, or 
to reduce the sentences, issued against the above mentioned 
convicts requires a constitutional amendment.  The Supreme 
Federal Court clearly stated that the provisions of the Iraqi 
High Criminal Court must be observed.  In other words, the 
sentence must be carried out within 30 days from the date the 
sentence becomes final and not to permit any entity, 
including the President of the Republic to pardon or reduce 
punishments issued by the Court, which contradicts the 
earlier announcements by some members of the Presidency 
Council of their intention to pardon or to reduce the 
sentences against the convicts mentioned above or some of 
them. 
 
Your Excellency, 
 
The convicts mentioned above have committed heinous crimes 
against the Iraqi people who were delighted because of the 
Court's just decisions to sentence them to capital 
punishment.  Regrettably, the decision by the MNF-I to refuse 
handing over the convicts had a painful impact on the people. 
 Also, this behavior has inflicted the greatest damage on the 
credibility of the Government, rule of the law and judicial 
judgments in Iraq.  Consequently, we hope that your 
Excellency would intervene by ordering the MNF-I to respect 
Iraq's sovereignty and not to interfere in the affairs of the 
Iraqi Government and to hand over the convicts to the 
Government which we represent as soon as possible based on 
the provisions of Article (78) of the Constitution. 
 
I avail myself of the opportunity to express my utmost 
respect and best wishes for your success and prosperity for 
our two peoples. 
 
Signed, 
 
Nouri Al-Maliki 
Prime Minister 
November 27, 2007 
 
END TEXT 
BUTENIS