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Viewing cable 07BAGHDAD4223, PRT KIRKUK: ORDER TO HASTEN RETURN OF PROPERTY

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Reference ID Created Released Classification Origin
07BAGHDAD4223 2007-12-31 14:26 2011-08-24 16:30 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Baghdad
VZCZCXYZ0007
RR RUEHWEB

DE RUEHGB #4223 3651426
ZNR UUUUU ZZH (CCY AD451DE2 MSI9414-695)
R 311426Z DEC 07
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC 5055
INFO RUCNRAQ/IRAQ COLLECTIVE
RUEKJCS/SECDEF WASHINGTON DC
RUEKJCS/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUEAHQA/HQ USAF WASHINGTON DC
UNCLAS BAGHDAD 004223 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
C O R R E C T E D COPY CAPTION 
E.O. 12958: N/A 
TAGS: PGOV PBTS PREL KDEM PHUM MARR IZ
SUBJECT: PRT KIRKUK: ORDER TO HASTEN RETURN OF PROPERTY 
THAT SADDAM CONFISCATED 
 
This is a Kirkuk Provincial Reconstruction Team (PRT) message. 
 
1.  (SBU) Summary: The Article 140 committee in October 
approved Order #6 to return land in parts of Kirkuk to its 
mostly Turcoman original owners.  The decision potentially 
relieves the backlogged Commission for the Resolution of Real 
Property Disputes (CRRPD) of nearly a third of its caseload, 
although it has since languished in the Prime Minister,s 
office awaiting final approval.  The delay in returning lands 
Saddam expropriated has become increasingly inflammatory in 
Kirkuk and the Order is a step in the right direction. 
 
Order To Help Restore Seized Property 
------------------------------------- 
 
2.  (U) The Article 140 Committee during a meeting in early 
October 2007 approved what is known as Order #6.  This order 
rescinds the expropriation of two areas of Kirkuk, Tasaaen 
and Hamza Lee, which were originally inhabited by Turcomen 
and taken during the Saddam era. The Order restores the 
property to its original owners and forgives any previous 
payment or compensation that was in some cases given to 
owners for their expropriated property.  Allegedly this 
represents 30% of the Commission for the Resolution of Real 
Property Disputes (CRRPD),s Kirkuk caseload; the CRRPD 
reportedly is dipleased with Order #6 and its head threatened 
to resign over it.  The Order since October has awaited Prime 
Minister Maliki,s final approval. 
 
3.  (U) The CRRPD, the successor to the Iraq Property Claims 
Commission (IPCC), is an independent GOI agency, answering to 
the Council of Ministers, that adjudicates claims to property 
the former regime expropriated   Through the CRRPD, victims 
may have their properties reinstated to them or receive 
compensation if their properties are in public use.  The 
property's current owners receive compensation as well. 
Although all groups suffered expropriations, most of the 
victims in Kirkuk province were Turcomen, who were 
disproportionately large landholders. 
 
Comment 
------- 
 
4.  (SBU) The backlog of unprocessed disputed property cases 
before the CRRPD is a sore point in Kirkuk and exacerbates 
communal tension.  As of 8 November (the most recent data 
available to the PRT), CRRPD offices in Kirkuk has received 
approximately 35,800 cases, begun adjudicating 6,800, and 
fully adjudicated only 2,418.  Some cases have languished for 
years, and Kurds and Turcomen who have not seen justice done 
through the legal system are tempted to extralegal action. 
To facilitate the orderly resolution of property claims 
stemming from the previous regime,s policies, the Council of 
Ministers should give the CRRPD additional staff and 
resources, in addition to job security by hiring them as 
permanent GoI staff - they are currently contract employees, 
so working faster would put them out of a job. 
CROCKER