VZCZCXYZ0002
PP RUEHWEB

DE RUEHGB #0724/01 0711409
ZNR UUUUU ZZH
P 111409Z MAR 08
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 6173
INFO RHEHAAA/WHITE HOUSE WASHINGTON DC//NSC// PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY

UNCLAS BAGHDAD 000724 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR NEA/I, INL/I 
NSC FOR ROBERT KITRINOS 
JUSTICE FOR EULER, MONHEIM, MACATAMEY 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KJUS MOPS IZ
SUBJECT: SUMMARY OF GOI MEETINGS ON RULE OF LAW, DETENTIONS 
 
¶1. This is an update on the continuing Ministerial Committee 
on the Rule of Law and Detention meetings (MCROLD).  Since 
our last summary the MCROLD has been marked by more senior 
participants - most ministries or agencies are now 
represented at the deputy minister level - and more organized 
meetings.  Agenda topics discussed included administrative 
issues, medical needs of adult detainees, execution of 
release orders, and housing and medical care for juvenile 
detainees.  A summary of the February 12 and 27, 2008 MCROLD 
meetings is presented below. 
 
------------------------------ 
February 12 Meeting Highlights 
------------------------------ 
 
¶2. Ongoing issues included problems with transferring 
juvenile detainees for psychiatric evaluation.  Discussion 
centered around the difficulties of identifying juvenile 
detainees for evaluation, locating those same detainees 
within the detention facilities, and enforcing orders to 
transfer and evaluate those detainees. 
 
¶3. MCROLD participants raised concerns about detainees, 
transferred from Coalition facilities, who have been found 
innocent in the Iraqi courts.  The Committee chairman claimed 
that Coalition forces sent letters to Iraqi authorities 
instructing them to not release those detainees because they 
present a security threat.  MNFI's representative explained 
that their goal is to turn over detainees who have been 
convicted to the Ministry of Justice for confinement in Iraqi 
facilities.  He further explained that more than 600 people 
convicted in Iraqi courts are being held in Coalition 
facilities at Camps Cropper and Bucca due to a shortage of 
GoI prison bed space. 
 
¶4. Progress was reported on the issue of timely release of 
detainees following orders from the relevant courts.  The 
committee reported that in December, large numbers of 
detainees were released.  There are complaints on the 
hand-over process of released detainees, with some detainees, 
particularly females, being released with no coordination 
with family members. 
 
¶5. A contagious skin condition has affected many detainees, 
particularly at the Kahdimya women's facility.  Poor 
conditions at the detention facility, including humidity and 
rodents, were cited as the cause.  A new building is being 
constructed and they are attempting to keep the facility 
clean.  Detainees are now being taken out for sun two hours 
every day.  Representatives from the prosecutor's office from 
the Baghdad juvenile court visited female detainees held in 
Al Karada and found that they have no medical staff at all. 
A letter was sent to the Baghdad directorate to send medical 
staff to that facility and they are waiting for action by the 
Minister of Health.  USG representatives were given a list of 
medications requested by various ministries.  Hazard payment 
for doctors was discussed.  There is correspondence about the 
issue that will be submitted to the Chairman. 
 
¶6. Specific detention cases were discussed, including a 
female juvenile detained more than one year whose case is 
still at the Ministry of Justice.  According to the GOI 
representative, she is mentally unstable and should be 
referred as soon as possible.  Another detainee cannot be 
moved from Baghdad to Anbar because there is no line for 
movement.  The detainee confessed to killing a policeman but 
the Anbar police station has not replied to the request for 
the case file. 
 
¶7. A judicial committee has been formed to inspect the Rusafa 
detention facility the first week in March.  The chairman 
reminded committee members that photography of females and 
female detention facilities was prohibited and that only 
members of the human rights committees are permitted to visit 
those facilities, subject to approval from the Minister of 
Justice. 
 
------------------------------ 
February 27 Meeting Highlights 
------------------------------ 
 
¶8.  The Amnesty Law was the primary topic of discussion.  The 
committee chair announced that the Amnesty Law was signed and 
is now in effect.  He explained the amnesty process, which 
involves each detainee's application being sent for review 
and decision to one of approximately 22 committees formed 
throughout Iraq.  If amnesty is denied, the detainee has the 
right of appeal, and the committee decision will not be 
implemented until the appeal is final.  The Higher Judicial 
Council sent a letter to the Ministries of Interior, Justice, 
and Labor and Social Affairs regarding the mechanics of 
release covered in the law.  The chairman repeatedly 
emphasized that the law is to be applied evenly. There is to 
be no interference -- political, sectarian or otherwise -- in 
applying the law.  They are only to look at the investigation 
and deal with whether or not a detainee is covered by the law 
 
¶9. Officials from the Ministry of Justice met two days ago 
with a representative from the Deputy Prime Minister's 
Office, representatives of the larger political parties in 
Iraq, and representatives of the Arab league in Iraq 
concerning national reconciliation and the Amnesty law.  All 
present at that meeting were reportedly very pleased with the 
information received at the meeting, especially the news that 
a large number of detainees had been released. 
 
¶10. The chairman noted that the MCROLD Committee will 
continue to work toward achieving the goal of releasing the 
largest number of detainees possible according to the law. 
To date, 14,847 detainees have been released and 6,056 
referred to trial, according to the committee chairman.  Of 
the referred cases, 90% have been closed. 
 
¶11. The judge from the Central Criminal Court of Iraq's 
juvenile court advised that six wards have been prepared at 
Tobchi to receive juveniles transferred from MNFI custody. 
The wards do not yet have beds, MNFI will be notified as soon 
as the wards are ready and court orders are issued for the 
juveniles' -- up to 80 detainees -- transfer from Camp 
Cropper for further processing. 
 
¶12. GOI participants included representatives from the Chief 
Prosecutor's office, Ministry of Health, Ministry of Justice, 
Ministry of Defense, National Security Council; Ministry of 
Interior, Ministry of Labor and Social Affairs; Deputy Prime 
Minister's office, Al Tobchi Detention Center, Khadimiya 
Women's Detention Center, and the Ministry of Human Rights. 
USG observers included representatives from Embassy's Rule of 
Law office and MNFI's Staff Judge Advocate's office. 
CROCKER