VZCZCXYZ0023
PP RUEHWEB

DE RUEHGB #1118/01 1010258
ZNR UUUUU ZZH
P 100258Z APR 08
FM AMEMBASSY BAGHDAD
TO RHEHAAA/WHITE HOUSE WASHINGTON DC//NSC// PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 6782

UNCLAS BAGHDAD 001118 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR NEA/I 
JUSTICE FOR JOHN EULER 
NSC FOR BOB KITRINOS 
 
E.O. 12958: N/A 
TAGS: EAID KCRM KJUS PGOV PHUM IZ
SUBJECT: GOI'S LARGEST DETENTION FACILITY GETS LEGAL CLINIC 
 
¶1. SUMMARY:  A modest grant from the Ambassador's Targeted 
Development Program fund has given the Iraqi Bar Association 
(IBA) resources to operate a legal aid clinic at Baghdad's 
largest detention center.  Many of the detainees have been 
held for years without charges or progress in their cases. 
The IBA will use the grant to pay attorneys to represent 
detainees, and to facilitate reintegration of detainees 
released from detention.  Reintegration services will likely 
include assistance in obtaining identity and other 
documentation, contacting family members, and assisting in 
transportation to their respective homes from Baghdad.  End 
summary. 
 
DETAINEE SURGE 
-------------- 
 
¶2. Despite the passage of a general amnesty law by the 
Council of Representatives on February 13, 2008 that was 
meant to include both those already convicted and those 
accused of certain crimes, the GOI's pre-trial detainee 
population has remained at pre-amnesty levels.  This is due 
to the fact that while there have been 70 detainees that 
appear to have been released due to the Amnesty Program, and 
other releases that have occurred as part of normal trial 
procedure, the number of intakes has kept pace with the 
number of releases resulting in zero-net decrease of the 
population in Rusafa.  The most well-known, and largest, GOI 
detention facility is at the Rusafa Rule of Law complex, 
located on the edge of Baghdad's Sadr City. 
 
¶3. The Rusafa complex is a GOI facility meant to house 
approximately 2,300 pre-trial detainees.  Because of the 
large numbers of Iraqis detained before and during surge 
operations in 2007, several temporary housing compounds were 
added to the complex.  With the addition of these temporary 
facilities, the total bedspace capacity at Rusafa increased 
to nearly 7,000.  While the numbers of detainees fluctuate 
slightly from day to day, nearly 6,500 detainees are 
currently held at the Rusafa complex. 
 
LAW IS NO GUARANTEE OF REPRESENTATION 
------------------------------------- 
 
¶4.  Due to a lack of judicial capacity and other 
institutional failures, the Iraqis have been unable to 
 
process these detainees in a timely manner, and many of the 
detainees at Rusafa have been held for years without any 
change in their pre-trial status.  A significant impediment 
to efficient movement through the judiciary process is the 
paucity of legal representation for the criminal detainees. 
Although the right to representation is guaranteed by Iraq,s 
constitution and CPA Memorandum Three, the courts do not 
provide counsel to those detainees who cannot afford it. 
Many of the detainees appear to have no resources, and 
without the provision of court-appointed representation, the 
possibility of finding an attorney willing to represent the 
detainee on a pro bono basis is limited and unlikely.  With 
no advocate to press their case, these detainees at Rusafa ) 
and many others around the country ) languish for months or 
years. 
 
¶5. The right to representation has been guaranteed by Iraq's 
constitution and reinforced by CPA Memorandum Three, since at 
least the fall of Saddam.  Many of the detainees appear to 
have no resources, and without the provision of 
court-appointed representation, the possibility of finding an 
attorney willing to represent the detainee on a pro bono 
basis is limited.  With no advocate to press their case, 
these detainees at Rusafa - and many others around the 
country - languish for months or years. 
 
LAWYERS' GROUP THE ANSWER? 
-------------------------- 
 
¶6. In order to address the lack of experience in trial 
defense work (both individual and institutional), a 900,000 
dollar grant from the Ambassador's Targeted Development 
Program (TDP) fund was awarded to establish a legal defense 
clinic at the Rusafa complex.  The Iraqi partner for this 
project is the Iraqi Bar Association (IBA). 
 
¶7. The IBA is a member-funded organization with over 40,000 
eligible lawyers across the country.  However, only about 
10,000 lawyers are dues-paying members because of the 
economic conditions in Iraq.  Paid membership in the IBA is 
mandatory in order to practice law in Iraq; however, the 
courts are responsible for enforcement and presently do not 
uniformly enforce this requirement. 
¶8. The IBA enjoys a reputation as a secular organization, 
with no overt affiliations with any sect or faction. 
Approximately 15,000, or nearly 30 percent, of attorneys in 
Iraq are unemployed.  While the legal aid clinic at Rusafa is 
not specifically designed as an employment program for 
lawyers, the IBA plans to rotate lawyers through the clinic - 
probably at 90 day intervals - which will have the effect of 
putting more lawyers to work than a fixed group for the 
entire period.  (Note:  While the President of the IBA, Mr. 
Aswad Minshidi, originally had hopes of very high salaries 
for a small number of attorneys for the legal aid clinic, the 
final plan calls for up to 25 attorneys at a time, drawing a 
combination of a base salary and a financial incentive for 
each completed case file.  It is our understanding that even 
the base salaries are very attractive for the average Iraqi 
attorney.  End note.) 
 
LONG ROAD AHEAD 
--------------- 
 
¶9. Securing the release of a large number of detainees is not 
the primary goal of the legal aid clinic.  Instead, the 
intent is to prod officials at Rusafa to take action on 
individual detainee cases, resulting in either conviction or 
dismissal of charges.  The TDP grant to the IBA is structured 
to provide bonuses for case resolution, not just for 
representation or consultation. 
 
¶10. According to data provided by Iraq's Higher Judicial 
Council, nearly 5,000 of the detainees at Rusafa have applied 
for amnesty under the GOI's amnesty statute.  While nearly 
half of the applications have been approved, it is our 
understanding that only a handful -- mostly Shi,a -- has 
been released.  The IBA's legal aid clinic will likely 
include an application for amnesty in case files for the 
detainees, but will also continue to represent the detainees 
even if the amnesty is denied. 
 
¶11. The legal aid clinic's lawyers will provide reintegration 
services in the event that individuals are released, whether 
the release is through dismissal of charges, acquittal, or 
through the amnesty program.  That assistance will focus on 
helping the former detainee safely reintegrate into society. 
This may include assistance in obtaining identification 
documents, letters to former employers explaining the 
individual's situation and status, help in contacting family 
members across Iraq, and arranging for transportation away 
from the largely-Shi,a enclave where Rusafa is located. 
 
COMMENT 
------- 
 
¶12. The Rusafa program is admittedly small, with modest 
goals.  The funding provided through the TDP should prove 
adequate to provide legal representation and counsel for 
approximately 5,000 of the Rusafa detainees under the present 
circumstances (funding beyond that initial pool will require 
a policy decision as to where the means will come from to 
support the program - whether from USG or GOI sources). 
Perhaps equally as important, it provides the IBA with the 
resources to put a small number of Iraqi attorneys back to 
work.  Additionally, the legal clinic is an opportunity to 
introduce elements of an adversarial legal system - 
guaranteed by Iraq's constitution -- into the country's 
traditionally-inquisitorial process.  If the legal aid clinic 
achieves any of those goals, it would be worth replicating 
the Rusafa clinic in other locations around Iraq. 
BUTENIS