VZCZCXRO1923
OO RUEHBC RUEHDA RUEHDE RUEHIHL RUEHKUK
DE RUEHGB #1211 1091426
ZNR UUUUU ZZH
O 181426Z APR 08
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6911
INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY

UNCLAS BAGHDAD 001211 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL IZ IR
SUBJECT: PMO OFFERS CONTEXT ON DISPOSITION OF CORRUPTION 
CASES 
 
¶1. (SBU) In an April 16 meeting, the DCM introduced 
Ambassador Lawrence Benedict to Dr. Tariq Abdallah, Prime 
Minister (PM) Maliki's Chief of Staff.  Ambassador Benedict 
said he looked forward to supporting the GOI in its 
anti-corruption efforts, and noted one immediate subject of 
concern:  Judge Radhi (the former head of Iraq's Commission 
on Public Integrity) has alleged that Maliki issued a "secret 
order" saying that all anti-corruption cases involving senior 
GOI officials needed his approval.  These 
allegations have been of great concern to the USG and the 
Congress. 
 
¶2. (SBU) Dr. Tariq welcomed Ambassador Benedict and said that 
he looked forward to working with him, adding that fighting 
corruption remains one of the Prime Minister's highest 
priorities.  Dr. Tariq explained that no one is above Iraqi 
law when it comes to corruption investigations.  Anyone 
"regardless of rank" can be subject to investigation, and 
neither the PM nor anyone else has a legal right to prevent 
an investigation. 
 
¶3. (SBU) Dr. Tariq said the PM's order issued in April of 
last year was meant to prevent cases that could/should be 
dealt with administratively and those that were frivolous 
from being referred to judge/prosecutors.  The order applies 
to officials of the President,s office, the Council of 
Ministers and current and former Ministers. 
 
¶4.  (SBU) Dr. Tariq said that the PM had only invoked this 
legal right on two or three occasions.  He cited two specific 
examples: one involving a complaint against former Minister 
of Communications Massoum, and one involving an un-named 
minister who had been accused of using his position to send 
his relatives to perform the hajj.  Without going into 
specifics on the first case, Dr. Tariq 
suggested the latter accusation was without merit because the 
GOI Hajj Commission reserved a certain number of hajj 
positions for ministers and their relatives as a matter of 
course.  In both cases, the PM felt the scope of the alleged 
offense did not warrant a full trial. 
 
¶5. (SBU) Dr. Tariq said it was unfortunate that Judge Radhi 
had not also explained to Congress that PM Maliki instituted 
a procedure under which if 136B is invoked by a Minister, 
that decision automatically triggers a meeting by a review 
committee to ensure that the decision was appropriate.  The 
committee, which is chaired by Dr. Tariq, includes a 
representative from COI, as well as an IG from the ministry 
involved. 
 
¶6. (SBU) In conclusion, Dr. Tariq reiterated that Prime 
Minister Maliki does not prevent corruption investigations 
from going forward, nor does he have the legal power to do 
so.  The discretionary power to prevent cases against senior 
GOI officials from being referred to judge/prosecutors that 
is granted under 136B has been granted by law, was intended 
to avoid burdening the legal system with frivolous cases, has 
seldom been used, and is automatically subject to committee 
review. 
 
 
 
 
 
CROCKER