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PP RUEHBC RUEHDA RUEHDE RUEHIHL RUEHKUK
DE RUEHGB #2900/01 2521512
ZNR UUUUU ZZH
P 081512Z SEP 08
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 9302
INFO RUCNRAQ/IRAQ COLLECTIVE

UNCLAS SECTION 01 OF 02 BAGHDAD 002900 
 
SENSITIVE BUT UNCLASSIFIED 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KJUS PINR IZ
SUBJECT: RRT ERBIL: ONE IRAQ: THE JUDICIARY CROSSES THE GREAT DIVIDE 
 
FOR USG ONLY. NOT FOR INTERNET DISRIBUTION. 
 
This is an Erbil Regional Reconstruction Team (RRT) cable. 
¶1. (SBU) Summary: Chief Justice Medhat on August 29 led a delegation 
of nine judges from the Iraq High Judicial Council (HJC) to meet 
with thirteen judges from the Kurdistan Region of Iraq who were 
selected by the Kurdistan Judicial Council (KJC).  This was the 
first meeting between representatives of the national judiciary and 
judges in the Kurdistan Region since the Kurdistan Region attained 
autonomy in 1991.  The meeting was sponsored by a local NGO with 
funding from the International Republican Institute (IRI) and 
facilitated by the Rule of Law (ROL) coordinator at RRT Erbil. 
¶2. (SBU) The forum covered communication between federal and 
regional justices; the current structure of the regional judiciary; 
harmonization between the federal judiciary and the regional 
judiciary; and coordination of prosecution, execution of judgments 
and the administration of justice at the federal and regional 
levels.  A Memorandum of Understanding signed at the conclusion 
commits to continued dialogue on the subjects covered at the forum. 
More importantly, concrete results emerged shortly thereafter, with 
an indication that Judge Medhat was working to help include Kurdish 
Judges on the HJC.  The Erbil RRT is encouraging our Kurdish 
colleagues to seize this opportunity.  This meeting, and the 
follow-up it generates, represent important steps in consolidating a 
coherent and effective legal framework for all regions of Iraq.  End 
Summary. 
First Meeting of national and Kurdistan judges since 1991 
---------------------- ----------------- ------------ 
¶3. (U) On August 29, 2008 Chief Justice Medhat led a delegation of 
nine judges from the Iraq High Judicial Council (HJC) to meet with 
thirteen judges from the Kurdistan Region of Iraq that were selected 
by the Kurdistan Judicial Council (KJC).  This was the first meeting 
between representatives of the national judiciary and judges in the 
Kurdistan Region since the Kurdistan Region began autonomous 
government in 1991.  The meeting was sponsored by a local NGO with 
funding from the International Republican Institute (IRI) and 
facilitated by the ROL adviser at Erbil RRT. 
¶4. (U) The forum covered four topics: 1) communication between 
federal and regional justices; 2) the current structure of the 
regional judiciary; 3) harmonization between the federal judiciary 
and the regional judiciary; and 4) coordination of prosecution, 
execution of judgments and the administration of justice at the 
federal and regional levels. 
MAIN DISCUSSION POINTS 
--------------------- 
¶5. (U) The judges discussed both electronic and courier-type 
communication between federal and regional justices.  While several 
noted that electronic communication could be relatively secure, 
others resisted over-reliance on this because of the Iraqi legal 
system's dependence on seals and original signatures.  This topic 
was noteworthy in that the goal of creating a secure line of 
communication was presumed in spite of the long separation.  The two 
bodies agreed to dedicate personnel to work on this issue. 
¶6. (SBU) On the current structure of the regional judiciary, Chief 
Justice Medhat informed the group that he had just attended a 
meeting in Switzerland to explore the nature of the judiciary in a 
federal Iraqi state.  (Note: no specific information on this meeting 
was available to the Erbil RRTOffs).  Unfortunately, the organizers 
of the event invited the regional Minister of Justice to the meeting 
rather than the head of the regional judicial council.  (Comment: 
Although in this case the meeting was reportedly very positive, 
international actors will need to exercise care in order to avoid 
inadvertently undermining the independence of the judiciary in the 
region.)  The Chief Justice spoke at length about the importance of 
regions in the Iraqi Constitutions and the need to empower them, and 
called for a delineation of jurisdiction.  The Chief Justice also 
cleared his visit to the forum with KRG President Barzani, however, 
which suggests that the independence of the regional judiciary 
remains politically sensitive and the linkage between regional and 
national courts will need political buy-in.  To this end, the 
drafting of the regional constitution and revision of the national 
constitution merits close scrutiny vis a vis its impact on judicial 
independence. 
¶7. (SBU) The longest discussion on a criminal law issue was on the 
execution of a Memorandum of Arrest issued by the national judiciary 
in the Kurdistan region.  In sum, the judges agreed to additional 
discussions on the procedural issues related to the prosecution of 
criminal cases that spanned provincial and regional boundaries. 
¶8. (SBU) Regional judges directed much discussion toward their 
concern over training and pay scales.  Several noted that regional 
judges have not had access to international or national training and 
funding since 1991; while the reasons for this were not apparent, 
Medhat said the regional executive had sent several invitations to 
regional judges since 2003.  Ultimately, the regional judges 
requested assistance from the HJC in harmonizing regional and 
national pay scales. (Note: pay scales for national judges are 
several times those of regional judges in similar positions.  On the 
other hand, regional judges generally enjoy better security and 
working conditions.)  Medhat expressed empathy and noted that some 
regional judges had requested re-assignment to the national system 
 
BAGHDAD 00002900  002 OF 002 
 
 
for the superior pay, but stressed that pay and security are 
currently concerns for the regional government.  Participants also 
commented that administrative strengthening programs at the HJC in 
Baghdad may become available to the KJC. 
UNITY WITHIN AN INDEPENDENT JUDICIARY 
-------------- ----------------------- 
¶9. (SBU) Several judges worried that political and security pressure 
in both Baghdad and Erbil could threaten judicial independence. 
Medhat repeatedly called for unity within an independent judiciary. 
He elaborated on the unique nature of regions within the cultural 
and constitutional context of Iraq, and said that "all regions" 
should have regional judicial councils that ultimately harmonize 
under the HJC.   The Chief Justice outlined a potential Iraqi 
justice system that includes several regional councils linked under 
the HJC. 
MEMORANDUM OF UNDERSTANDING AND FOLLOW-UP 
--------------------- -------------------- 
¶10. (U) A short Memorandum of Understanding between the HJC and the 
KJC commits to continued dialogue on the subjects of the forum.  The 
forum's closing comments included specific assurances that the 
national judiciary would include regional judges in professional 
development opportunities and institutions, specifically mentioning 
the planned Judicial Education and Development Institute. 
BACKGROUND AND COMMENT 
--------------------- 
 
¶11. (SBU) Comment:  According to writings by Chief Justice Medhat, 
the Baathist regime began undermining the independence of the 
judiciary starting in the late 1950s.  Because the judiciary was 
difficult to control, the Baathists sidelined the courts and pushed 
investigative functions towards the police.  At the same time, the 
selection and training of new judges came under the executive in 
order to apply policy direction to new judges.  Prior to 1991, the 
bulk of the area now referred to as the Kurdistan Region was 
judicially administered as an appellate district.  After gaining 
autonomy, the Kurdistan Region in 1992 modeled its judicial 
structure on that of the GOI at the time, with the judiciary managed 
by the regional Minister of Justice.  The regional minister 
initially was an experienced judge and the structure retained a high 
degree of respect, but over time, party influence and isolation from 
professional training and external accountability took their toll. 
Several judges at the forum noted that the regional judiciary is 
still struggling with these issues even though the Kurdistan 
National Assembly passed the Judicial Powers Law (JPL) in November 
¶2007.  The JPL created an independent judicial council in the 
Kurdistan Region similar to the national HJC. 
 
¶12. (SBU) Comment Cont'd: The judges' perceived inability to exert 
constitutional and legislative power through the formal judicial 
system is a fundamental challenge for Rule of Law programming 
nationally, since most maturity models measure the extent to which 
disputes are resolved through the courts.  Judges from the HJC and 
KJC agreed to improved coordination, but progress may be slow 
without international support.  Absent such help, Iraq's political 
leadership is likely to resist a judicial system that can directly 
deliberate on sensitive topics such as party involvement in 
governance, binding interpretations of the constitutional, and 
disputes between different levels of government.  END COMMENT