VZCZCXRO9674
RR RUEHBC RUEHDA RUEHDE RUEHIHL RUEHKUK
DE RUEHGB #0010/01 0050712
ZNR UUUUU ZZH
R 050712Z JAN 09 ZDK
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC 1098
INFO RUCNRAQ/IRAQ COLLECTIVE

UNCLAS SECTION 01 OF 02 BAGHDAD 000010 
 
SENSITIVE 
SIPDIS 
 
STATE FOR INL/C/CP, INL/I, NEA/I, S/I 
 
E.O. 12958: N/A 
TAGS: KCOR KCRM PGOV PREL
SUBJECT: IRAQIS RENEW VOWS TO FIGHT CORRUPTION IN 2009 
 
REF: 08 BAGHDAD 4058 
 
 ¶1.  (SBU) SUMMARY:  Continuing their public commitment to 
fight corruption, Iraqi anti-corruption officials spoke out 
at an annual "Day of Integrity" gathering about their 2009 
plans. All spoke of the need to fight corruption and both the 
Chairman of the COR's Integrity Commission and the Commission 
on Integrity Commissioner called for a repeal of the law 136 
(B) which gives ministers the authority to quash 
investigations. Speakers suggested restructuring of and more 
transparency in government, with more independent 
anti-corruption agencies and more qualified personnel in 
those agencies.  A number of academic, technical papers were 
presented on such issues as money laundering, administrative 
investigation difficulties, and legal procedures.  In a 
separate meeting, the newly arrived Anti-Corruption 
Coordinator was told of the GOI's work on a restructured, 
multi-year anti-corruption strategy action plan and that 
comprehensive anti-corruption legislation should be ready 
soon.  Given the shortcomings in the Goi's anti-corruption 
efforts during the declared 2008 Year of Anti-Corruption with 
its inadequate 18 point national strategy, (reftel), it is 
good to note they are working on a new plan.  End Summary. 
 
¶2.  (SBU)  On the opening day of the annual "Day of 
Integrity" two day event December 30-31, sponsored by the 
Commission on Integrity (COI), Sheikh Sabah Al-Saidi, 
Chairman of the Council of Representatives' (COR) Integrity 
Committee, Acting COI Commissioner Judge Rahim al-Ugailiy, 
and Chief of the Supreme Court Judge Medhat Mamood gave 
comprehensive speeches on the need for redoubled GOI efforts 
to combat corruption and concrete suggestions on how to do 
it.  Sheikh Sabah and Judge Rahim both urged the government 
to repeal a provision in the Criminal Procedure Code, 136 
(B), that gives ministers the authority to quash criminal 
investigations at all levels, including against themselves. 
Sheikh Sabah noted the lack of coordination among the 
different governmental branches and called for government 
restructuring and a merger of some ministerial portfolios so 
as to reduce the number of ministries from 40 to 25.  He said 
the Parliament should move forward with the draft laws for 
the government's anti-corruption agencies, the COI, Board of 
Supreme Audit (BSA) and the Inspectors General (IGs), 
currently in the Prime Minister's office for redrafting. 
Sheikh Sabah called for a new school anti-corruption 
curriculum for children in kindergarten through university 
grades.  The speakers also noted the need for legislation to 
make government more transparent and for more qualified 
people to fight corruption.  Ali Alaq, Head of the National 
Anti-Corruption Board (formerly the Joint Anti-Corruption 
Council - JACC - renamed in November) spoke for the Prime 
Minister, who did not attend the event.  Alaq and Judge 
Medhat both mentioned the GOI's achievement in signing and 
ratifying the United Nations Convention against Corruption 
(UNCAC), with Judge Medhat urging the government to now work 
to implement the UNCAC.  Judge Medhat also declared the 
courts as the final arbitrators of cases and the key 
institution for fighting corruption, with the other 
institutions in a supporting role. 
 
¶3.  (SBU)  The COI's Judge Rahim emphasized the economic 
ramifications of corruption and he proclaimed the need for 
everyone in the government and in civil society groups to 
take responsibility for fighting corruption.  Rahim claimed 
that the COI had investigated and then submitted more than 
3000 anti-corruption cases to the investigative judges, while 
Q3000 anti-corruption cases to the investigative judges, while 
more than 4000 referred to the COI remained to be processed. 
He called for a strategy to build public confidence in the 
anti-corruption agencies and in the government and asked that 
measures be taken to end the politicization of the COI. 
Rahim said corruption must be dealt with at its root causes 
and not simply as criminal violations.  Judge Rahim concluded 
with a plea for independence for the anti-corruption 
agencies. 
 
¶4.  (SBU)  The second day was dedicated to the presentation 
of academic papers on anti-corruption issues.  Topics 
included money laundering and other financial schemes, 
administrative investigations, and legal practices in the 
fight against corruption.  These discussions were technical 
in nature, but as in the case of money laundering, the point 
was made that Iraq lacks the updated, state of the art legal 
tools to deal with those crimes and is looking to other 
countries to provide assistance.  In particular, the 
administrative investigative procedures pose serious problems 
for the IGs and COI as ministers can hold their own "court" 
or "board" hearings to decide an employee's fate, bypassing 
both the IGs and the COI.  There is concern employees' rights 
are not protected, including the right to have a lawyer 
present.  Judge Rahim was critical of these boards, saying 
 
BAGHDAD 00000010  002 OF 002 
 
 
they are just going after the "little guys" and not the 
leadership committing the larger scale corruption. 
 
¶5.  (SBU)  The recently arrived Anti-Corruption Coordinator 
met separately with Ali Alaq December 31.  Alaq said work is 
continuing on a comprehensive anti-corruption law and that 
the draft should be ready soon.  Alaq noted he wanted to 
consult with the U.S. and the International Community before 
finalizing this law.  He added that work continues on the 
GOI's new three to five year action plan to combat corruption 
which Alaq thought would be ready in draft form in about a 
month. 
 
¶6.  (SBU)  COMMENT:  While the COI predictably used the "Day 
of Integrity" to tout its claimed achievements, the 
presentations highlighted the pressing need for improvement 
in the GOI's overall anti-corruption record.  It was 
particularly noteworthy in this respect to hear high 
officials such as Judge Rahim and Sheikh Sabah publicly come 
out for the repeal of 136 (B).  Given the shortcomings in the 
GOI's performance during the declared 2008 Year of 
Anti-Corruption with its inadequate 18 point national 
strategy and lack of follow-up (reftel), Ali Alaq's professed 
commitment to the creation of a new multi-year 
anti-corruption strategy action plan was also noteworthy. 
Regarding the draft comprehensive anti-corruption law that 
Alaq mentioned, it remains to be seen what the specific 
elements of this law will be and whether the GOI will submit 
it to the COR as a priority item.  End Comment. 
 
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