VZCZCXRO1349
RR RUEHBC RUEHDA RUEHDE RUEHIHL RUEHKUK
DE RUEHGB #0155/01 0211207
ZNR UUUUU ZZH
R 211207Z JAN 09
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC 1314
INFO RUCNRAQ/IRAQ COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS SECTION 01 OF 02 BAGHDAD 000155 
 
SENSITIVE 
 
SIPDIS 
 
DEPT FOR INL, NEA/I 
JUSTICE PASS TO JOHN EULER, ANDREW NORMAN 
 
E.O. 12958:   N/A 
TAGS: PINS PGOV PHUM SOCI IZ
SUBJECT:  IRAQI HIGH TRIBUNAL WORKING THROUGH FULL DOCKET OF CRIMES 
BY SADDAM'S REGIME 
 
REF: 2008 BAGHDAD 3840 
 
¶1. (SBU) SUMMARY:  The development of the Iraqi High Tribunal (IHT) 
as an independent, fully functioning court is illustrated by its 
full docket of trials.  Having recently completed its third trial, 
the IHT has four other cases currently in trial, two more set to 
begin shortly, and two cases referred for trial.  The capacity of 
the IHT to accommodate multiple trials while ensuring that 
defendants receive a fair hearing demonstrates the institutional 
development of the IHT.  END SUMMARY. 
 
 
¶2.  (U) Defendants' closing arguments were heard the week of 11 
January 2009 in the "Merchants Case."   A judgment is expected 
mid-February.  The case examines Saddam Hussein's use of Special 
Courts as a tool to carry out political revenge.  As commodity 
prices rose in Iraq after imposition of trade sanctions following 
the 1991 Gulf War, Iraqis expressed frustration at rising costs. 
Saddam Hussein blamed merchants for shortages and high prices.  The 
Minister of the Interior, in a radio address, discredited the 
merchants as "covetous" exploiters and blamed them for rises in 
consumer prices.  A group of merchants were arrested and brought 
before a Special Court.  Thirty seven of the 40 merchants brought 
before the court were convicted and executed within a matter of 
hours.  There was no semblance of due process during the 
proceedings. 
 
¶3.  (U) In the "Friday Prayers" case, which began in July 2008, the 
prosecution finished presentation of its case January 5, 2009.  The 
defendants will begin to present witnesses February 8.  The case 
involves the regime's brutal suppression of the widespread protests 
following the assassination of Ayatollah Mohammed Sadiq al-Sadr and 
his two oldest sons in Najaf on February 19, 1999, by Saddam's 
security agents. 
 
¶4.  (U) The IHT's sixth trial began December 21, 2008 involving five 
defendants being tried for their involvement in chemical attacks on 
the Kurdish town of Halabja in March 1988.  After two days of 
conventional artillery attacks, Iraqi planes attacked the town and 
surrounding region with bombs, artillery fire, and chemical weapons. 
 At least 5,000 people died immediately and an estimated 7,000 
others were injured or suffered long term illness because of the 
mustard gas, chemical and nerve agents. 
 
¶5.  (U) A trial involving persecution of the Al-Dawa party began 
December 28, 2008.  Twenty four defendants are on trial, of whom 12 
have appeared as defendants in previous cases.  The main goal of the 
Al-Dawa party during Saddam's regime was governance by religious 
rather than secular leaders.  In 1979, Al-Dawa formed a religious 
wing called Shadid al-Sadr after party founder Ayatollah Muhammed 
Baqir al-Sadr.  In April 1981, Al-Dawa members tried to assassinate 
then- Foreign Minister Tariq Aziz.  Eight days later, the Ayatollah 
al-Sadr and his sister were arrested and executed.  A year later, 
Al-Dawa members tried to assassinate Saddam Hussein, which led to a 
government crackdown on Al-Dawa.  Iraqi's current Prime Minister, 
Nouri al-Maliki, is a member of the Al-Dawa party. 
 
¶6.  (U) On January 26, trial will begin for 16 defendants accused of 
widespread, systematic persecution of the Fayli Kurds.  In 1971, the 
former regime the deported some 40,000 Fayli Kurds to Iran as part 
of Saddam Hussein's Arabization Policy.  Others were detained 
without charges; many were never heard from again.  Over 400,000 
Fayli Kurds are estimated to have been displaced, imprisoned or 
executed between 1971- 2003. 
Qexecuted between 1971- 2003. 
 
 
¶7.  (U) On March 1, the "Barzani Clan murders" trial will begin. 
This case involves the deportation and murder of thousands of 
members of the Barzani clan in northern Iraq in 1983.  In 1975, the 
former Iraqi regime deported Barzanis from villages in the Ninawa, 
Dahuk and Erbil governorates, and relocated them to the central 
Iraqi desert, principally at Afaq.  The motive for this deportation 
was the longstanding conflict between the Saddam Hussein government 
and certain Kurdish groups fighting for autonomy, including Massoud 
Barzani and his allies.  After several years, the Barzani clan 
members were relocated into "collective towns" in the Kurdish 
region established by the regime.  The case has  political impact 
because Massoud Barzani is the current President of the Kurdish 
Regional Government in northern Iraq and the leader of the Kurdistan 
Democratic Party, which is a member of Iraq's ruling coalition. 
 
¶8.  (U) Saddam's systematic displacement of the Kurds and attempts 
to Arabize areas of northern Iraq, particularly Kirkuk city and 
other areas of the province of Al Tameem, will be the focus of the 
IHT's tenth trial later in 2009.  13 defendants are being referred 
for trial.  From the mid 1970's and  1980's, Saddam tried to 
 
BAGHDAD 00000155  002 OF 002 
 
 
reinforce central government control over numerous aspects of life 
in northern Iraq.  Kurds were murdered, raped, tortured, starved, 
forced from their homes, deprived of their rights to medical care, 
and denied education in the Kurdish language. 
 
¶9.  (U) Later this year, the IHT will refer to trial the "Secular 
Parties" case.   Throughout his regime Saddam Hussein employed the 
judicial system to eliminate perceived enemies.  Many were members 
of the Communist Party, the National Democratic Party and the 
Patriotic Union of Kurdistan.  The basis for the prosecution of the 
members of these parties was that they were "a threat to the 
national security."  Some members were brought before different 
courts, including the Revolutionary Command Council Special Court. 
Others were murdered and tried after their deaths, to give judicial 
validation to their elimination. 
 
¶10.  (U) The IHT nears completion of several other investigations. 
These cases include "Wasting National Wealth," "Marsh Arabs," 
suppression of the 1991 uprising, the murder of political opponents, 
and the Kuwait invasion.  The court hopes to refer these cases for 
trial in the second half of this year. 
 
CROCKER