VZCZCXRO6760
RR RUEHBC RUEHDA RUEHDE RUEHDH RUEHIHL RUEHKUK
DE RUEHGB #1414/01 1510901
ZNR UUUUU ZZH
R 310901Z MAY 09
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC 3257
RUCNRAQ/IRAQ COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS SECTION 01 OF 02 BAGHDAD 001414 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR INL, NEA/I 
JUSTICE PASS TO JOHN EULER, ANDREW NORMAN 
 
E.O. 12958:   N/A 
TAGS: KJUS IZ
SUBJECT:  JOINT COORDINATION COMMITTEE CONVENES TO ADDRESS IRAQ 
JUDICIAL FEDERALISM 
 
¶1.  SUMMARY:  The President of the Iraq Higher Judicial Council 
(HJC), Chief Judge Medhat al-Mahmoud, and the President of the 
Kurdistan Judicial Council (KJC), Chief Judge Ahmad Zobair, along 
with representatives of their respective judiciaries, met on April 
28 to discuss issues of judicial federalism, administrative control 
over courts in the disputed territories, exchange of documents, 
transfer of detainees and investigative files, implementation of 
judicial orders, reciprocal recognition of counsel representation, 
and the status of judges in the Kurdistan Region of Iraq.  This 
represented the first meeting of a newly formed HJC-KJC Joint 
Coordination Committee.  END SUMMARY. 
 
BACKGROUND 
 
¶2.  Under the powers assigned to it by the Iraqi Constitution, the 
Kurdistan Regional Government (KRG) formed an independent judiciary 
through the Judicial Powers Act of 2007, which separated the 
judiciary from the regional Ministry of Justice.  The KJC now 
operates with administrative and financial independence from the KRG 
executive.  It is responsible for administering the courts and for 
appointing, transferring, and disciplining judges in the Kurdistan 
Region of Iraq, as the HJC does for the rest of the country.  A 
flurry of recent legislation proposed in the Iraqi Kurdistan 
Parliament, formerly called the Kurdistan National Assembly, raises 
concerns of potential conflict of laws and discrepancy in procedures 
between the regional and national justice systems.  An April 
conference on judicial federalism, sponsored by the U.S. Institute 
of Peace (USIP) and attended by HJC and KJC leadership, exposed the 
need to clarify various areas of constitutional, federal, and 
regional law. 
 
¶3.  In response to the recommendations made at the USIP conference, 
Chief Judge Medhat, President of the HJC, and Chief Judge Ahmad 
Zobair, President of the KJC, agreed to establish a Joint Committee 
between the HJC and KJC.  Its purpose was to address possible 
inconsistencies and ambiguities in the national and regional law and 
procedures relating to the judiciaries. The Committee was formally 
established by a judicial order dated March 31 and entered by Chief 
Judge Medhat.  Judge Sami Hussein al-Ma'mouri, a Federal Cassation 
Court Judge, was selected to chair the Committee.  On May 13, he 
addressed the Rule of Law Community Forum hosted by the Embassy and 
discussed the Committee and the recommendations contained within its 
report. 
 
JUDICIAL FEDERALISM 
 
 
¶4. According to Judge Sami, the Committee agreed to meet regularly, 
serve as a vehicle to resolve issues that may arise in the 
application of the laws, and clarify and increase awareness of 
federal and regional judicial authorities.  Judge Sami said that the 
Committee will draft legal texts to deal with conflict of law issues 
and will discuss the establishment of a federal court in the region. 
 Each side agreed not to object to the implementation of laws 
relating to jurisdictional matters. 
 
¶5.  The Committee approached the sensitive issue of administrative 
control over the Kufree Courts, which before April 9, 2003 fell 
under the national judiciary and now are under the administrative 
control of the KJC.  However, it deferred discussion of the issue 
until higher judicial authorities could be consulted.  The 
recommendations of the Committee will be reviewed by the judicial 
councils' leadership and Committee representatives hope to meet 
again in June. 
 
RECIPROCITY AGREEMENTS 
 
 
¶6.  Each side also agreed to implement the pleas and civil judgments 
Q6.  Each side also agreed to implement the pleas and civil judgments 
of the courts of the other council.  Any court of one side may 
request that a court of the other "conduct any judicial procedure on 
its behalf, such as notifications, listening to the witness, taking 
the oath, or inspection."  To facilitate the implementation of 
subpoenas and arrest warrants, the Committee proposed that judicial 
coordination offices be created in the offices of each judicial 
council presidency.  Official mail, warrants, and case files may be 
exchanged through these offices.  The Committee recommended inviting 
Ministry of Interior and Ministry of Justice representatives to 
discuss the appropriate mechanisms for transfer of detainees and 
investigative files, as well as Iraqi bar representatives to discuss 
reciprocity in recognition of attorney licensing at the regional and 
national levels. 
 
¶7. The Committee resolved to discuss ways to strengthen the 
operations of the KJC, establish parity in treatment of judges, and 
otherwise standardize practices.  Specifically, representatives will 
discuss the salaries of the KJC judges, the benefits they receive, 
 
BAGHDAD 00001414  002 OF 002 
 
 
and implementation of regional regulations to produce statistics to 
share with the federal government. 
 
¶8.  COMMENT:  Formation of the Committee is a very positive 
development in the HJC-KJC relationship. It has the potential to 
draw attention to issues requiring coordination, provides a forum 
for the discussion and resolution of any future points of 
contention, and may generate much-needed legislation, regulations, 
and/or constitutional amendments that would further clarify the 
relationship between the HJC and KJC. 
 
Hill