VZCZCXRO1777
OO RUEHBC RUEHDA RUEHDH RUEHKUK
DE RUEHGB #0035/01 0061529
ZNR UUUUU ZZH
O 061529Z JAN 10
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6024
INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEKJCS/CJCS WASHINGTON DC PRIORITY
RUEKJCS/JOINT STAFF WASHDC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHMFIUU/CDR USCENTCOM MACDILL AFB FL PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 BAGHDAD 000035 
 
SENSITIVE 
SIPDIS 
 
JUSTICE FOR ODAG, CRM, OPDAT, ICITAP 
STATE FOR INL/I, NEA/I 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KJUS KCRM IZ
SUBJECT: IRAQI CRIMINAL EVIDENCE WORKSHOP PROMOTES USE OF 
FORENSIC EVIDENCE 
 
¶1. (SBU) SUMMARY: On December 24, 2009, the Iraqi Higher 
Judicial Council (HJC) hosted a successful one-day workshop 
on using medical and scientific evidence within Iraqi law to 
more effectively investigate crimes while maintaining the 
rights and liberties of Iraqi citizens.  Prime Minister Nouri 
Al Maliki emphasized his support for a strong and independent 
judiciary and HJC in his public remarks.  Our support to this 
workshop sought to help criminal courts rely on forensic 
evidence when appropriate, and not only confessions. END 
SUMMARY. 
 
Despite Bombings, HJC Forges Ahead 
---------------------------------- 
 
¶2. (SBU) On October 25, 2009 a terrorist bombing dislocated 
the Higher Judicial Council from its headquarters, and on 
December 8 the HJC was again targeted by a car bomb at the Al 
Karkh Appeals Court.  Less than a month later ) on December 
24, 2009 ) the HJC demonstrated its resilience by hosting a 
successful one-day workshop on using medical and scientific 
evidence within Iraqi law to more effectively investigate 
crimes, while maintaining the rights and liberties of Iraqi 
citizens. 
 
¶3. (SBU) Prime Minister Nouri Al-Maliki, Deputy Minister of 
Interior Ayden Khaled, representatives of the Ministry of 
Health (which exploits medical evidence in Iraq), dozens of 
senior judges and investigators from the HJC, and civil 
society institutions such as the Iraqi Jurists Union 
participated in the program.  Attending the event as invited 
guests were the Charge d,Affaires, MNF-I Commanding General, 
Australian Ambassador, and the UK Deputy Ambassador.  The 
Charge d,Affaires gave opening remarks at the workshop which 
underscored the importance of forensic evidence in the 
criminal justice system and praised GOI leadership of the 
effort 
 
¶4. (SBU) The workshop is part of a much broader budding 
renaissance in the use of medical and scientific evidence in 
Iraq.  The program is a key first step in a comprehensive 
plan to inform judges and judicial investigators about the 
utility of forensic evidence in court and showcase the 
capabilities of ministries, including Interior and Health, to 
assist the judiciary with analysis of scientific and medical 
evidence. 
 
PM Expresses Strong Support for Judiciary 
----------------------------------------- 
 
¶5. (SBU) In remarks delivered at the opening of the program 
and carried live on the government-sponsored Baghdad 
Al-Iraqiyah television station, Prime Minister Maliki 
promised to support justice in whatever it needs, and 
expressed hope that all government ministries would provide 
support needed by justice, the judges, and the judicial 
institutions, including a suitable place, protection, and 
support and services.  Maliki stressed how important an 
independent judiciary is to building a state governed by law. 
(COMMENT: Maliki,s remarks were widely covered by print and 
television media, and the content of his speech is very clear 
in supporting the HJC,s specific needs as an institution. 
END COMMENT) 
 
MOI, MOH Officials Provide Technical Expertise 
--------------------------------------------- - 
 
¶6. (SBU) Deputy Minister of Interior Ayden Khaled presented a 
lecture on Criminal Evidence, which included overviews of 
crime scene investigation, ballistics, fingerprints, 
Qcrime scene investigation, ballistics, fingerprints, 
documents, and trace evidence.  Deputy Minister Ayden also 
pointed out during his presentation that part of the problem 
with evidence collection in Iraq is that the Iraqi Army often 
responds to crime scenes before the Iraqi Police and 
contaminates evidence.  He also stated clearly that all 
investigations in Iraq are under the authority of the HJC, 
and when investigators ignore this fact evidence is lost and 
conviction is less likely. 
 
¶7. (SBU) Ministry of Health (MOH) Medical Legal Institute 
General Director Dr. Munjed Salah Aldeen followed Deputy 
Minister of Interior Ayden,s presentation with a lecture 
 
BAGHDAD 00000035  002 OF 002 
 
 
specifically discussing forensic, or medical, evidence such 
as DNA and autopsy.  (NOTE: the MOH Medical Legal Institute 
is the only facility in Iraq which currently has the capacity 
to analyze DNA. END NOTE) The MOH scientists presented a 
polished lecture that explained how forensic science can be 
helpful to judges, and placed the work of the Medical Legal 
Institute in the context of the history of forensic evidence 
in Iraq.  The presence of the MOH also helped balance the 
perception that MOI stands alone in the field of modern 
evidence analysis. 
 
Comment 
------- 
 
¶8. (SBU) The workshop was a success for the HJC and Chief 
Justice Medhat Al Mahmoud on several levels.  First, the HJC 
led the event, though the US, UK, and Australia gave 
financial and mentoring support.  Second, a better 
understanding of forensics will be a tool employed by the 
Chief Justice to strengthen the judiciary.  Some judges have 
shown reluctance to make full use of forensic evidence to 
date (even the Iraqi police could make better use of it). 
Third, the presence of the Prime Minister, senior 
international officials, and members of other ministries at 
the event provides legitimacy to the HJC and the issue of an 
independent judiciary, which the Chief Justice has promoted 
for some time.  Chief Justice Medhat,s convincing the Prime 
Minister, Deputy Minister of Interior, and senior officials 
from MOH, MOHR, and MOLSA to attend the program also boosted 
the HJC,s standing within the Iraqi government. 
FORD