US embassy cable - 05BAGHDAD2383

C O N F I D E N T I A L SECTION 01 OF 03 BAGHDAD 002383 
 
SIPDIS 
 
E.O. 12958: DECL: 06/02/2015 
TAGS: MOPS, PHUM, PINS, PTER, XF, Human Rights, Security 
SUBJECT: US FORCES IN BAGHDAD IMPLEMENT LARGE-SCALE HUMAN 
RIGHTS INITIATIVES 
 
REF: SECSTATE 99939 
 
Classified By: Classified by Political-Military Counselor 
Ronald E. Neumann for Reasons 1.4 (b) and (d) 
 
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SUMMARY 
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1.  (SBU) The U.S. Army's Third Infantry Division (3ID) is 
running a comprehensive program of practical rule-of-law 
initiatives to train, monitor, and encourage human rights 
practices amongst its Iraqi Security Force (ISF) partners 
in Baghdad (a program list is provided in para 8).  Both 
Post and MNF-I have commenced work with various partners in 
the Iraqi Transitional Government (ITG) to establish the 
legal bases of existing and future ISF detentions. We have 
found ITG officials eager to deconflict currently 
contentious and ambiguous detention authorities and ensure 
that clear lines of accountability exist. 
 
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BACKGROUND 
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2.  (SBU) Recent international criticism of ISF human 
rights practices has alleged violations in two primary 
areas: first, physical abuse - ranging from overcrowding to 
repeated beatings and torture - of individuals detained by 
Iraqi MoD and MoI security forces, and secondly, the large- 
scale practice of detention without appropriate judicial 
oversight. 
 
3.  (SBU) (Note: Under the Transitional Administrative Law 
(TAL), Iraqi Police (IPS) reporting to MoI are authorized 
to "detain" individuals post-arrest, but are normally 
required to bring the detainee before an investigative 
judge within 24 hours; the TAL does not provide either 
Iraqi Army and National Guard troops reporting to MoD or 
Iraqi Police reporting to MOI a right of extra-judicial 
detention similar to that enjoyed by the Coalition under 
the terms of UNSCR 1546, although it can be argued that 
the TAL may permit a form of security detention subject 
to judicial review.) 
 
4.  (U) 3ID has recorded 57 allegations of physical abuse 
of civilians in ISF custody since it arrived in Baghdad on 
February 27, 2005, and has substantiated 27 reports through 
the physical examination of detainees. In response, the 
division has designed and staffed a large-scale rule of law 
initiative, described in para 8 below, aimed at training 
and monitoring good human rights practice in ISF facilities 
across Baghdad. 
 
5.  (SBU) At the same time, various ITG ministries are 
examining ways to establish clear legal authorities for the 
temporary ISF detentions necessitated by the growing and 
increasingly independent Iraqi role in fighting the 
insurgency.  Iraqi officials have expressed keen interest 
in "normalizing" the current ISF detention situation, in 
which military imperatives and civilian criminal codes met 
imperfectly 
Post plans to enagage in this dialogue, as 
requested in Reftel. 
 
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COALITION MONITORING OF ISF ABUSE 
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6.  (U) All MNF-I units in the field are instructed to take 
all necessary action to stop or prevent any observed or 
suspected physical or mental abuse (defined as "any 
physical or mental abuse that poses a threat of serious 
injury or death"), and to report incidents rapidly up the 
chain of Coalition command.  These are then reported by 
formal letter from the Commanding General, MNF-I to the 
relevant Iraqi Minister (Interior or Defense). 
 
7.  (U) In Baghdad, 3ID offers detainees alleging abuse by 
ISF an extensive medical examination.  Abuse allegations 
are investigated by a 3ID Commander's Inquiry;  the 3ID 
Chief Counsel, Detainee Operations (CCDO), maintains a 
database on investigation results, which are reported 
monthly to the 3ID division commander.  When abuse 
allegations are substantiated after investigation, 3ID 
engages ISF unit commanders and presses them to cease 
abusive practices. 
 
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3ID TRAINING INITIATIVES IN BAGHDAD 
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8.  (U) Currently, 3ID units reinforce human rights 
training with programs designed to help inexperienced ISF 
officers institute protocols and procedures that meet 
internationally-accepted human rights standards: 
 
OPERATION EN-SANIA (Humanity), managed in conjunction with 
the Iraqi Bar and Baghdad Law School, acquaints Iraqi Armed 
Forces (IAF) personnel with human rights principles, 
encourages senior IAF leadership to prioritize the 
protection of prisoners, and provides practical training to 
individual Iraqi interrogators and guards.  Training has 
been provided for over 80 interrogators and facility 
personnel; 3ID intends to extend this training to the Iraqi 
Police Service. 
 
OPERATION HAMMURABI II aims to strengthen the Iraqi court 
and police systems by training Iraqi Security Forces in 
non-coercive investigation procedures. 
 
THE PROVOST MARSHALL'S OFFICE TRAINING PROGRAM, a 40-hour 
course focused on the 1st Iraqi Army Brigade (1/6 IA), 
teaches basic military detention facility operations with 
an emphasis on professionalism and proper treatment of 
prisoners. 
 
JUDGE ADVOCATE (JA) TRAINING puts 3ID JAs together with 
their ISF counterparts to train new recruits in human 
rights practices. 
 
THE INFORMATION OUTREACH CAMPAIGN encourages reliance upon 
the Iraqi judicial system as a guardian of human rights. 
3ID distributes a booklet, "Principles of Human Rights," 
and other human rights training material to the Iraqi Army 
and Police.   The campaign also uses TV and radio to 
promote the Iraqi judicial system as the single legitimate 
means of prosecuting insurgents.  A local radio show, "The 
Citizen and the Law," will also promote the rule of law by 
answering ordinary Iraqis' legal questions. 
 
ADVANCING THE RULE OF LAW THROUGH THE MiTT TEAMS:  3ID 
gives all ISF recruits a packet of basic legal instruction 
on the laws of war, the rules of engagement, and human 
rights.  A Military Training Team (MiTTs) JA works with 
the 6th IA Division JAG and other command staff to emphasize 
prisoner protections and the rule of law.  3ID is also using 
its MiTTs to institute ISF reporting and investigation of 
incidents of abuse. 
 
GUIDANCE IN THE DEVELOPMENT OF DETENTION OPERATIONS: 3ID is 
urging 1/6 IA towards acceptance of a Model Apprehension 
and Detention Standard Operating Procedures (SOP).  The 
SOPs provide for the humane treatment of all prisoners, 
quick and effective processing from point of capture until 
eventual incarceration, and detailed guidance on detention 
operations. 
 
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ESTABLISHMENT OF LEGAL AUTHORITIES 
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9.  (SBU) The ITG has expressed increasing awareness that 
the growing Iraqi role in conducting military operations 
has strained its current legal and physical capacity for 
detention. Increasingly, Iraqi military forces retain 
custody of prisoners arrested during kinetic operations 
because Iraqi Police holding cells are full; IPS, in turn, 
complain that intimidation and weak court infrastructure 
make it hard to locate investigative judges with the 
authority to issue detention orders. 
 
10.  (SBU) The ITG is showing growing interest in practical 
initiatives to increase correctional and judicial capacity. 
The Minister of Interior has recently requested Coalition 
assistance in procuring additional temporary holding cells; 
the Iraqi Army is working with 3ID and the Central Criminal 
Court of Iraq (CCCI) to bring investigative judges directly 
to MoD holding facilities to conduct hearings. 
 
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COMMENT 
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11.  (C) The security mechanisms of intimidation, abuse, 
and disregard for independent judicial authority 
established under the former regime have shaped the basic 
worldview of millions of Iraqis, including members of the 
current ISF.  We will see more allegations of abuse 
committed by ISF, and expect the number of incident 
reports to rise with the deployment of MiTTs armed with 
stringent reporting requirements to ISF units. 
 
12.  (C) However, the care and energy put by 3ID and other 
MNF-I components into practical human rights training and 
monitoring programs gives cause for hope, as does the 
interest of the ITG in establishing a clear legal basis for 
ISF detentions. Post and MNF-I intend to work these two 
critical elements of good rule-of-law practice in tandem, 
and will provide regular updated reporting on ISF and ITG 
progress. 
Satterfield