US embassy cable - 05BAGHDAD3932

S E C R E T SECTION 01 OF 02 BAGHDAD 003932 
 
SIPDIS 
 
E.O. 12958: DECL: 09/22/2015 
TAGS: PGOV, PHUM, KJUS, PREL, XF, IZ, Detainees 
SUBJECT: APPROACHING THE 18-MONTH THRESHOLD FOR DETAINEES 
IN IRAQ 
 
REF: NEA/I PM CLASSIFIED O-I FOR 09/16/05 
 
Classified By: DEPUTY CHIEF OF MISSION DAVID M. SATTERFIELD FOR REASONS 
 1.4 (b), (c), AND (d). 
 
1. (C) SUMMARY.  The internment of certain individuals 
involved with insurgent and terrorist operations in Iraq will 
begin to exceed 18 months at the start of 2006.  Coalition 
Provisional Authority (CPA) Memorandum No. 3 established an 
18-month threshold for holding detainees, after which a 
detainee held for security reasons must be released, 
transferred to the GOI for prosecution, or referred to the 
Joint Detention Committee for approval to intern the 
individual for longer than 18 months.  Post and Task 
Force-134 (TF-134) have been discussing the 18-month limit to 
develop a firm plan that will not negatively affect security 
conditions in Iraq.  END SUMMARY. 
 
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LEGAL BASIS 
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2. (S) Section 6 of CPA Memorandum No. 3 (Revised) states 
that individuals detained for security reasons after 6/30/04 
may be detained for a maximum of 18 months; after that they 
must be released, transferred to the GOI for prosecution, or 
referred to a Joint Detention Committee (JDC).  The JDC 
co-chairs must jointly concur within two months of the end of 
the 18-month term whether to continue detainment or release 
the individual.  The Coalition and the GOI adhere to 
Memorandum No. 3 by conducting Combined Review and Release 
Boards (CRRBs).  Each detainee is reviewed by a CRRB every 
90-180 days, and approximately 40 percent of detainee cases 
brought before the Board are recommended for release. 
 
3. (SBU) CPA Order No. 99 outlines the structure of the JDC. 
The co-chairs are to be the Iraqi Prime Minister (PM) and the 
MNF-I Commanding General.  Other prominent members are the 
Ambassadors from the U.S. and the U.K.  Further 
representation is required from the Iraqi ministries and 
MNF-I. 
 
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NUMBERS 
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4. (SBU) The earliest date that any action would have to be 
taken for security detainees is December 28, 2005, by which 
time the JDC would need to have met to receive applications 
to continue holding individuals beyond 18 months. 
 
5. (S) TF-134 tracks the number of security detainees and 
when each will reach the 18-month threshold.  The number of 
detainees who will reach the threshold during the first seven 
months of 2006 are as follows: 
 
-January (146) 
-February (182) 
-March (233) 
-April (388) 
-May (643) 
-June (651) 
-July (958) 
 
MNF-I is preparing cases on a number of these detainees for 
the Central Criminal Court of Iraq (CCCI).  (NOTE: The higher 
number of detainees reaching the threshold in July 2007 is 
due to the large number of internments in the run-up to the 
January 2005 elections, 18 months prior.  END NOTE.) 
 
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DEVELOPING A PLAN 
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6. (S) Post and TF-134 have been working to find a suitable 
Iraqi interlocutor for detention issues.  This interlocutor 
needs sufficient authority within the Iraqi Transitional 
Government (ITG) to deal with a broad range of detention 
issues, including transfer of detention operations, release 
of High-Value Detainees (HVDs), increased cooperation in 
finding evidence of criminal wrongdoing by those currently 
held, and the 18-month term limit.  The PM's initial 
appointee was Sharwan al-Waely.  Efforts to form a 
constructive relationship with al-Waely proved unsatisfactory. 
 
7. (S) In July 2005, Post and the PM agreed to form the 
Iraq-U.S. Detainee Working Group (DWG).  The PM named Dr. 
Safa al-Safi, Minister of State for Transitional National 
Assembly (TNA) Affairs, as the Iraqi Co-Chair of the DWG. 
TF-134 Commanding General and the Embassy Legal Advisor are 
the U.S. Co-Chairs for the DWG.  Post considers the DWG the 
entity that will serve as the operational and administrative 
arm of the JDC if approval to hold security detainees beyond 
18 months becomes necessary.  The DWG will coordinate the 
applications bilaterally prior to their presentation to the 
JDC for action.  This coordination will be part of a broad 
effort to fully engage the ITG on the issue of transferring 
detention operations. 
 
8. (S) Steps also are underway to attempt to reduce the 
detainee population approaching the 18-month threshold. 
TF-134 is engaging the Iraqi Ministry of the Interior (MOI) 
in an effort to find additional evidence that would allow 
criminal prosecution of more security internees.  This effort 
prioritizes detainees who have been held the longest.  TF-134 
also reviews every detainee's file to determine whether there 
is sufficient admissible evidence to successfully prosecute 
the detainee at the CCCI.  Cases that are 15 months or older 
receive priority.  Upon conviction, detainees are transferred 
to Iraqi custody.  Further, Post and MNF-I are pushing to 
release significant numbers of security internees as part of 
an outreach effort.  This release effort is complicated, 
however, because previous CRRBs and improved detainee 
screening by MNF-I operational components have resulted in a 
relatively homogeneous, high-risk detainee population. 
 
9.  (U) Finally, Post and TF-134 continue to engage the ITG 
on the issue of transferring detention operations and 
building a broader rule of law capacity.  These efforts will 
address investigative and court capacity (to bring before the 
courts more cases of those being held as security internees), 
prison capacity (to transfer those who are convicted to Iraqi 
physical custody), and capacity to take over MNF-I detention 
facilities once Iraq is in a position to assume 
responsibility for security detentions. 
Khalilzad