US embassy cable - 05BAGHDAD4341

S E C R E T SECTION 01 OF 02 BAGHDAD 004341 
 
SIPDIS 
 
CIA PASS TO SPECIAL ASSISTANT TO THE DIRECTOR FOR WAR CRIMES 
 
E.O. 12958: DECL: 10/21/2015 
TAGS: PGOV, PHUM, KJUS, KCRM, KDEM, IZ, Saddam Hussein 
SUBJECT: SADDAM TRIAL DEFENSE COUNSEL KILLED 
 
Classified By: Charge d,Affaires David Satterfield for reasons 1.4 (b) 
and (d). 
 
1. (S) SUMMARY: Sa'adoun Sughaiyer al-Janabi, defense counsel 
for Awad Al-Bandar (Black Lister Number 84) was found dead at 
Firdos Mosque in the Ur section of Baghdad on 20 October 2005 
after his abduction the evening before.  According to 
preliminary reports from his son and wife, there were signs 
of torture.  He was shot four times: twice in the head and 
twice in the chest.  In response, Dr. Laith Kubba of the 
Office of the Prime Minister and Deputy Minister of Interior 
Ali Ghalib pledged the full support of the GOI as the Higher 
Criminal Court of Iraq (HCCI) continues to make appropriate 
security arrangements with defense counsel. END SUMMARY. 
 
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ATTORNEY ABDUCTED FROM HIS OFFICE 
--------------------------------- 
 
2. (S) Sa'adoun was kidnapped from his office in the Al-Wafa 
Building in Al Shab City in Baghdad at approximately 2000 
local time on Thursday, 20 October. 
 
3. (S) According to an Iraqi government official, shortly 
before the abduction, a blue Kia Sofia with a man wearing a 
blue suit and no tie was parked in front of Sa'adoun's 
office.  The man from the Kia then entered the office 
building.  Within 3-5 minutes, 20 gunmen (18 of whom were 
masked) drove up in two Toyota pick-up trucks, blocked the 
road, and threatened to shoot any passersby who interfered. 
Two unmasked gunmen -- one clean-shaven, one lightly bearded 
-- entered the building and reemerged with Sa'adoun, 
handcuffed. 
 
4. (S) An HCCI official and a Regime Crimes Liaison's Office 
(RCLO) consultant spoke with Sa'adoun's wife and two sons 
shortly after the abduction.  The older son, Salam, is a 
Major in the Ministry of Interior (MOI) Intelligence 
Department.  His immediate superior is Hassan Ali Kemal. 
Salam claims that the family does not have enemies but that 
he had received threats because of his work with the MOI. 
Salam said that the abduction took about ten to twelve 
minutes.  (NOTE: Salam got his information from a dentist who 
has a clinic in the Al-Wafa Building; the dentist called the 
family on Sa'adoun's phone, which had been left behind.  END 
NOTE.)  Salam received a call from his family and went with 
members of MOI Police to Sa'adoun's office, where they spoke 
to two people.  One was a client of Sa'adoun named Moyed 
(NFI), who lives near the office.  He said that the gunmen 
arrived in two Toyota pickup trucks, armed with AK-47s and 
Glocks.  Eight of the gunmen went into the law office, 
according to Moyed, and one of them had a limp.  Moyed added 
that one of the gunmen whipped Sa'adoun with a pistol and put 
Sa'adoun (blindfolded) in one pickup and his briefcase in the 
other.  Salam said that nothing was taken from the office. 
 
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SA'ADOUN EXECUTED WITHIN 30 MINUTES OF ABDUCTION 
--------------------------------------------- -- 
 
5. (S) According to Salam, Sa'adoun's body was found at 2030 
on 20 October.  Salam reported that the corpse was found in a 
location "near where executed persons" have been found in the 
past.  Salam added that he believes Sa'adoun was killed by a 
"terrorist group." 
 
6. (S) On 21 October the body of Sa'adoun Al-Janabi was 
brought to the Forensic Medicine Institute. The people who 
brought the body said that it was found at the Firdos Mosque 
in the Ur neighborhood of Baghdad. (NOTE.  This is not the 
mosque in Firdos Square.  END NOTE.)  An HCCI official has 
told us that this mosque is known as a Wahhabi mosque.  The 
body had at least four bullet wounds, two in the head and two 
in the heart.  There were signs of torture, and the handcuffs 
were still on his wrists.  All of his papers and other 
personal effects were taken from him.  (NOTE.  This is 
information directly from the son and not corroborated at 
this point.  END NOTE.) 
 
---------------------- 
BACKGROUND ON SA'ADOUN 
---------------------- 
 
7. (S) Sa'adoun's home address is al-Maghrib Street, Lane 
306, House 16, Street 23, in the Al Adamiyah section of 
Baghdad, near the Khayal Hospital. 
 
8. (S) Sa'adoun, a Sunni, was the former mayor of Diyala. 
According to a GOI official, he was also a member of the 
Intelligence Office in Diyala and was a Branch Member of the 
Ba'ath Party.  He was co-counsel to Awad Hamed Al-Bandar. 
Al-Bandar's other attorney is Al-Bandar's own son, Badr Awad 
Hamed Al-Bandar.  Sa'adoun was the defense counsel chosen by 
the other defense attorneys to make a five-minute 
presentation of the defense objections.  During the trial he 
was sitting in the front row of defense counsel in the seat 
closest to the judges.  He had agreed that his face could 
appear on camera. 
 
--------------------------------------------- ---- 
HCCI, GOI, AND RCLO CONTACT WITH COUNSEL'S FAMILY 
--------------------------------------------- ---- 
 
9. (S) Several RCLO personnel have remained in contact with 
Sa'adoun's wife and son since the abduction and killing. 
Both the Regime Crimes Liaison (RCL) and Ali Shaker, the HCCI 
Administrator, have spoken personally with Sa'adoun's son, 
Salam, expressing sympathies of the USG and the HCCI. 
10. (S) On 21 October, Dr. Laith Kubba of the Office of the 
Prime Minister spoke directly with Salam to express his 
condolences and pledge the full support of the GOI. 
-------------------------- 
HCCI, GOI, AND RCLO RESPONSE 
-------------------------- 
 
11. (S) The HCCI and the GOI have agreed to take a number of 
actions urged by RCLO. According to Kubba, the GOI will issue 
a press release stating that it condemns the killing and 
pledging increased security for all HCCI participants.  Kubba 
stated to the RCL that the GOI is standing by to assist with 
security measures as the HCCI contacts defense counsel to 
determine their preferences. 
 
12. (S) According to Ali Shaker, the HCCI also will issue a 
statement condemning the killing and emphasizing the crucial 
role played by defense counsel. 
 
13. (S) At a meeting attended by Ali Shaker and the RCL, 
Deputy Minister of Interior Ali Ghalib stated, correctly, 
that the defense counsel had not asked the MOI or the HCCI 
for protection and that Sa'adoun had not taken steps to 
protect himself.  Ali Ghalib pledged the full support of MOI 
to protect defense counsel.  He said that MOI would provide 
security for defense counsel homes and would provide 
transportation, as requested. 
 
14. (S) Ali Shaker told Ali Ghalib that the HCCI would 
contact each defense attorney and determine whether the 
attorney would accept MOI protection. 
 
15. (S) With respect to the planned Sunday, 23 October HCCI 
proceeding involving the interview of a witness, the HCCI 
stated that it will provide additional security for defense 
counsel and the hearing will proceed. 
Satterfield