US embassy cable - 05BAGHDAD4403

C O N F I D E N T I A L BAGHDAD 004403 
 
SIPDIS 
 
E.O. 12958: DECL: 10/25/2015 
TAGS: KJUS, PGOV, PREL, PTER, IZ, TU 
SUBJECT: IRAQI MOJ REQUESTS VISIT FROM TURKISH JUDGE 
 
 
Classified By: Classified by David C. Litt, Political- 
Military Affairs Counselor, for Reasons 1.4 (b) and (d) 
 
1.  (C) Post and Coalition Forces continue to work 
with Iraqi authorities to expedite the extradition to 
Turkey of Sadettin Akdas and Burhan Kus.  The ITG is 
itself unclear as to the correct procedures for the 
processing of extradition requests, and much effort 
has been expended on both sides in clarifying Iraqi 
procedures and attempting to bring the ITG to internal 
consensus on the way ahead. 
 
2.  (C) Both men have been convicted in Iraqi court 
for crimes involving illegal entry, are in Iraqi legal 
custody, and appear to be available for extradition 
under the terms of the existing Iraqi-Turkish 
extradition treaty.  MNF-I has retained physical 
custody of both to ensure that no delay or 
complication will arise should the request be approved 
and extradition to Turkey be granted. 
 
3.  (C) On October 25th, MNF-I was informed by the 
Iraqi Minister of Justice that a visit to the Iraqi 
Attorney General by a Turkish judge able to explain 
the charges against Mr. Akdas and Mr. Kus would 
expedite their extradition.  We are working to 
identify the Attorney General, whose existence was 
previously unknown even to some Iraqis working in this 
field. 
 
4.  (SBU) Post is not in a position to verify the MOJ's 
belief that the proposed visit would expedite 
extradition, as the written extradition procedures to 
which we are privy provide no formal role for the 
Iraqi Attorney General in this process.  We pass on 
the MOJ's invitation regardless, for the consideration 
of Embassy Ankara and the GOT. 
 
5.  (SBU) (Note: in our understanding, the Iraqi 
extradition process contemplates a request to the MFA, 
which should transfer the request to the MOJ, which 
should pass the extradition package to a Court of 
Felony for it to consider, and decide whether to 
recommend extradition.  As in U.S. practice, the Iraqi 
MFA, in consultation with the MOJ, can deny 
extradition even when a court has authorized it.) 
Satterfield