US embassy cable - 05AMMAN9295

C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 009295 
 
SIPDIS 
 
DEPT. ALSO FOR PRM, L AND S/CT 
GENEVA FOR RMA 
 
E.O. 12958: DECL: 11/29/2015 
TAGS: PHUM, KJUS, PGOV, PINS, MOPS, IZ, JO 
SUBJECT: DETAINEE ABUSE: ICRC ON DETENTION FACILITY ACCESS, 
SADDAM 
 
REF: BAGHDAD 4672 AND PREVIOUS 
 
Classified By: DCM Daniel Rubinstein for reasons 1.4 (b) and (d). 
 
1. (C)  SUMMARY: The International Committee of the Red Cross 
(ICRC)'s Iraq mission (based in Amman) plans to seek access 
to Iraqi detention facilities as well as non-permanent places 
of detention under MNF-I control over the next three weeks. 
Iraq ICRC Head of Delegation Karl Mattli told visiting PRM 
officials that ICRC Geneva had just authorized a return 
mission to Baghdad, tentatively scheduled for December 6-8, 
to launch negotiations with the GOI on an access MOU.  ICRC 
is also preparing to send a mission to Washington December 
12-17 to press for more access to detention facilities under 
MNF-I control, including Division Internment 
Facilities/Brigade Internment Facilities.  Mattli also told 
visiting PRM officials that ICRC lawyers are tracking the 
Saddam Hussein trial closely, and that internal ICRC 
procedures could force them to go public with their concerns 
over an alleged lack of fundamental judicial guarantees.  END 
SUMMARY. 
 
ICRC NEEDS AN MOU TO ACCESS IRAQI DETENTION FACILITIES 
--------------------------------------------- --------- 
 
2. (C) Karl Mattli, ICRC's new, Amman-based Iraq Delegation 
Head, told visiting PRM A/S Greene November 17 that Geneva 
had just approved a plan to "re-think ICRC's whole modus 
operandi in Iraq."  Mattli explained that ICRC would start 
scaling-back the humanitarian aid activities it resumed in 
Iraq earlier this month, such as its ongoing effort to 
deliver water to 1200 displaced families in Tal Afar and 
neighboring villages, to "acute emergencies" in order to 
focus on key protection issues, such as gaining access to 
Iraqi detention facilities.  Mattli explained that ICRC 
currently has no access to any detention facilities under 
Iraqi control because it has no agreement with the GOI; 
securing such an agreement was one of his top priorities. 
NOTE: ICRC signed two MOUs with the PUK and PKK in 1994 that 
gives it limited access to facilities in the north.  END 
NOTE.  In a subsequent November 27 telcon, Mattli informed 
refcoord that ICRC Geneva had just approved a joint ICRC 
Geneva/Iraq mission to Baghdad to start negotiating detention 
facility access with the GOI.  Mattli said ICRC hoped to send 
its next mission to Baghdad as soon as December 6. 
 
3. (C) Mattli added that ICRC was conducting interviews with 
new arrivals at MNF-I detention facilities to monitor 
treatment of detainees under MOI and Iraqi police control, 
and that these interviews suggested that abuse in Iraqi 
detention was widespread and often severe.  During a 
mid-October visit to the MNF-I facility in Bucca, for 
example, Mattli said that all 59 new arrivals his team 
interviewed reported problematic treatment.  Some cases 
showed evidence of serious abuse, including electric shock, 
rape and beatings.  Mattli said that ICRC was trying to 
expand its traditional military training to Iraqi line 
ministries in response.  In addition to maintaining the 
training in humanitarian law concepts that ICRC has been 
providing to Iraqi military officers (at the invitation of 
the Jordanian military), Mattli said his mission was 
unilaterally trying to launch a course for MOI officials. 
ICRC had successfully recruited Iraqi Ministry of Interior, 
Health and Justice officials to participate in an inaugural 
seminar scheduled to take place in Amman this month, but he 
noted that there were still critical gaps, particularly lack 
of participation by the Iraqi police forces. 
 
ICRC TO PRESS FOR NON-PERMANENT FACILITY ACCESS 
--------------------------------------------- -- 
 
4. (C) While noting that recent ICRC discussions with the 
U.S. military on detention conditions at MNF-I facilities 
were "highly constructive," and that ICRC has no serious 
concerns about detainee treatment in the permanent MNF-I 
facilities it regularly visits, Mattli underscored ICRC's 
concern that it still lacks access to non-permanent 
facilities under U.S. control.  He expressed particular 
concern that an MNF-I website page describing detention 
procedures was updated on September 5 
(www.mnf-iraq/com/tf134/humane.htm) with an inaccurate claim 
that ICRC has "open access to all detention facilities, 
including Division Internment Facilities/Brigade Internment 
Facilities."  Mattli said ICRC plans to request access to 
non-permanent detention facilities under U.S. control in 
Washington next month, noting that ICRC has tentatively 
scheduled that mission to take place December 12-17. 
 
SADDAM HUSSEIN TRIAL: ICRC MAY GO PUBLIC WITH CONCERNS 
--------------------------------------------- --------- 
 
5. (C) Turning to other issues of concern to ICRC, Mattli 
revealed that ICRC lawyers following the trial of Saddam 
Hussein have concerns that fundamental judicial guarantees 
are not being respected.  Mattli said that ICRC procedures, 
particularly in cases involving the death penalty, would 
require ICRC to take an active, possibly even a public, 
position. 
 
6. (U) Acting PRM A/S Greene and Embassy Baghdad cleared this 
message. 
HALE