US embassy cable - 05BAGHDAD4804

C O N F I D E N T I A L BAGHDAD 004804 
 
SIPDIS 
 
E.O. 12958: DECL: 11/30/2015 
TAGS: PNAT, PGOV, PTER, KDEM, IZ, Elections, Ba'ath 
SUBJECT: PUSHING BACK ON DE-BA'ATHIFICATION COMMISSION 
PRESSURE ON THE IECI 
 
REF: BAGHDAD 4722 
 
Classified By: Ambassador Zalmay Khalilzad for reasons 
1.4 (B) and (D). 
 
1. (C) SUMMARY: The de-Ba'athification Commission 
(DBC) continues to submit names of election candidates 
for potential disqualification to the Independent 
Electoral Commission of Iraq (IECI).  The list 
comprises 117 names.  However, Deputy Prime Minister 
Chalabi agreed with the Ambassador November 30 that 
candidates named should be given the opportunity to 
respond and not automatically be removed from party 
lists.  Meanwhile, IECI International Commissioner 
Jenness plans to ask his Iraqi colleagues to tell the 
DBC to desist from sending additional lists of names. 
END SUMMARY. 
 
2. (C) In a November 29 meeting, Poloffs voiced strong 
concerns to DBC Director General Khaled Al-Shami 
regarding the names of election candidates that the 
DBC has submitted to the IECI (reftel).  Poloffs 
stressed the danger of the politicized, non- 
transparent use of the de-Ba'athification process, 
noting that the DBC has not supplied evidence to the 
IECI to support its "findings."  To date, the DBC has 
sent at least 117 names to the IECI for 
disqualification.  Al-Shami indicated that the DBC 
expects to submit more names in the coming days. 
 
3. (C) Al-Shami averred that the overwhelming majority 
of the DBC-identified candidates were high-ranking 
Ba'athist military officers during Saddam's regime. 
Poloffs rejoined that it is important that the process 
of identifying these persons be transparent and 
subject to a reliable appeals process.  Al-Shami added 
that the candidates represent virtually all parties 
participating in the election; however, he conceded 
that very few are from the Shia parties. He asserted 
that the DBC is nonetheless apolitical, 
contradictorily disclosing, however, that he is one of 
only two of the six directors general at the DBC not 
on a party candidate list. 
 
4. (C) On November 29, the Ambassador expressed his 
concern about the DBC action to Deputy Prime Minister 
Chalabi.  Chalabi agreed that candidates named by the 
DBC should not automatically be taken off the election 
lists.  The DBC's submission, he claimed, should be 
ICrlnd while continuing to appear 
on party or coalition lists.  According to Chalabi, 
apart from submitting names to the IECI, the DBC will 
not pursue further action. 
 
5. (C) The original letter sent by the DBC to the IECI 
noted that the candidates in question were covered by 
de-Ba'athification procedures (reftel).  In response 
to this letter, the IECI sent a letter to political 
parties notifying them that the DBC had identified 
specific candidates as persons covered by the de- 
Ba'athfication Law and asked for a reply within three 
days.  (NOTE:  The IECI alone has the authority to 
disqualify any of the candidates.  END NOTE.) 
 
6. (C) COMMENT:  In a November 30 conversation with 
Poloff, International Commissioner Jenness expressed 
dismay at the open-ended nature of the de- 
Ba'athification process.  He agreed that, at a 
minimum, he should ask the Iraqi IECI Commissioners to 
tell the DBC that further submissions would be 
inappropriate given the proximity of the election.  We 
will continue to follow up with Jenness, the IECI, and 
appropriate political leaders.  END COMMENT. 
KHALILZAD