US embassy cable - 05BAGHDAD4857

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 004857 
 
SIPDIS 
 
E.O. 12958: DECL: 12/04/2015 
TAGS: PNAT, PGOV, PTER, KDEM, IZ, Ba'ath, Elections 
SUBJECT: ELECTORAL COMMISSIONERS TALK DE-BA'ATH 
 
REF: BAGHDAD 4722 
 
Classified By: POLITICAL COUNSELOR ROBERT S. FORD FOR 
REASONS 1.4 (B) AND (D). 
 
1. (C) Summary. A total of 181 candidate names have been 
included by the De-Ba'athification Commission in lists sent 
to the Independent Electoral Commission of Iraq (IECI).  So 
far, 24 of these candidates have been withdrawn from the 
lists either by themselves or their parties.  IECI 
Commissioners are troubled about next steps and are under 
tight time pressures to make a decision by December 8. 
Poloffs continue to voice strong concerns to Commissioners 
about the politicization and lack of evidence associated with 
the de-Ba'athification lists. The strongest proponent for 
disqualifying candidates is IECI Chief Electoral Officer Adil 
Allami. Other members appear conflicted, but unwilling to 
rule out disqualifying candidates. End Summary. 
 
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181 IDENTIFIED, 24 WITHDRAW 
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2. (C) As of December 4, the de-Ba'athification Commission 
has identified 181 candidate names as being subject to the 
de-Ba'ath process. No further names are expected to be added. 
 The IECI has notified the affected parties that the 
de-Ba'athification Commission has identified these names 
(reftel).  24 candidates have been withdrawn either by 
themselves or by their parties and replaced with other names. 
 
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COMMISSIONERS DIVIDED ON NEXT STEPS 
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3. (C) Poloffs have repeatedly engaged IECI Commissioners, 
including both the Iraqi members and International 
Commissioner Craig Jenness, on this issue (septel).  Several 
IECI Commissioners claim to be conflicted as to how they will 
respond to the de-Ba'athification issue. IECI Chairman Izadin 
Al-Mohamady, a Sunni Turcoman from Kirkuk, told Poloffs 
December 2 that, although he believed the de-Ba'athification 
Commission was using this list as a political tool, he did 
not believe the IECI could extricate itself from its legal 
obligations to disqualify candidates.  Commissioner Safwat 
Sidqi expressed similar concerns later that evening.  Sidqi, 
who is a Sunni Kurd and lawyer by training, said that legally 
he felt that his hands were tied.  Politically, he added, the 
de-Ba'athification issue was like a "hot potato" that had 
been thrown at the IECI, and was causing him much angst. 
(Note: in a 
later more confidential conversation, Sidqi told US and UK 
Poloffs that he had sent a letter to TNA members suggesting 
the matter be passed to the Council of Representatives. End 
Note.)  Commissioner Abdulhussein Al-Hindawi told Poloff 
December 3 that he was unsure of the IECI's next step. He 
appeared troubled by the upcoming decision that the IECI 
would have to make, but was unwilling to commit himself to a 
position. 
 
4. (C) In contrast, Chief Electoral Officer Adil Allami, an 
Arab Shiite and non-voting member of the IECI Board, told 
Poloff that he was a proponent of disqualifying candidates, 
especially if the candidate does not contest the 
De-Ba'athification charges within the three-day period 
allotted by the IECI (reftel).  As the operations officer, he 
is concerned with coming to a resolution in time so that 
candidate lists may be published by December 8. 
 
5. (C) The remaining four Commissioners are traveling to OCV 
sites. The most avid Commissioner against de-listing 
candidates is IECI spokesman Dr. Farid Ayar, currently 
visiting London OCV operations. Dr. Ayar told Poloff on 
November 20 that the IECI would never de-list candidates and 
that he would vehemently oppose such an action. In a November 
28 interview with the Al-Malaf website, Ayar re-affirmed that 
the IECI would not delist candidates on De'Ba'athification 
grounds. (Note: Ayar is perceived as somewhat of a loose 
cannon in that he is known give his opinions about a topic 
even if they run contrary to Board decisions. End note.) 
 
6. (C) COMMENT. With the deadline approaching for publishing 
candidate names, the Board will be unable to further delay a 
decision.  They most likely will make a decision by Tuesday, 
December 6. Despite having conflicted feelings about this 
issue and acknowledging concerns raised by Poloffs, many IECI 
Commissioners feel bound by their understanding of election 
law to seriously consider candidate disqualification. 
Without the overpowering influence of Dr. Ayar, the 
Commissioners will most likely be influenced by Adil Allami 
who is not conflicted about De-Ba'athification and is driven 
by operational concerns.  Although a non-voting member of the 
Board, Adil is a vocal and persuasive member.  He is also the 
Chief of Operations and has the ability and political will to 
instruct his staff handling the candidate lists on how to 
proceed.  END COMMENT. 
KHALILZAD