Cablegate: Inl Baghdad January Highlights

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FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC 6502
INFO RUCNRAQ/IRAQ COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RUEKJCS/SECDEF WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RHMFISS/CDR USSOCOM MACDILL AFB FL
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUEKJCS/CJCS WASHINGTON DC
RUEKJCS/JOINT STAFF WASHDC
RHMFISS/COMJSOC FT BRAGG NC

UNCLAS SECTION 01 OF 02 BAGHDAD 000322

SIPDIS

DEPT FOR INL-I
JUSTICE FOR ODAG, OPDAT, ICITAP, CRM

SENSITIVE

TAGS: SNAR KCRM KJUS PGOV IZ

SUBJECT: INL Baghdad January Highlights

1. (SBU) Summary: INL Baghdad continues to see progress on its
Judicial and Law Enforcement Assistance (JALEA) programs and police
training transition efforts. The Police Transition Team (PTT)
completed an initial, detailed assessment of basing and staffing
options. JALEA's Iraq HJC Court Administration Project (IH-CAP)
graduated its first class of statistics trainers. With the
assistance of the INL-funded University of Utah program, the Higher
Judicial Council (HJC) subcommittee completed its review of the
Iraqi criminal procedure code. Continuing its efforts to support
the HJC in the wake of the October 25 headquarters bombing, INL has
donated 67 containerize housing units (CHU) for the temporary
administrative complex; 30 additional CHUs will be delivered
shortly. The Judicial Development Institute (JDI) is one step
closer to opening after the nomination of ten higher-level judges to
serve as adjunct trainers. INL Baghdad's Judicial Protection
Service (JPS) program graduated its first 14 Facilities Protection
Service officers following an inaugural course on screening
operations. End Summary.

Police Transition Planning Continues
------------------------------------
2. (SBU) The PTT continues planning for the 2011 transfer of the
police training mandate from the Department of Defense to the
Department of State. INL Baghdad has held regular meetings with
Mission and U.S. Military regarding possible hub sites in Baghdad,
Basrah and Erbil regarding location, budget, life support, medical
and personal security detail (PSD) contracts, and excess property.
The PTT has drafted a 56-page preliminary assessment and
recommendations for basing and staffing options for the proposed
hubs in Baghdad, Erbil, and Basrah.

3. (SBU) The PTT report recommends: placing INL advisors and
associate life support and security staff at Forward Operating Base
(FOB) Prosperity and Joint Security Station Shield in Baghdad;
partnering with the Kurdish Regional Government (KRG)to fund a base
of operations in Erbil; and collocating with the Provincial
Reconstruction Team (PRT) at Contingency Operating Station (COS)
Basrah. This would minimize costs and security threats while
maximizing the INL advisors' ability to serve the GOI project
beneficiaries.

HJC Graduates Statistics Trainers
---------------------------------
4. (SBU) With INL Baghdad support, the Iraqi Higher Judicial Council
(HJC) Statistics and Planning Department graduated its first class
of statistics instructors on January 24 following a four-day
train-the-trainer program. Held at the INL-sponsored Judicial
Development Institute (JDI), the instructor development course
served as a pilot for future programs at the facility with JDI staff
participating in the course to gain exposure to teaching
methodology. The HJC will hold a second class in March following
the HJC's nomination of senior judges who will serve as JDI
instructions and curriculum developers.

5. (SBU) Since 2008,INL Baghdad has worked with the HJC Statistics
and Planning Department to review its data collection process and to
create standardized, automated forms which will improve efficiency
and data accuracy. Previously, the HJC had various forms requiring
new transcription at every level. In addition, the new forms will
Qnew transcription at every level. In addition, the new forms will
allow for better data analysis. INL also worked with the HJC to
develop a statistical desk book for harmonizing the efforts of
national and provincial practitioners. Based on that experience,
the HJC independently drafted section procedures, standards, and a
definition section for its annual report.

6. (SBU) While the statistics course, procedures, and products
reflect patient INL capacity building efforts, the HJC has taken
ownership of the process and built upon the foundation to expand its
own standard operating procedures. The HJC has requested INL
assistance in developing similar products for case management, human
resources, budget and planning and the Judicial Security Department,
amongst others.

UU Completes Criminal Procedure Code Review
-------------------------------------------
7. (SBU) Following 40 meetings with HJC-appointed retired judges and
consultations with judicial investigators, investigative judges,
public prosecutors, trial judges, defense lawyers, and NGOs, the

BAGHDAD 00000322 002 OF 002

University of Utah-supported HJC sub-committee has completed its
review of the Iraqi criminal procedure code. The Iraqi-led group is
now refining its recommendations. The next step for the
sub-committee is now to shift from data gathering to presenting its
recommendations to a wider audience for input and revision.

8. (SBU) HJC Chief Justice Medhat praised the INL-sponsored UU
project, noting that it was the first to marry Iraqi technical legal
expertise with international advisors adding their knowledge of
comparative and international standards. This differs from the
prevailing practice of international advisors reviewing and drafting
recommendations for Iraqi legal reform with little to no Iraqi
expert involvement in the endeavor at the outset. Chief Justice
Medhat has instructed other international donors to adopt the INL/UU
model. Separately, the European Union Integrated Rule of Law
Mission for Iraq (EUJUST LEX) acknowledged the strength of the
INL/UU model at a January legislative reform conference in Brussels.

Support for HJC Temporary Administrative Complex
--------------------------------------------- ---
9. (SBU) INL Baghdad is continuing its support to the HJC in the
wake of the October 25 MOJ/HJC headquarters bombing. ICORs met with
HJC Director General Karima to affirm INL's donation of 67 CHUs to
support the temporary administrative complex. INL donated an
additional 11 CHUs to the MOJ.

Increasing Progress Made Toward JDI Opening
-------------------------------------------
10. (SBU) Reflecting INL's long term capacity building efforts,
JDI's Consultative Board has assumed the leadership role in
developing its own subject-matter experts and curriculum,
particularly related to Iraqi law. The Consultative Board has
nominated 10 high-level judges to serve as adjunct trainers. Once
approved, the judges will receive instructor development at JDI,
tentatively scheduled for March. To supplement Iraqi expertise, JDI
Director Judge Hanna has requested that INL provide additional
training to judicial investigators on domestic violence and honor
killings as well as programs already being developed in areas such
as terrorism, criminal investigations, and murder investigation.

11. (SBU) As a result of HJC's relocation to the new location at the
Central Criminal Court of Iraq (CCC-I) Karkh campus following the
October 25 joint MOJ/HJC headquarters bombing, JDI has housed the
displaced Task Force 134. This has delayed JDI campus finalization
efforts. Following the January closure of Forward Operating Base
(FOB) Falcon, INL coordinated the movement of 37 CHUs to the HJC
Administrative Complex adjacent to JDI for temporary use by the
court for its administration, and to provide space for the
processing of detention orders for suspected terrorists. INL
subsequently provided 30 more CHUs, for a total of 67. As well as
increasing the HJC's administrative capacity, the additional CHUs
will allow all of the JDI facility to return to its intended use as
a training facility.

JPS Offers First Security Training Course
-----------------------------------------
12. (SBU) INL's Judicial Protection Service (JPS) project graduated
14 Facilities Protection Service (FPS) officers following its first
Q14 Facilities Protection Service (FPS) officers following its first
training course entitled "Screening Operations" at the Rusafa
Justice Palace, December 21. JPS worked closely with the HJC to
develop the curriculum for the two-day course on vehicular and
personal searches and terrorism indicators.

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