The Report
of the Iraq Inquiry
1141.
Militia
influence and intimidation remained “a grave threat”; 23 judges had
been
killed in
the past three years and “many more” had been kidnapped or
threatened.
Security
measures were being provided to the judiciary and other measures
were being
installed
at courthouses. FPS had proved “ineffective”, having been
infiltrated by militias.
1142.
The FCO paper
sent by Mr Siddiq was provided to members of DOP(I) for
their
meeting on
8 March.1076
It stated
that there were issues related to judicial capacity,
security, a
backlog of cases (with between 7,500 and 12,500 detainees being
held
pre‑trial
by the Iraqi authorities) and governmental interference. It made a
series
of
recommendations, including those mentioned in the Better Basra Mark
III plan
(described
later in this Section). Other recommendations
included:
•
making it
clear that governmental interference was not acceptable (when
there
is evidence
of it having occurred);
•
a visit to
Baghdad by Lord Goldsmith to emphasise the importance of
the
Rule of Law;
•
EU and UN
action to support the principles of the Rule of Law and
judicial
independence;
and
•
the
provision of security to judicial officials and
witnesses.
1143.
In discussion
at DOP(I) it was suggested that the UK should:
•
find ways
to address as a matter of urgency the large numbers of
detainees;
•
take
advantage of being able to act under the UNSCR mandate while it was
still
in
place;
•
consider
what assistance the UK could give to the Rule of Law Green
Zone1077
initiative;
and
•
increase
efforts on the Rule of Law and police reform in
Basra.1078
1144.
A Report to
Congress on 2 March referred to the US‑funded “criminal
justice
complexes”
which comprised a courthouse, detention facilities, forensic labs
and judicial
housing
within the same secure perimeter.1079
The first
complex was to be developed at
Rusafa in
Baghdad.
1145.
The following
day, Mr Asquith recorded a request from Gen Petraeus for
a UK
military/government
lawyer and a criminal investigator to assist in the Rule of
Law
1076
Paper
British Embassy and IPU, 6 March 2007, ‘The Iraqi Judicial
System’.
1077
The Rule of
Law Green Zone was a relatively safe area for justice actors (such
as judges and
prosecutors)
to carry out their functions.
1078
Minutes, 9
March 2007, DOP(I) meeting.
1079
Report to
Congress, 2 March 2007, Measuring
Stability and Security in Iraq.
1080
eGram
9559/07 Baghdad to FCO London, 8 March 2007, ‘Iraq: Weekly
Assessment’.
322