R 011825Z FEB 06 FM AMEMBASSY BAGHDAD TO RUEHC/SECSTATE WASHDC 2431 UNCLAS BAGHDAD 000293 SUBJECT: UPDATE ON DETAINEE FACILITY INSPECTIONS

REF: 05 BAGHDAD 4921 1. (SBU) SUMMARY: The Iraqi Interagency Inspection Team (IIIT), created in response to the discovery of abuses at the Ministry of Interior's (MoI's) alJadriyah (Bunker) detention facility in November and supported by Multi-National Forces-Iraq (MNFI), has conducted four unannounced inspections of Iraqi detention facilities: two Baghdad MoI facilities, one Baghdad Ministry of Defense (MoD) facility, and an MoI facility in Tal Afar. All four sites had inadequate living conditions, health services, and legal access. Detainees interviewed from three of the four sites alleged and showed signs of physical abuse. At one site, MNF-I substantiated three reports of recent physical abuse. At another site, two-thirds of the detainees interviewed complained of past abuse and, of those seen, all showed scars consistent with being physically abused and tortured. Reports of briberyconnected releases were alleged at two facilities. Inadequate provision of food and water was noted at two of the four sites. The Iraqi and MNF-I participants have submitted to the Prime Minister's office separate reports on the four visits

detailing the findings and recommendations for follow-up actions. Copies also have been submitted to Minister of Defense Sadoun al-Dulaime and Minister of Interior Bayan Jabr. The next three inspections will take place over the next few weeks. END SUMMARY. -----------------------------------------------MoI Special Police Commando Detention Facility Baghdad -----------------------------------------------2. (SBU) On December 8, 2005, the IIIT conducted a surprise inspection of the Special Police Commando Detention facility in Baghdad (reftel). The facility held approximately 625 detainees in four large rooms and a courtyard. Forty-six of these detainees were actually MoD detainees who apparently had been transferred from a MoD facility. The facility had no records pertaining to these individuals and no one managing the facility knew why MoD detainees were transferred to this MoI facility. 3. (SBU) The detainees were held in grossly overcrowded rooms and exposed to extremely unsanitary conditions. The rooms were dark, damp and without functioning electricity. Detainees were forced to remain in these rooms for 23.5 hours per day. Deprived of light, most detainees had to cover their eyes from the sunlight when they exited their rooms for interviews with the IIIT representatives.

4. (SBU) Many of the detainees complained of physical abuse. All who did so were screened by a U.S. medical officer who was able to substantiate three cases of recent abuse. Many detainees who complained of past abuse showed scars consistent with being physically abused and tortured. These claims included being raped, beaten with hoses and wires, hung from the ceiling, and burned with cigarettes. Many also claimed to be victims of abuse at other facilities in the past and at their points of capture. 5. (SBU) Detainees complained of inadequate access to medical care. Thirteen were injured to such a degree that they needed immediate medical care beyond what the U.S. medical officer could provide and so were hospitalized. Injuries included severe bruising consistent with being beaten, broken bones, burn marks, dislocated shoulders, and infections within wounds. 6. (SBU) All detainees complained of inadequate food and water. Detention authorities confirmed that detainees were fed approximately twice a day with servings consisting of one half-slice of pita bread, a small piece of cheese, and a small portion of rice. 7. (SBU) All detainees complained of lack of access to courts or attorneys and alleged that the only way for them to be released from detention was to have their families bribe the judge and the detention facility commander. That the judge

released 50 detainees who admittedly had not been investigated and cleared by an investigative judge lends credence to this allegation. --------------------------------------------MoD Iraqi Army Intelligence Service Detention Facility - Baghdad --------------------------------------------8. (SBU) On December 20, the IIIT conducted a surprise inspection of the MoD Iraqi Army Intelligence Service Detention Facility. This facility held approximately 324 detainees in overcrowded but not severely sub-standard conditions. They were housed in seven rooms, each with its own latrine and shower. Although the rooms were free of dirt, there was neither adequate air circulation nor heaters or air conditioners. All rooms were dim and reeked from the stench of body odor. Detainees slept on blankets and foam mats. 9. (SBU) Unlike detainees at the first MOI site inspected December 8, Iraqi Nation Intelligence Service (INIS) detainees were reasonably well-fed and did not claim or show signs of recent physical abuse. However, two-thirds did claim past physical abuse and/or torture. Many claimed that this abuse occurred at the point of capture or in other detention facilities. Many detainees had scars consistent with being physically abused and tortured.

10. (SBU) Although there was a doctor on-site, three detainees suspected of having tuberculosis were simply quarantined to a separate room and were not receiving proper medical care. We were told that if detainees at this facility are in need of hospital care, they can receive only one-day treatment due to the lack of secure facilities at area hospitals. 11. (SBU) There was little evidence that these detainees had been integrated into the Iraqi judicial system; most claimed to have been detained for more than three months, and most said they had not seen a judge or lawyer. Many detainees alleged that they did not know the charges against them. According to the facility warden, a judge from the Central Criminal Court of Iraq (CCCI) has reviewed each case. (NOTE: MOD does not appear to have a legal basis for security detention under Iraqi law, and MNF-I has put significant effort in the Baghdad area into introducing due process to the cases of detainees captured by Iraqi Army units. END NOTE.) --------------------------------MoI Detention Facility - Tal Afar --------------------------------12. (SBU) On December 28, the IIIT conducted a surprise inspection of an MoI detention facility in Tal Afar. This facility housed nine MoI detainees. Required records were up-to-date and contained an accurate accounting of all MoI-detained persons. However, the team was told that MoD forces dropped off four detainees at the facility on December

12. These detainees were not properly entered into the detention facility's records, and MoD forces removed the four detainees from the facility prior to the arrival of the team. MoD officials claimed that they frequently use the facility as a temporary holding cell until they can transfer detainees to an MoD detention facility. That MOD detainees are moved through the facility without any recordkeeping concerned the IIIT. 13. (SBU) The rooms housing the detainees were substandard in that they lacked proper running water, heat, and bedding other than cardboard boxes on the cement floor. The detainees appeared to be well-fed, were not apprehensive about communicating with the inspectors, and neither displayed signs of abuse nor claimed to have been physically abused. 14. (SBU) Due to the facility's close proximity to the local court, the IIIG was able to interview the four judges responsible for detainees. These judges acknowledged that they did not have an adequate system for ensuring that detainees' cases were properly reviewed in a timely manner or that all detainees were being reported properly to the court. The judges stated that they would coordinate with the detention facility officials to initiate a system whereby the judges would routinely visit the detention facility to inspect its records and to account for the detainees.

----------------------------------------------MoI Detention Facility at the Major Crimes Unit Headquarters - Baghdad ----------------------------------------------15. (SBU) On January 19, the IIIT conducted an unannounced inspection of the MoI detention facility within the Major Crimes Unit Headquarters in Baghdad. This facility housed 214 detainees. Compared to other Iraqi detention facilities inspected by the IIIT, this facility was slightly cleaner and provided better ventilation and heating. Detainees were housed in groups of 11-15 per cell or 60-73 per cell. Space was well below minimal international standards for humane treatment of detainees, with detainees barely being able to lay down at the same time within each cell. Detainees slept on blankets. There was one toilet and one shower per cell. One group of detainees was located on an outdoor, open-air patio, and was moved into a central hallway during inclement weather. The facility was relatively clean and had no evidence of trash or human waste on the floors. 16. (SBU) Detainees reported receiving three small portions of porridge daily (approximately 150 grams per portion) and tap water from the bathroom. They appeared to be well nourished and did not complain of lack of food or water. 17. (SBU) Detainees consistently reported a lack of medical care at the facility, which was confirmed by guards. Detainees and guards reported that no doctor had visited the facility in more

than three months. Care was being provided in one cell by a detainee who is an Iraqi anesthesiologist. Detainees were provided medications by their families but reported that most medications were confiscated by the guards. There were no obvious cases of serious illness or injury warranting emergency evacuation. 18. (SBU) Many detainees complained of being tortured at other facilities before they were transferred to the present facility. Limited, direct examinations of approximately 20 detainees were conducted by the U.S. medical doctor on the team. No detainees claimed or displayed physical injuries consistent with recent torture or abuse. However, some injuries observed were consistent with claims of prior torture and included poorly healed extremity fractures, burns, scars from whipping, anal injury with incontinence, foot deformity from being suspended upside down and repeatedly struck on the bottom of the feet, and inability to speak after blows to the head. All examined detainees reported that they had not been offered or provided medical care at any time for their injuries. 19. (SBU) COMMENT: The mistreatment discovered at the four inspected facilities inspected to date encompasses a handful of corroborated cases of deliberate torture, multiple uncorroborated allegations of previous torture weeks or months prior to interview, and widespread neglect and mistreatment severe enough to merit categorization as abuse. It is likely that both categories of abuse will prove difficult to eradicate. Deliberate

infliction of physical injury during interrogation is a long-embedded feature (perhaps the central feature) of Iraqi investigative practices. Indeed, neglect and casual mistreatment of detainees are not only considered culturally acceptable, but are an inevitable and near-ubiquitous result of basic, systemic features of the current Iraqi detention system (such as unclear legal authorities, overcrowding, poor management of support contracts, judicial under-capacity, and corruption). 20. (SBU) COMMENT CONTINUED: The work of the IIIT is going well to the extent that Iraqi participants from various ministries are attending meetings and the inspections. They also appear to work well together and take their duties seriously. However, the pace of the inspections is not going as quickly as anticipated. We also fear that the momentum of the inspections and the composition of the team could be affected adversely during the government transition. Above all, our foremost concern is that PM Ja'afari lacks the political will or ability to address the widespread abuse and lack of due process characteristic of Iraqi detention operations. Early engagement on this issue with key figures in the incoming government will be critical in this regard. END COMMENT. KHALILZAD (Edited and reading.) reformatted by Andres for ease of