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Viewing cable 08BAGHDAD2890, STATE OF DETENTION FACILITIES IN IRAQ: SOUTH

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Reference ID Created Released Classification Origin
08BAGHDAD2890 2008-09-08 07:07 2011-08-24 16:30 UNCLASSIFIED Embassy Baghdad
VZCZCXRO7301
PP RUEHBC RUEHDA RUEHDE RUEHIHL RUEHKUK
DE RUEHGB #2890/01 2520707
ZNR UUUUU ZZH
P 080707Z SEP 08
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 9284
INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY
UNCLAS SECTION 01 OF 03 BAGHDAD 002890 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM KJUS PINS IQ
SUBJECT: STATE OF DETENTION FACILITIES IN IRAQ: SOUTH 
 
REF: BAGHDAD 2421 
 
1.  (SBU)  SUMMARY:  There are still big problems with 
overcrowding in detention facilities in southern Iraq, with 
the consequent effect on supplies of food and medicine and 
judicial processing delays.  There is an immediate need for 
more facilities, especially prisons, and more trained 
corrections officers for new and existing positions. 
However, there has been noticeable progress in the conditions 
of southern Iraq detention facilities.  Compared to reporting 
from previous years, there are remarkably fewer reports of 
torture and abuse in the detention facilities.  When reports 
of abuse arise however, the necessary actions are rarely 
taken to punish violators.  With ongoing GOI military 
operations in 2008, detainee populations have risen, even 
with passage of the Amnesty Law in February.  There are not 
enough investigative judges to process all cases in the 
mandated time frame, and detainees often wait months and 
sometimes years before their cases go to trial.  The most 
important measure that could improve prison conditions is for 
the provinces to have more detention facilities, especially 
post-trial prisons.  END SUMMARY. 
 
2. (SBU)  PRTs and ePRTs around the country have increased 
efforts to visit and inspect GOI detention facilities, and 
this cable reports their findings by province.  This cable 
reports on those in southern Iraq.  (Septel report on 
conditions elsewhere in Iraq.)  Detention facilities are run 
by four GOI ministries.  The Ministry of Interior (MoI) runs 
pre-trial detention facilities, or jails, and also holds 
detainees in hundreds of police stations.  There are five MoI 
National Police detention facilities and 275 Iraqi Police 
facilities around the country, not including the KRG.  The 
Ministry of Defense (MoD) operates Iraqi Army (IA) detention 
facilities.  There are approximately 29 MoD facilities above 
the brigade level.  The Ministry of Labor and Social Affairs 
(MoLSA) operates two juvenile facilities in Baghdad.  (Note: 
The Ministry of Justice runs the other seven juvenile 
facilities outside of the KRG.  Juveniles are also held at 
various MoI facilities across the country, sometimes in their 
own quasi-facility but generally in a separate cell from the 
adults.  End Note.)  The Ministry of Justice (MoJ) runs all 
post-trial prisons and some pre-trial facilities.  On 
September 1, the MoI had 8815 pre-trial detainees and MoD had 
1,601 pre-trial detainees.  There were 9,581 additional 
pre-trial detainees and 10,522 post-trial prisoners in MoJ, 
KRG, and MoLSA custody. 
 
----- 
BABIL 
----- 
 
3.  (SBU)  Babil province has 14 MoI detention facilities, 
two MoJ prisons, and several MoD facilities.  PRTOffs are 
restricted from visiting most of the facilities due to the 
security situation.  To monitor the situation of detention 
facilities, PRTOffs gather information from sources in the 
Iraqi Security Forces, journalists, and the General Manager 
of south-central detention facilities.  The PRT also meets 
regularly with the Ministry of Human Rights office in Babil 
and other human rights NGOs to discuss problems and 
recommendations for improving the facilities.  The PRT notes 
that a major problem with detention facilities in the 
province is a lack of long-term strategic planning and no 
national focus on improving facilities and operations. 
 
4.  (SBU)  Hillah Prison, an MoJ prison in Babil, was built 
by the USG in 2006.  The facility has a capacity of 700 and 
houses about 1100 detainees from Karbala, Najaf, Kut, and 
Diwaniya.  The facility has been over crowded since it was 
occupied and has struggled to provide necessary services and 
maintain sanitary conditions.  The facility has no ability to 
transport detainees to and from court, which has caused 
challenges in ensuring detainees attend their trials.  Female 
detainees are housed in a police station.  In the MoI 
facilities, there are problems with prisoners and detainees 
being housed together, including convicted felons being 
housed with those accused of minor crimes. 
 
5.  (SBU)  The ePRT in North Babil has more ability to visit 
MoI detention facilities.  Detainees and police have reported 
that physical abuse of detainees is an ingrained process in 
investigations although it is not as blatant as a few years 
ago.  Detainees do not officially report abuse cases for fear 
of police retaliation, even outside of the jail after 
release.  There does not appear to be accurate or efficient 
recording of detainee identification and length of detention. 
 PRTOffs also note that Sunni detainees are held for longer 
periods than Shi'a detainees.  Families of detainees reported 
that they bribe officials to accelerate the lengthy 
identification process and possible release. 
 
------- 
 
BAGHDAD 00002890  002 OF 003 
 
 
KARBALA 
------- 
 
6.  (SBU)  As reported reftel, Karbala's largest jail is 
filled beyond capacity.  Because the province does not have a 
prison, and the regional prison in Babil is overcrowded, 
Karbala's jail has to also house post-trial detainees, 
including ten people (one female) convicted of capital 
crimes.  Twenty convincted felons sent to the prison from 
Karbala recently were returned because of a lack of space. 
The long-term solution to alleviate the overcrowding is the 
construction of a larger, modern jail in Karbala province. 
However, Karbala's status as a holy place does not allow the 
construction of a prison in the city. 
 
7.  (SBU)  The facility, a converted office building, is in 
good condition and well run, and there have been no 
complaints of human rights violations.  The capacity of the 
jail is 250 but currently holds 354.  According to Karbala 
Chief Appellate Judge Abid Nour Farhan al-Fatlawi, the jail 
is badly overcrowded, but clean and safe. He said there have 
been no incidents between convicted felons and other inmates. 
 Ten of the inmates are awaiting execution for capital 
crimes, including a woman convicted of murdering her husband. 
 
8.  (SBU)  Karbala's investigative judges are required to 
visit the province's jails and reportedly visit several times 
per month.  According to al-Fatlawi, detainees complain about 
access to medical care, but allegedly doctors and other 
health care professionals now visit the jail more frequently. 
The PRT has heard from other contacts that scabies is 
widespread at the jail, and there is a lack of medicine. 
 
--------- 
DIWANIYAH 
--------- 
 
9.  (SBU)  PRTOffs most recently visited the provincial 
detention facility on July 29 in Diwaniyah city; it is one of 
the only prisons under control of the MoI instead of the MoJ. 
 According to the warden, Hussein Jabbur Mushab, this 
deviation causes a lack of coordination between the 
ministries and results in any request for resources to one 
ministry being directed to the other, with nothing ever being 
done.  This facility is the largest in the province and 
houses sentenced prisoners and others awaiting trial or 
sentencing.  According to the warden, there should be no 
sentenced prisoners in the facility; they should have all 
been sent to Baghdad, where overcrowding has limited transfer 
of detainees.  It has a capacity of 250 but currently houses 
over 480 detainees in crowded cells.  There were 15 juveniles 
housed in a separate room and nine women, with two children, 
in a separate wing of the building. 
 
10.  (SBU)  The facility is deteriorating and is in need of 
rehabilitation.  There are no beds in the facility, so 
detainees sleep on the floor.  There was no evidence of air 
conditioning in the last visit.  There is a kiosk on site for 
prisoners to purchase small items such as tobacco.  The 
warden said that the most immediate need is a new prison 
financed by the MoJ with prison personnel to remain under MoI 
for salary and pension benefits. 
 
------ 
BASRAH 
------ 
 
11.  (SBU)  One of the major concerns in Basrah is the lack 
of capacity to hold all the detainees in the existing 
facilities.  To address this, the USG is funding an $8 
million 1200 bed prison, which will be complete in a year. 
Other problems are the inadequate living conditions and lack 
of basic necessities.  Because funding for basic operations 
should come from the responsible ministries, the PRT is 
focusing on training for budget planning and execution for 
police, prison officials, and the judiciary.  There are also 
reports of some detainees being denied access to legal 
counsel.  Due to security threats, PRTOffs have not been able 
to visit the detention facilities in about a year but monitor 
the situation through contacts in the local legal community 
and officials from the MoJ.  The PRT also tries to monitor 
the situation through human rights NGOs, but their access to 
the facilities has been limited by local prison officials. 
 
12.  (SBU)  Basrah has two MoJ detention facilities. 
Al-Minah prison has capacity for 450, but there are currently 
about 560.  Al-Maqil prison is designed to hold 200 but 
currently holds at least 268.  Women and juveniles are housed 
in separate areas with relatively better conditions.  Reports 
indicate that both facilities are old and in poor condition. 
There is inadequate ventilation, plumbing, food, medical 
care, and potable water.  There are no educational or 
rehabilitative services due to a lack of space.  The former 
 
BAGHDAD 00002890  003 OF 003 
 
 
regional head of prisons, Colonel Naeem, tried to improve 
some basic conditions but was recently fired by Acting 
Minister of Justice Safa al-Safi.  The security situation has 
improved to the point that the PRT plans to visit these 
facilities within a month. 
 
13.  (SBU)  The PRT has little visibility on MoI and MoD 
facilities, as the Iraqi Army has been secretive about its 
facilities.  Detainees from Operation Charge of the Knights 
are currently being held in the Shatt al-Arab hotel in 
reportedly very poor conditions.  There are inadequate MoI 
facilities, and some pre-trial detainees are forced to be 
housed in MoJ prisons. 
 
----- 
WASIT 
----- 
 
14.  (SBU)  The most critical need in Wasit province is a 
post-trial MoJ prison.  There are no prisons in Wasit, and 
post-trial prisoners are housed with pre-trial detainees in 
overcrowded MoI facilities.  There is currently no room for 
any educational or rehabilitation programs in the facilities. 
 The PRT is aware of problems with the judicial process 
system and has worked with the Chief Judge to resolve the 
issues.  Police are not provided with human rights or 
continued professional training, and the PRT and military are 
working to address this shortcoming. 
 
15.  (SBU)  There are 27 MoI detention facilities in the 
province.  U.S. Military Police teams in Wasit make weekly 
visits to five facilities (Wasit Central Jail, Wasit Criminal 
Investigation facility, Al Aharar police station, al Kut Main 
police station, and Vehicle Patrol headquarters) and report 
on abuse and living conditions.  In the last six months, 
there have been no reports of abuse in these facilities, and 
living condition concerns have been minor and properly 
addressed by police commanders.  The PRT has also conducted 
inspections of Wasit Central Jail, Wasit Criminal 
Investigation facility, and Wasit Major Crimes Investigation 
facility.  During these visits, there were no signs of abuse 
or intolerable living conditions although there were 
allegations of abuse following the March military operations. 
 The facilities are clean, and detainees have adequate access 
to food and medical care.  Women and juveniles are housed in 
Wasit Central Jail, separate from adult males.  There are 
impending plans to conduct unannounced inspections of the 
other 21 MoI police stations. 
 
------- 
COMMENT 
------- 
 
16.  (SBU)  While there are still nation-wide problems with 
overcrowding and its consequent effect on supplies of food 
and medicine and judicial processing delays, there has been 
noticeable progress in the conditions of Iraqi detention 
facilities.  There is an immediate need for more facilities, 
especially prisons, and more trained corrections officers for 
new and existing positions.  Compared to reporting from 
previous years, there are remarkably fewer reports of torture 
and abuse in the detention facilities.  We do not have 
visibility on all detention facilities and police stations, 
especially in remote areas, but the PRTs and Military are 
continuing to visit MoI and MoD facilities.  MNF-I, MNC-I, 
MNSTC-I, and TF134 have extensive inspection duties and 
completed about 180 in July.  Post will continue to report 
separately on Baghdad facilities, including a comprehensive 
assessment, and will encourage reporting on this issue from 
PRTs not mentioned. 
CROCKER