DOD Presentation: Iraq Detainee Brief (March 2004)

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Iraq Detainee Brief
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• 1raqDetainee Brief
•Overview ;
•Analysis of Detainee Population
•Detention Procedures
•Prosecutions
•Transition Issues
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• As of 27 February 2004, Coalition Forces held 13,167
detainees in three categories: EPWs, Criminal Detainees
and Security Internees
• Desired End-State (July 1 and beyond):
—Significant number-of detainee cases handled through judicial
process
—Certain detainees remain under Coalition Control
—Post-occupation authority to continue detention and to apprehend
insurgents/terrorists
—Detention policies accepted by Iraqi population
3
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• Iraqi correctional system lacks sufficient capacity for expected criminal
population
* Inadequate interrogation and evidence collection upon initial capture
limits ability to prosecute
• Courthouse and judicial security not yet in place
• Iraqi public demand for swift trial of Saddam and other regime leaders
• Pdst-occupational authority for detainee operations not yet settled .
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ANALYSIS OF .
DETAINEE POPULATION
:Who WWee Are Holding :& Why --13,167 as of 27 Feb_
• Prisoners of War (EPWs) 18
• Criminal Detainees 1,145
• Security Internees 8,058
• High Value Detainees (HVD) 98
—(EPWs or Security Internees)
• Mujahidin-e Khalq (MEK) 3,848
—Currently treated as EPWs
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on-Iraqi Detainees •
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Egypt
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11 Jordan 8 Sudan 17
Syria . 24 Lebanon 0 Tunisia 5
Algeria 2 Libya 5 Turkey 1
Gaza Strip 1 Oman 0 West Bank 4
Iran 22 Saudi Arabia 8 Yemen 4
Palestine 3 Somalia 1 India 1
Malaysia 1 Morocco 3 Sweden 0
Kuwait 1 Afghanistan 7 Total 128
Data as of 27 Feb 04
7
_CRETIIREL US, mcn
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EPWs
• Armed Forces of Iraq
• Geneva Prisoner of War convention (GPW) allows
EPWs to be held until the "cessation of active hostilities
or until the completion of trial and sentence if pending
criminal proceedings for an indictable offense
• Most EPWs have been paroled but 18 are still being
held based on intelligence interest or security threat
• May be subject to prosecution in Iraqi Special Tribunal
(1ST) after return of sovereignty
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ECRETBREL US, NCH
CRIMINALS
• Under Geneva Civilians Convention (GCC), Coalition may hold criminals
while accused of offenses and after sentencing, until occupation ends
• Coalition responsibfe for oversight of the treatment of criminals until
transition
• Detention of criminals is shifting to CPA civilian control as forces redeploy
• Saddam emptied prisons before war, so criminal detainees (along with
Security Internees) held by Coalition comprise the majority of the current
prison population
• CPA personnel are directing prison operations because previous regime
was corrupt and abusive — need to rebuild corrections system (personnel
and infrastructure)
• CPA Ministry of Justice personnel believe that Iraqi prisons population will
grow to approx. 38,000
• May be subject to prosecution in Iraqi Criminal Courts , including Central
Criminal Court of Iraq (CCCI)
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:v.-PRET/MEL US, MCFI
• Under GCC, Coalition may hold people for "imperative reasons of
security"
• Attacks on Coalition, terrorists, knowledge of WMD, senior regime
leaders, foreign fighters
• Authority as occupying power to hold Security Internees ends at the
conclusion of the occupation
• High Value Detainees. (HVD):
• Basis depends on their status (EPW or Security Internee)
• Held pursuant to Policy Guidance # 1 (Black List) & # 15 (Grey List)
• Prosecute in 1ST and CCCI
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IN Security Internees
a SI of Intel Interest
1243
5,733 reakdown of the 1243 SI of Intel Interest
40
CRETIIREL US, MGR
Security :Internees .- by the Numbers
Total Security Internees: 6,976 •
Data as of 15 January 2004
Foreign Fighters
111 Former Regime Loyalist
0 Ansar al Islam/Al Qaeda
• Black List
• SI of Unspecified Intel
Interest
31-60 61-90 Over 91
Days Days Days
Duration
12
MCFI
h of Detention of ecuri ntemees
11
Security;
Total Security Internees: 6,976
1243
5,733 reakdown of the 1243 SI of Intel Interest
40
CI Foreign Fighters
• Former Regime Loyalist
Ci Ansar al Islam/Al Qaeda
nBlack List
n SI of Unspecified Intel
Data as of 15 January 2004 Interest
Security Internees
n SI of Intel Interest
1-30 31-60 61-90 Over 91
Days Days Days Days
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Duration
Data as of 27 Feb 04
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DETENTION
PROCEDURES
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Petainee/E Atilities';-- 20• Jan 04 •
115 MP Bn Special Confinement (MAP):
• 99 HVDs
(Includes 2 females) • 7 Criminals
• 1461 Security Internees
• 20 EPWs
• 5 Criminals
• 10 Security Internees
SI •
• 202
744 MP Br1lAr Rusafa):
• 727 Criminals (58 female)
• 12 SI (ail female)
744 MP Bn (AI Karhk (Juveniles))
• 102 Criminals
• 60 Security Internees
320 MP Bn (Baghdad Central
Correctional Facility (BCCF)):
• 905 Criminals
• 79 SI (7 female)
320 MP Bn (Vigilant (BCCF)):
• 24 Criminals
• 727 Security internees
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• Designed to identify detainee category rapidly
• Designed to ensure detention of individuals posing a threat to
Coalition Forces and release those who do not
• Designed to adjudicate detainee cases in timely manner
• Designed to help Iraqis assume responsibility for the process
Bottom line: Need to establish a comprehensive justice system to
process detainees that ensures common crime, war crimes, and
terrorism are adjudicated and remedied in a timely and
appropriate fashion
RETHREL-VSINICTI
tainee Process
:OverVieiAr.of ..Detain6esi- Processed
• Nearly 37,000 Iraqis have been detained by Coalition Forces since
March 2003 — nearly two-thirds of them have been processed through
to release or parole.
– Of approx. 18,000 criminal detainees processed, 2,606 remain in U.S.
custody
– Of approx. 11,000 security internees processed, 7,005 remain in custody
- Of approx. 8,000 non-MEK EPWs—less than 50 remain (including HVDs).
• Bottom Line: The existing detainee process is working to ensure that
individuals are screened and reviewed in an appropriate and timely
fashion and released, when appropriate
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'APPROVED FOR RELEASE DATE: 06-Sep-2013
SedtkitylnteitteelROVieWiProtess
• Until recently, Coalition Forces detained more security internees than
they could effectively review
• Recent adjustments dramatically improved processing capability
—Initial reviewing magistrate can now order release
—Standing review board increased review capacity to 100 cases/day
—857 cases reviewed as of 26 Feb by new review board
• 710 ordered released
• 65 recommended release unless further information is found to
justify detention
• 44 referred to CCCI for further investigation
• 38 recommended for conditional release
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ConditionalARelease Program`
• Bremer announced program on January 8, 2004
• Initial release of 59 detainees, more to follow
—Must renounce violence
Guarantor (prominent community, religious, or tribal
leader) must accept responsibility for future good
conduct
• Not available for "those with blood-stained hands"
(Bremer)
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'AP PROVED FOR RELEASE DATE: 06-Sep-2013
Family Notification
• Identification of detainees and notification of family members depend
upon detainee providing truthful information
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• Improving family notification is important to Iraqi perception of U.S.
detention procedures
• Detainee information is posted at police stations and elsewhere
(including recently launched web-site)
• Limitations:
—Language translation and database limitations (non-Arabic system)
—Poor communication infrastructure in Iraq hampers more effective
notification
—Iraqis still dissatisfied with procedures
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'APPROVED FOR RELEASE DATE: 06-Sep-2013
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• Iraqi system operates in parallel to Coalition system
• Detainees can flow from Iraqi , system to U.S. system as
security internees and vice-versa (as categorization
changes)
• Most common criminals are now arrested• by Iraqi Police
and processed through local Iraqi courts
• Virtually all Iraqi courts are operating, although not all court
facilities operational
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PROSECUTIONS
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'AP PROVED FOR RELEASE DATE: 06-S ei -2013
How WiI1 Detainees Be Prosecuted?
• Iraqi Special Tribunal (1ST)
• Central Criminal Court of Iraq (CCCI)
• Iraqi Criminal Courts
• No plan to use military commissions at this time
• Jurisdiction
War Crimes, Crimes against humanity, Genocide
—Violations of cert4in Iraqi laws
OThree tiers within court
—Department of Investigative Judges
—Trial Chamber
—Appellate Chamber
• 1ST applies international law and Iraqi law
• The 1ST will try those HVDs that committed the most serious
atrocities against the Iraqi people and Iraq's neighbors.
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!APPROVED FOR RELEASE DATE: 06-Sep-2013
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MCFI
• DOJ has lead in supporting the I8T
• DOJ requires support from DoD — propose National Security
Presidential Directive
• Death penalty
• Timing:
—DOJ proposal envisions trials by end of 2004
—Order of cases
• Test system — do not want to start with Saddam
—Public should be kept informed about progress toward trials
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Central Cremnal Court of Iraq
• Jurisdiction
- Crimes of specialsignificance referred by Amb. Bremer
May include major crimes against Coalition Forces
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• Three tiers
- Investigative Judges
- Trial Court: 3-Judge panel
- Appellate Court—existing Iraqi Court of Cassation (highest court)
• CCCI applies Iraqi law, as modified by CPA orders
- Death penalty has been suspended in Iraq
• CPA'goal is to have CCCI trying 5 cases per week and conducting 10
investigations per week by March 10, 2004 (assumes requested
investigative and security support is provided per Bremer's December
12, 2003, memo)
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• Future of CCCI after end of occupation
• insufficient resourdes to prepare cases for referral
— Bremer request for additional support is being staffed
• Security concerns for judges/prosecutors and witnesses
• Limited Iraqi awareness of Court's convictions reduces deterrent
effect
• Punishments may not be sufficiently severe to deter terrorists and
Regime loyalists — death penalty not available
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1APPROVED FOR RELEASE DATE: 06-Sep-2013
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'APPROVED FOR RE LEASE DATE 06-Sep-2013
• Redline for Combatant Commander is continued detainee
operations
1
• There are several legal theories that may support detainee
operations:
—Continuation of authorities under UNSCR 1511 — preferred authority
as it bridges to security agreement and/or new UNSCR, consistent
with UN mandate
—Continuation of ongoing international armed conflict in the GWOTnot
preferred as some nations do not share our interpretation of
detention authority in the GWOT (detainees limited to unprivileged
belligerents)
- Assistance provided during an internal armed conflict — detentions
would be limited to those allowed under Iraqi law
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• UNSCR 1511 "authorizes a multinational force under unified command
to take all necessary measures to contribute to the maintenance of
security and stability in Iraq"
—Arresting and detainirlp people in Iraq is therefore authorized to the extent they are
necessary for the MNF to fulfill its mandate of contributing to international peace and
security
—Persons the MNF commander detains under this authority would be afforded
protections analogous to Security Internees under the Geneva Civilians Conventions
until handed over to Iraqi authorities
—This argument may be controversial as some may not share this view on the
continued authority and ability to use UNSCR 1511 in this manner
• EPWs and HVD Security Internees may continue to be held for
prosecution
• A security agreement and/or follow-on UNSCR would provide
additional authorities for continued detainee operations
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