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Thread: Sacking of Crusading Judge Fuels Concerns Over Iraq Rights Record

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    ruthie's Avatar Poster
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    Sacking of Crusading Judge Fuels Concerns Over Iraq Rights Record


    One of Iraq's leading judicial champions of the rule of law has been sacked, fueling concerns the US-backed government is adopting strong-arm tactics reminiscent of the old regime in its war against insurgents.

    The central criminal court's chief investigating magistrate, Zuhair al-Maliky, said the authorities had given him no reason for his dismissal, which came after repeated clashes with state security agencies over arbitrary arrests and other suspected abuses.

    But the judge insisted he was unrepentant about his crusade for due process by the security services.

    "Nobody is above the law," he told AFP.

    "That's the mistake Saddam (Hussein) made. When he made some people above the law... that was the disaster for Iraqi society."

    Ironically, it was the US-led coalition that originally tasked Maliky with investigating alleged abuses by Iraq's fledgling security apparatus.

    A former US official confirmed he had been charged with probing alleged bribery and brutality by members of the police major crimes unit, back in April, two months before the caretaker government took power.

    "There was a lot of cases of torture, illegal detention and corruption," recalled Maliky, adding that his investigation resulted in the arrest or conviction of at least 20 policemen.

    Five of the cases involved the use of electric shock on detainees, leaving one man partially paralyzed, he added.

    But once Iraq regained its sovereignty in June, his investigation ground to a halt as the insurgency grew and the government put a premium on restoring security.

    "Before the transfer of power, they were obedient. Now, they've stopped obeying court orders," Maliky complained, pointing to 10 policemen with outstanding charges who had refused to obey court summons.

    He charged that US support for his campaign had also waned as attacks on coalition troops intensified.

    "I don't really speak with the Americans since the transfer of sovereignty. They seem more concerned with fighting the war than rebuilding the country," he said.

    The US embassy declined to comment, saying the Iraqi justice system was a matter for the government. The interior ministry also declined to respond to the allegations.

    Maliky again locked horns with the security services in September after the major crimes unit and agents from Iraq's new national intelligence service arrested 52 people at the Baghdad headquarters of Hezbollah, a faction of a mainstream Shiite religious party which has representatives in the interim government.

    The judge ordered their release, saying the interior ministry had failed to obtain a proper warrant or bring the suspects before a court.

    But the intelligence service simply secured broader powers, with its own special judges authorized to issue arrest warrants, its chief Mohammed al-Shahwani confirmed.

    Maliky said the unprecedented move was a clear violation of the US-drafted order which established the spy service in April and defined its role strictly as an information gatherer.

    However Shahwani defended it, saying: "We do everything legally ... I have no agenda, I work only for this flag."

    The major crimes unit is now holding up to 10 individuals for Shahwani, on the basis of a clause in Saddam's old penal code dealing with enemies of the state, Maliky said.

    A further 50 suspects are being held without charge by the unit, he added.

    The Supreme Council for the Islamic Revolution in Iraq confirmed the arrest of the 52 Hezbollah members and charged that they had also been tortured in what it described as an unacceptable breach of the interim constitution.

    "We cannot anywhere accept this behavior," party leader Abdul Aziz al-Hakim told AFP. "There is a (basic) law to rule the state in the transitional period. Human rights must be respected."

    The Islamic Party, a leading Sunni religious faction, agreed that the interim constitution was being increasingly violated in the battle against insurgents.

    "(A) simple example is that according to that very law, no citizen should be arrested unless an arrest warrant is issued, which is something not happening in most of the cases, if at all," party spokesman Iyad al-Samarrai told AFP.

    New York-based advocacy group Human Rights Watch said it shared many of the concerns expressed, particularly over the major crimes unit.

    "We have received information about the torture and ill-treatment of detainees for the purpose of extracting confessions," the watchdog's Baghdad representative Hania Mufti said.

    "The (interim constitution) contains a bill of rights that sets out basic human rights safeguards. Some of them are not being met."

    Interior Minister Falah Naquib acknowledged before parliament Monday that there had been cases of arbitrary detention but said his government was trying to stamp them out.

    "There were mistakes in arresting some people without a warrant according to the law and we will work hard to stop it," he told MPs.
    CommonDreams
    same shit, different day
    Don't read what isn't there.

    anywhichway

  2. The Drawing Room   -   #2
    Rat Faced's Avatar Broken
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    Dont expect anything there.

    Afganistan's "terrorist" activity has gone up since the "Election"...

    An It Harm None, Do What You Will

  3. The Drawing Room   -   #3
    Biggles's Avatar Looking for loopholes
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    It is going to be a long bumpy road and the wheels might fall off before we get there.
    Cogito cogito ergo cogito sum


  4. The Drawing Room   -   #4
    Maliky again locked horns with the security services in September after the major crimes unit and agents from Iraq's new national intelligence service arrested 52 people at the Baghdad headquarters of Hezbollah, a faction of a mainstream Shiite religious party which has representatives in the interim government.

    The judge ordered their release, saying the interior ministry had failed to obtain a proper warrant or bring the suspects before a court.

    We all know what Hezbollah represents. We are at war folks, you must raise your level of suspicion. I cannot imagine letting these people go because the proper paperwork is not in order, only to find them detonating a suicide bomb later that day.

    Peacetime and wartime security operations are a wee bit different.

    Anyway, I remember when this forum condemned the US when it considered "martial law" in Iraq. It was never put in place, but no one has even managed to point that out. We could certainly cut down on attacks, but at what price to the civilians. Just a little balance for you.

    Same hit, different day, would pretty much characterize your posts Ruthie. We got your point like 15 threads ago, you have you own website to wallow in the fact that Bush is an idiot,Bush talks to God, Bush is the mastermind behind a global conspiracy and republicans hate lesbians.

    Is there anything else you want to talk about or do you just want to feed us your propaganda.

    We could have J2 and Frank the Tank copy and paste their biased Bush articles and we would soon have a new name for our like forum:

    "The Political Propaganda Copy and Paste Club".

    This forum should contain an authors interpretation of an article and a link, it puts the burden of effort on the poster and not the reader.
    Aren't we in the trust tree, thingey?

  5. The Drawing Room   -   #5
    ruthie's Avatar Poster
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    Quote Originally Posted by hobbes
    We all know what Hezbollah represents. We are at war folks, you must raise your level of suspicion. I cannot imagine letting these people go because the proper paperwork is not in order, only to find them detonating a suicide bomb later that day.

    Peacetime and wartime security operations are a wee bit different.

    Anyway, I remember when this forum condemned the US when it considered "martial law" in Iraq. It was never put in place, but no one has even managed to point that out. We could certainly cut down on attacks, but at what price to the civilians. Just a little balance for you.

    Same hit, different day, would pretty much characterize your posts Ruthie. We got your point like 15 threads ago, you have you own website to wallow in the fact that Bush is an idiot,Bush talks to God, Bush is the mastermind behind a global conspiracy and republicans hate lesbians.

    Is there anything else you want to talk about or do you just want to feed us your propaganda.

    We could have J2 and Frank the Tank copy and paste their biased Bush articles and we would soon have a new name for our like forum:

    "The Political Propaganda Copy and Paste Club".

    This forum should contain an authors interpretation of an article and a link, it puts the burden of effort on the poster and not the reader.
    someone's not a happy camper. ROFL
    Don't read what isn't there.

    anywhichway

  6. The Drawing Room   -   #6
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    Quote Originally Posted by hobbes
    We all know what Hezbollah represents. We are at war folks, you must raise your level of suspicion. I cannot imagine letting these people go because the proper paperwork is not in order, only to find them detonating a suicide bomb later that day.
    Then why did we put them in power?

    The article says that they are part of the Government there... lets make our minds up here.

    An It Harm None, Do What You Will

  7. The Drawing Room   -   #7
    Biggles's Avatar Looking for loopholes
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    Hobbes

    I may be wrong here but I think Hezbollah means "Party of God". There are Hezbollahs in most Islamic countries. I think you might be confusing them with the Syrian based Palestinian group which is rather more forceful in its policy delivery.

    Or are you simply arguing that there should be no politics in the new Iraq based on the ethnic faiths of the various regions? If achieveable, I could see the merit in it - but somehow I suspect we are simply encouraging the opposite. Nothing is as attractive as that which has barriers put in its way.
    Cogito cogito ergo cogito sum


  8. The Drawing Room   -   #8
    This has to do with the overall theme of political propaganda. How many times must you post the same stuff? The articles have one intent and are written without any attempt at balance or to even offer any context as to what this means "big picture".

    The flu vaccine, the people delivering fuel, this article-they all have the same intent. They want the reader, by extrapolation, to place the blame on Bush. Bush hates his own soldiers, Bush wants people to die of the Flu, Bush wants to torture innocent Iraqi's. It's the innuendo game.

    I will be voting for Kerry, but I just object to intellectual dishonesty in any form, and I will call it when I see it. Regardless the author, regardless the subject. This is not a post to just Ruthie, I was equally annoyed with the crap posted about Kerry shooting a village boy, in a loin cloth, in the back. The "in the back" and "in a loincloth" was repeated 3or 4 times in the posted article. Different agenda, same bullshit.

    For every article Ruthie puts here, the opposite side could post one of their own. "Copy and paste" club is a pointless and lazy place to be.

    I think I have been here a year and a half or so and I cannot remember ever having done so. I may have, but I cannot recall. I speak my opinions, in my words and support it with my interpretation of the evidence. I attempt to address both sides of a particular discussion.

    What is the point of posting otherwise?
    Last edited by hobbes; 10-19-2004 at 11:27 PM.
    Aren't we in the trust tree, thingey?

  9. The Drawing Room   -   #9
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    Same hit, different day, would pretty much characterize your posts Ruthie. We got your point like 15 threads ago, you have you own website to wallow in the fact that Bush is an idiot,Bush talks to God, Bush is the mastermind behind a global conspiracy and republicans hate lesbians.
    I got a suggestion hobbes, if you don't like what ruthie posts, don't read it.

    The purpose of posting is to have a discussion of topics that interest you. If no one else is interested, then no one will reply. If all you want to do is blast ruthie, see my suggestion to you above.

    Personally, I'm sick of so-called liberals who roll over and play dead in the interest of "balance" when this administration has lied about almost everything since and including the election and has gone out of their way to benefit their buddies, even if it means screwing the average American. I'm sick of "liberals" talking about bias and running the "Well, you may have a point there" in the interest of "balance". This administration has no points, no balance. Bush is not an American president, but a Republican, fanatical, evangelical Christian president.

    We get emails and newsletters from RightMarch and Falwell as well as Moveon, we read the Weekly Standard and Newsmax as well as Common Dreams, the DNC and John Kerry as well as Bush and the RNC. I'm even a Bush/Cheney Team Leader and a member of Protest Warriors. I can't understand why anyone would vote for Bush. I don't get why he hasn't been run out of DC with his whole crew. I would love to see the "other side" come back with some articles refuting the ones ruthie has posted. I'd love someone to post articles supporting Bush. Everything I've read is too easily shot full of holes.

    There is no intellectual dishonesty. The bottom line is that Bush doesn't give a rats ass about anybody but Bush and his sector of the society. Guess what? Kerry didn't shoot a boy in the back, it was a lie. These articles aren't lies. These articles point out how much Bush doesn't give a damn, or if he does, he's totally misguided.

    These articles happen to piss us off. The crap thats going on because of Bush, his policies, executive orders, and his cabinet and appointees happens to piss us off. We think it should piss everybody off, but rather than get pissed off some people make excuses. Some people don't even know where to find information pertinent to the "debate" and don't bother looking.

    Like i said, if you don't like it, don't read it. If you're waiting for ruthie (or me) to post something that portrays Bush in a favorable light, don't hold your breath. Frankly, theres very little that can stand the test of scrutiny.
    Last edited by scroff; 10-21-2004 at 08:30 AM. Reason: spelin
    Ancient Bush family proverb; Give a man a fish and he'll eat for a day... drown him in the lake and he'll never be hungry again.

    Any Which Way.... because there's more to it than Fox tells you.

  10. The Drawing Room   -   #10
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    An It Harm None, Do What You Will

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