A Day in the Life

Today is my first day off since getting to Iraq, which leaves gives me some time to post. Excuse the spelling errors my spell check failed me. So what I am doing in Iraq and what is my daily life like?

I am a liaison attorney for the Central Criminal Court of Iraq. Coalition Forces created this Court in 2003 to handle cases involving serious crimes such as governmental corruption, terrorism and organized crime that were previously handled by governorate level judges in the ordinary criminal courts. Prior to the creation of this Court Iraq did not have a Central Court like we do in the USA. “Evil doers will face justice in honest and fair Iraqi courts,” L. Paul Bremer III, a quote from Paul at the opening of the Court. The verdict is still on this proclamation, but I don't think too highly of Bremmer, nor his post war planning of Iraq.

I go to Court everyday that it is open which is Sunday-Thursday. The Court itself is located in the Red Zone. In order to get to the Court, a personal security detachment drives the attorneys to the Courthouse in a convoy. During the convoy to the Court, the attorneys and their translators wear their body armour as well as their kevlar hemelts. When we get to the Courthouse we make about a hundred yard trek through the red-zone to get to the inside of the Courthouse.

THE GREAT TREK

Before the invasion in 2003, Saddam used the CCCI building as a museum to store gifts that he received from other despots and dictators. I probably would not store my gifts inside this building because the Courthouse is absolutely filthy. Dirt covers the walls, and the lights shine dimly so that there is almost a yellowish film to the air. Throw in all the second-hand smoke floating around the building and you have yourself a fairly unsophisticated Central Court. Literally all the smoking that goes inside the building would make you think that you're in an episode of Mad Men minus the sophistication. The Iraqis also feel no need to dress up in the Court. Some of the older Arabs wear traditional wear, but others wear jeans etc. Most of the younger workers wear western clothes.

My job consists of presenting evidence to a judge so that they can begin an investigation on one of the detainees that the USA has arrested over the last several years. The Iraqi judicial system is based of the French inquisitorial system. In an inquisitorial legal system it is up to the investigate judge to investigate the crime at an investigative hearing. The judge determines the facts of the case, and is not an unbiased arbitrator like the judges in the USA. He can subpoena witnesses to appear before him. Typically, the judge also has a few investigators working for him as well. These investigators try to dig up as many facts as they can given the realities of the country. It is completely different to our adverserial legal system.

Each day I go to Court I have one or two investigate hearings. I present the evidence I have to the Iraqi judge through a translator, and the judge looks it over. The hearing occurs in the judge's office. Typically the evidence I present to the judge consists of written sworn statements from Iraqi local nationals. These local nationals state that the detainee murdered someone, associated with a certain terrorist group, kidnapped someone, or blew up an improvised explosive device (IED). The judge then brings the detainee into the room and questions him about the accusations. (No females as of yet). The detainee sits right across from me and my translator. He usually denies the charges against hime at all and states that he is peaceful farmer, baker, etc. . Of course since these guys, have been sitting in our interment facility for the past year or more they have plenty of time to get their story down, and learn from others who have been in front of an IH judge. In all honesty most of these detainees look fairly peaceful, but sometimes I will come across a bitter one. I would be bitter too if I was confined for a long period of time as well. The other day a detainee who was accused with Al Qaida cursed me and told me that he wished God's curses upon me. Hope his wish does not come to fruition.

Sometimes the judge will hear live testimony from Soldiers about how they captured this particular detainee, and what evidence the Soldiers found at the detainee's abode. I present this type of evidence to the judge via a voice telephone conference. I often wonder what the judges think communicating to US Soldiers through a TV to the Soldier back in the USA. I am sure when they were young growing up in Iraq they never thought they would be engaging in this sort of active.

The translator does most of the speaking to the judge, and my role is fairly limited. Occassionly, I will ask the detainee a question, but it is the judge's role to investigate. Sometimes, I will get a US soldier to clarify his point or statement, but that is about it. Also, what the Iraqi judges deem relevant is completely irrelevant to me and most US attorneys. The judges seem to focus on the detainees family unit a lot asking questions such as, "how many brothers do you have", and "who is your father", or "what did you do" etc.

Once the judge determines the investigation is complete he will send it up to the trial panel. The trial panel consists of three judges who determine the guilt or innocence of the defendant. The trial takes literally about 15 minutes. Depending on the crime the judges can hammer these guys. Lately though, the conviction rate is falling at a tremendous rate.

In order to obtain a conviction in the Iraqi system, two eyewitnesses need to state that the defendant did the deed. Although the Iraqis are getting better at relying on circumstantial evidence such as forensic evidence, that sort of evidence in and of itself will not carry the day in Court. Prior to January 1, 2009, the Coalition Forces regulary brought Local Nationals to CCCI to testify to the IH judge. Unfortunately, for me those days are over. In January 2009, the US
signed a Security Agreement with Iraq which basically turned the Security over to the Iraqis. On June 30, 2009 the US forces moved out of the cities as well. Therefore, getting witnesses to the Court is virtually impossible. Also, many of these cases are old and so therefore trying to track these witnesses down is like trying to find a needle in a haystack. So, ulitmately most of the cases I bring before the Court will not lead to conviction. We do get dention orders which will ultimately lead to an easier transfer of our detainees to the Iraqis.

Some more reading about CCCI

1.Moss, Michael (2006-12-17). "Iraq’s Legal System Staggers Beneath the Weight of War". New York Times. http://www.nytimes.com/2006/12/17/world/middleeast/17justice.html?ex=1324011600&en=7fa73a4895399700&ei=5090&partner=rssuserland&emc=rss. "