Minutes of the Transitional Justice Working Group Meeting

July 22, 2003

Discussion

The second Transitional Justice Working Group (TJWG) meeting of the Office of Human Rights and Transitional Justice (OHRTJ) was held on July 22, 2003.  Representatives from the following organizations were in attendance:  the Iraqi Jurists Association, the Iraqi Lawyers Union, Criminal investigative Division (CID), the Iraqi Human Rights Society, Babylon Human Rights Society, Minister of Human Rights from Erbil, Iraq Foundation, Iraqi Judges and Lawyers, Military Civil Affairs, and CPA representatives

The group took time to discuss the role of the TJWG and the Governing Council:  The Governing Council has established a subcommittee to address prosecuting past atrocities in Iraq.  The TJWG will debrief the subcommittee on activities of the TJWG and of the OHRTJ and develop a relationship to assist the governing council in this area.   

The group further discussed possible structures to address past atrocities, both for purposes of accountability and reconciliation.  The concept of a compensation commission for victims met and has continued to meet with overwhelming support. 

The group also debated the pros and cons of a national versus an international criminal tribunal.  The group strongly advocated for trials to be held in Iraq.  The group also strongly advocated that these trials must be seen by the international community, so that the whole world knows what happened in Iraq, and that Iraq is now a nation accountable to the rule of law.  The group also agreed that special courts, as structured in the previous regime would not be acceptable, the court structure, weather national or international must be transparent.  The group also agreed that if the court would be based on Iraqi law, there is a need to review and amend Iraqi law appropriately.  The TJWG will take on this review process.  Concerns over a domestic tribunal included: scope of Iraqi criminal law, security for court personnel, and impartiality of court personnel.  Concerns over an international tribunal included lack of sovereignty, high financial burden, and too few prosecutions.  There appeared to be strong, but cautious support for domestic based tribunal with strong Iraqi participation.   

The purpose for a tribunal was addressed.  The tribunal is for determining culpability with due process for the accused.  Courts are a forum for evidence, not an excuse for politics, emotions, or revenge. 

The group also had concerns with any tribunal’s capacity to try all the criminals of the previous regime.  The group agreed that alternate forums will be necessary, such as compensation commissions, truth commissions, and community based initiatives such as memorials. 

The group also briefly debated the role of religious leaders as magistrates for determining administrative sanctions and/or compensation. 

The group agreed that international assistance would be necessary in the form of training and advising.  There was not agreement or a strong advocate for international judges and prosecutors, thought the group believed that internatinal investigators and forensic teams are essential to the effort of achieving justice, both through evidence collection and identifying human remains. 

Calls for initiatives: 

• The group also advocated the creation of a Human Rights Commission. 
• The group also wants to annul diplomas given by the regime for political purposes. 
• The Iraqi Lawyer’s Union has submitted a concept paper for a compensation commission.    

Report from the OHRTJ:

• Funding has been approved to bring in forensic teams and international investigators.  The OHRTJ will bring in these teams in the coming weeks.
• The OHRTJ is also developing a centralized system for gathering the massive amounts of evidence throughout the country of Iraq.
• IOM continues is work in developing an Iraqi Property Reconciliation Facility throughout Iraq.  Already, IOM has located sites for 4 offices and has developed the claims form. 
• The OHRTJ also welcomes the addition of Tom Parker, an experienced ICTY investigator; Brad Clark, an experienced prosecutor with military background; and Sermid Al-Sarraf, an Iraqi-American who has worked closely on the Future of Iraq program.
• The OHRTJ will complete a Transitional Justice Report in the next few weeks and will also hold a Transitional Justice Workshop on 4 August.

TJWG Meeting, OHRTJ

22 July 2003

Agenda:

• Introduction of Transitional Justice Working Group members

• Last Week’s Minutes

• OHRTJ and the Governing Council

• Overview of Current OHRTJ activities in Transitional Justice

• Incoming OHRTJ Forensic and Investigative Teams
• Evidence Collection
• Property Reconciliation Process
• OHRTJ visit to Hilla
• Iraqi Jurist Association
• Transitional Justice Assessment

• Transitional Justice Workshop

• Review of Proposals and Recommendations

• Set Agenda for next meeting