Page 1 o£2 61/llf- '31... Bremer, Paul From: l(b)(6) Fol Sent: Thursday, November 13, 2003 2:56PM T o: Bremer, Paul Cc: Subject: FW: AI Ja.zeera in Hillah Sirs - FYI below Vr jsn Gentlemen, Several criss-crossing email trails have zinged across my screen \his moming, focused on the AI Jazeera reporter in Hilfah. First. our PMO shop confirmed that we do not have the man In custody. ~C.) TheJ(b){6)lsent up this detailed account of the detainee, complete with whet appears to be a confession. MAJ({ii}:}ounds like the right, authoritative POC... . vr.l(b)(6) r - -- -original M~e- --- From : l £hl£~ I - 5e o+• rh .. rc~~~ ·1"2 '1N'I'll11·tt ... T o l(b )(6) I •r •lh ""' 1)16) t UbJect: AJ Jazlrah seriOUs situatiOn" - Gentlemen, Please find attached proofthad{b)(6) lthe man arrested for participation in terrorist operations against the coalition and Iraqi officials IS/IS anAL JAZEERA employee. I have attached the original Arabic document and a translation which indisputably documents this fact. l have also attached a translation oft he case BABEL authorities are documenting [excuse the choppy translation.[fu)]is doing her best]. l also have the written statements from Sattar acknowledging his connection with AI Jazirah [scanned docs, too large to send but working to make them smaller but readable). Also attached is the FBIS article stating the denial of the AI Jazirah Baghdad Bureau Chief, for reference. herP is :m exeemt: ·. Page 2 of2 AI-Jazirah Baghdad Bureau chief has denied any links with a correspondent who was arrested by the occupation forces in Babel on charges of ~[glnatjng recent ~fb~nd bombing operations in Baghdad. AI-Jazirah Bureau chief ) lto6 hhat there is no person by the name d£b)(6) Working for AI-Jazirah and that it has no media offices in the aforementioned governorate. ~remains in custody of the Babel authorities. AI Jazirah has tried to get him out, I have instructed the Judge/Police to NOT/NOT release him without consulting with me personally. Anyway, he is unlikely t~ased at all. What I was worried about was a bribe coming from al jazzier. The governo~. as usual, pledges full cooperation, and instructed his administration likewise. I don't think a charg·e like this needs any further comment. j(b)(6) I what ~o you need? ~~~-:r·:·AJ. (USNFAO) Senior Political Advisor to lhe Regional Director ~~j{~j"" Cm••• u;u. ••• ll{~) 11/14/2003 Mr. Prosecutor Deputy Hilla Court oflnvestigation Judicial Inspector Department In the Province November/ 4/2003 l.Our police group brought the accusedl(b )( 6) I because he is suspected in participating in act of blasting. His speech is written and he admitted that be met Syrian Fedayeen (lfhV6\ I and ( l(b)(6) J and they asked him to make his office in AI Mahmodeya as a headquarter. They asked him to recruit people who do the blasting. He works for AI Jazeera Channel. He admits also that the two persons mentioned above had exploded many American tanks, they have an organization, they are armed and they intend to fight coalition forces. I order you to take a decision about his punishment, please. 2. A paper belonging to the accused is found. There is a code written in it. The accused explains the code M 82+ T 24 = 200. It means mortar 82 millimeter+ 24 tuft = The price is twenty thousand Dinar. And so on. We found also two letters written by his (the accused) hand to AI Jazeera Channel. They contain information concerning 10 operations against coalition forces. I xdr you to jssue r order to arrest & investigatq(b)(6) I& lln: '1'1>! Coal i ti011 Provi.~> . i . onal 1\uthor i ty lllt-1 ~1 ) SI: Htl:: 00:25:50 lliOSI2003 l·'.OIIN'' . I 'nt~l'DF.:r W/\S.I\ltlG'I'ON DC'; •:n•:c:r. !'I'I\Tf: W/\fHII!-11;'1'01~ DC'; 'N/\TIOI~/11, m·:r:IJHJ'l'Y "' 'l'•.l 1\!illltiC.;TOtl IJC ' P r r : cf~dent:£~: lnunmUate Cc : 'lRI\Q COl.Ll":C'I'tVI·: ' c:, : l'rtH.:F!fiCIIC O : Immediate :;tJh_iHr;l.: Cf:NTR/11, CIUMIN/\1 . • C0llll1' OF J HIIQ Mr·~: ;:;ngt! 'l'yr;r: Ot.hr.r-Orqanizal.iorwl • F :xl.ender.l llul.h : 21:25:00 1LIO~I2003 (IJ 'I'C: ) 00;/.5:00 UIO~il2003. (C:I i.ent/I..or:all ~iP.Cll r :; l y: ·~h.i:. messagl! hfls been tr .\ u:u mw·r~ ; u: jl D L GJ 1\\1'1 ' 1101\. 1 ~Ell: l..l'UI\EHER t LI:':IIIIF.:O: .... l(b ........ )(...,6u)'-------------------' Fl1: m:/\JlQIIIIf\'n:HS CO/Il, J1' ION l'I\ClV I SJONIII , 11111'11011 I 'I'Y '1'(): ~:F.; •. :u ~;~· W/ISIIDC ~il·:t:::•J' /\'1' 1": Wl\:.illlll.: H!;C ~111: :11 II!': 1\ll<:tiH/11; lH IIQ l: OI_. I.F. 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OF Till-: 511 11\1\0l COUH'l'S OF ALL 'l'Yl'~:S AHF: HJNC'l'lONINC: HI OVER 100 •:olli\'I'IIOIJS~:t:, 1\Nll 111 ll lH/\0! ,JUDGES liND .PIHl81•:Cll'l'Ol\S CIIHIH:N'l'I,Y WOHK 1 N 1'111-:ST,; COIIHTfl. (NO'I'f.: TO DA'l'E, TilE JIJOlCI/\L HI~VJF:W COMMIT'!'!'." (,11\C) 11/\:; Vlo:TTEIJ /\Pl'HOXlM/I'J'E:t,Y 11/\LF OE' 'l'JJE JUDGES ANI) 1'1\0!>IO:CU'J'()H~l. 'I'JII·: ,JJlC liAS HEMOVED 92 JUDGES AND PROSECUTORS. 'l'IIE ,TRC WlJ,J. l:lEGlN HI': 1 Nf3'fA'I'EME:N"I' IIF.,/\RI NGS FOR 132 JIJDGF.S liND PHOSECO'l'OHS '1'11/\'1' W~~HI•: IILStHSSr:D IlNDER 'I'm: PRBVIOUS HEGIME. E:ND tiO'rE:) SINCE Till~ l:n:GHIN LN\; CW 'I'm: OCCUPA'I'lON, WE I>NJW:Rn'I'/\ND 'l'IIA'l' JH/\QI CHIHJNI\1. COUR'I'S lt/\VIO: IIE/\HIJ OVEH 300 C:/\SI,S, INCWDING OVER 70 F'J>l.ON'i Clll:ll'~l. ll't' ?Hi II .. UNCLASSIFIED/I I .f-' l, I' I .... '~ I .•• COALITION PROVISION/\L /\UTIIOI~ITY BI\(HIDAD ACTION MEMO November lO, 2003 FOR: THE ADMINISTRATOR FROM: Office of General Counsel SUBJECT: Rcfcml of Investigation of AI Jazecra Joumalist to Cent.ral Criminal Court of lraq This memorandum seeks referral of a criminal investigation to the Central Criminal Court of Iraq (CCCI), llUI'suant to CPA Orde1· No. 13, section 20. • On 3 November 2003, a joumalist with the AI Jazeera news network was apJnchendcd at the scene of an attack on the Iraqi Civil Defense Corps in Baqouba, Northeast of Baghdad, in which two Iraqis died. The journalist was held on suspicion or advanced notice of the attack. • The journalist was at the site and filming before any Coalition or Iraqi Police personnel arrived. The allack occurred at around 0747 and examination of his cell phone indicated he had dialed a number at about this time. He was !tlso in possession of ant-coalition propaganda. • AI Jazeera claim they have witnesses to support the journalist's claim that he was at his home when ,the attack occurred. The alleged crime was associated with acts intended to destabilize government institutions inlraq and meets the critcri•• for referral to the CCCI. • The evidence at this point is inconclusive and the matter therefore requires further investigation by a CCCllnvestigative Judge. RECOMMENDATION: That this matter be referred to the CCCI for investigation and trial. Approve: ~{ 4 0 Disapprove: Approve with modification: ATTACHMENTS: None COORDrNA TION: Ministry of Justice, Strategic Communications UNCLASSIFIED COALITION PROVISIONAL AUTHORITY BAGHDAD ACTION MEMO . November 10, 2003 FOR: THE ADMINISTRATOR FROM: Office of General Counsel SUBJECT: Referral oflnvestigation of AI Jaieera Journalist to Central Criminal Court of Iraq This memorandum seeks referral of a criminal investigation to the Central Criminal Court of Iraq (CCCI), pursuant to CPA Order No. 13, section 20. • On 3 November 2003, a journalist with the Al Jazeera news network was apprehended at the scene of an attack on the Iraqi Civil Defense Corps in Baqouba, Northeast of Baghdad, in which two Iraqis died. The journalist was held on suspicion of advanced notice of the attack. • The journalist was at the site and filming before any Coalition or Iraqi Police personnel arrived. The attack occurred at around 0747 and examination of his cell phone indicated he had dialed a number at about this time. He was also in possession of ant-coalition propaganda. • AI Jazeera claim they have witnesses to support the journalist's claim that he was at his home when the attack occurred. The alleged crime was associated with acts intended to destabilize government institutions in Iraq and meets the criteria for referral to the CCCI. • The evidence at this point is inconclusive and the matter therefore requires further investigation by a CCCI Investigative Judge. RECOMMENDATION: That this matter be referred to the CCCI for investigation and trial. Approve:(!Jh Disapprove: . Approve with modification: ATTACHMENTS: None COORDINATION: Ministry of Justice, Strategic Communications UNCLASSIFIED COALITION PROVISIONAL AUTHORITY BAGHDAD ACTION MEMO November 10, 2003 FOR: THE ADMINISTRATOR FROM: Office of General Counsel SUBJECT: Referral of Investigation of AI Jazeera Journalist to Central Criminal Court of Iraq This memorandum seeks referral of a criminal investigation to the Central Criminal Court of Iraq (CCCI), pursuant to CPA Order No. 13, section 20. • On 3 November 2003, a journalist with the AI Jazeera news network was apprehended at the scene of an attack on the Iraqi Civil Defense Corps in Baqouba, Northeast of Baghdad, in which two Iraqis died. The journalist was held on suspicion of advanced notice of the attack. • The journalist was at the site and filming before any Coalition or Iraqi Police personnel· arrived. The attack occurred at around 0747 and examination of his cell phone indicated he had dialed a number. at about this time. He was also in possession of ant-coalition propaganda. • AI Jazeera claim they have witnesses to support the journalist's claim that he was at his home when the attack occurred. The alleged crime was associated with acts intended to destabilize government institutions in Iraq and meets the criteria for referral to the CCCI. • The evidence at this point is inconclusive and the matter therefore requires further investigation by a CCCI Investigative Judge. RECOMMENDATION: That this matter be referred to the CCCI for investigation and trial. Approve:(!Jh Disapprove: . . Approve with modification: ATTACHMENTS: None COORDINATION: Ministry of Justice, Strategic Communications UNCLASSIFIED 031/t2-I(R November ll, 2003 TO: THE ADMINlSTRATOR FROM: 1 ~6) IPressOffice THROUGH: )(6) I Director, Strategic Communications SUBJECT: AI J azeera Television A: What are our concerns? l. We have concerns both over AI Jazeera's coverage of Iraq, and over the conduct of its employees. These are shared both by CJTF7, the GC and Washington. They include: a) Unbalanced overall coverage (GC's main concern). Overall, the image projected by Jazeera is ofthe coalition acting imperiously, willfully harming (often killing) Iraqis, and facing popular resistance from ordinary Iraqi citizens. b) Broadcasting footage of armed and masked men/mujabldeen threatening jihad against the coalition, and claiming to represent ordinary Iraqis or their interests. c) Factually inaccurate and lnciteful reports, eg reporting that Muqtadah Sadr's house was surrounded during Dep Sec Defs first visit (June?), claiming summary execution and mutilation of innocent Iraqis by US soldiers in Ramadi (July). d) Unprofessional conduct or worse by Jazeera reporters eg crossing police or military lines, secreting tapes when ordered to hand them over (Rarnadi, September). e) Allegations of serious misconduct/Involvement in planning or execution of attacks (CJTF7's main concern). These concerns led to the drafting of Order 41. To date there have been 17 arrests of Jazeera reporters. Most allegations have proven unsubstantiated, which Jazeera claims is a pattern of deliberate harassment. But we currently have 2 Jazeera stringers in detention facing serious charges: 1 of prior knowledge (Saleh Hassan, in custody awaiting investigation by a CCC judge), and 1 of direct involvement in anti-coalition attacks in Mahmodia (Babil province). In addition, USG has other non-Iraq-specific concerns, especially: f) Being the primary sources of- and airing- UBL messages B: What have we done about it? 2. When the Governing Council sought to throw out AI Jazeera in September, we intervened and managed to persuade them to downgrade their action to a GC-limited, 2-week ban, while we upgraded our efforts to get Jazeera to change. We argued successfully with the GC that Jazeera should be given the opportunity to help itself first (for the reasons outlined below), and that any action that we did take should be gradated, and based on due process. 3. These efforts to engender change include: • dialogue locally with the Jazeera bureau • dialogue in Qatar with Jazeera senior management • dialogue in Qatar with Qatari government 4. We have made some progress to date, particularly on d) and e)- the two recent arrests notwithstanding: • The Jazeera bureau has fired some of the worst offenders • They have signed undertakings to fully respect Order 41 and other key principles • They have made their employees sign a code-of-conduct incorporating Orders 14 and 41 • They have instituted a training program for all their staff in Iraq. However, the dialogue in Qatar with both the Foreign Minister and Jazeera management was inconclusive on the other 4 concerns. C: Next steps 5. During the Doha talks 2 weeks ago, we urged the new Jazeera Managing Director (ex-Baghdad bureau chief) to visit Baghdad in the next week or two, with a firm message of what he plans to do to address our concerns (and emphasized that we need specifics, not generalities). This would lead into the next round of the US-Qatari Strategic Dialogue, due in Doha on 9 December. CPA should be represented at those meetings. 6. We recommend that we await the outcome of these meetings before deciding on any further .!!£!i!!!!:. Many ofthe downsides of more preeipitous action are set out below. But if the allegations facing either of the two Jazeera stringers currently in custody prove true, it is hard to avoid the logic of taking more immediate action against Jazeera in Iraq. D: Legal Basis 7. There are two possible broad legal bases for taking action against Jazeera: • International law: under the law of occupation, the occupying power has very broad discretion with respect to the handling of the media • Various provisions of the Iraqi penal code and CPA Orders (especially orders 14 and 41) Scott Castle has set these out in more detail in his note to you, which made clear that we have the ability to take action if we so chose. E: Extent of Action 8. If we decided to take action against AI Jazeera, we would need to decide: a) What action to take. Possible list includes i. Expelling foreign nationals working for J azeera ii. Closing all identified Jazeera offices iii. Seizing equipment iv. Banning use of frequencies to uplink material to Jazeera b) c) How long the action should last Whether the action is contingent on any behavior (and when it might be lifted) F: lmoact of Action on Jazeera•s coverage 9. Since AI Jazeera has the largest audience of any pan-Arab station, it clearly wants to be able to report from Iraq to maintain its credibility. So limiting the ability of AI Jazeera to be able to report from here would probably harm AI Jazeera. But we could never prevent all Jazeera reporting from Iraq, since we could not, for example, prevent Iraqi citizens from talking to AI Jazeera by telephone. Nor could we prevent Jazeera from getting material from other broadcasters with whom they have agreements (including CNN, BBC and other Arab stations). And viewers in Iraq (who receive the network via satellite) would continue to have access to the network's coverage (NB I am not aware of any technical means to prevent this, other than Saddam 's method). 10. And we could expect a subsequent hardening, rather than a softening of AI Jazeera's line. Part of AI Jazeera's credibility with the Arab audience comes from its confrontations with governments in the region. It could be expected to spin a ban as one more episode in its history of"speaking truth to power." The network's popularity has often increased after such incidents, in particular among the citizens of the country from which it has been banned. Whether it loses part of its wider audience due to an inability to cover Iraq in the absence of a news gathering operation would remain to be seen. E: Political Impact of Action Internationally II. Any action which we take must be on the basis of visible due process. Precipitous action, or action which could be portrayed as emotionally-, not factually-grounded would be damaging to us. Such action would be portrayed as conflicting with the President's commitment to democracy and freedom in the Middle East. And it would be that much harder to justify given that many other broadcasters (including Western broadcasters) are also unbalanced and critical in their coverage oflraq. It would be widely criticized by: • international press • Arab press • press freedom organizations • many governments- both Western and other . G: Impact of Action on relations with Oatar 12. This is clearly an important consideration, not least given the strat~gic importance of AI-Udaid to the mission here. H: Governing Council's role 13. The Governing Council already feels strongly about the strong and well known. If we are to conclude that banning AI Jazeera is warranted and serves our broader interests in Iraq, we should seek to have the GC take this decision, rather than the CPA. The GC would also prefer this. Any action by the GC would be portrayed by the press as contrasting with our aim of having a democratic and libertarian government in Iraq, in contrast to other governments in the region (many of whom have banned Jazeera from operating). But it would be easier for the GC to justify than for us, on the grounds tha\ their country is at stake and AI Jazeera has chosen the wrong side. COORDINATION: ._..l{b~X~6~)~____...b=en=er=al_,C=ou ...... ns ... e.._ ! ----, l(b)(6) Povemance D31/12-/(tJq TERMINATING AL JAZEERA'S ACTIVITIES IN IRAQ As a matter of law, the following authorities provide potential bases for seizing Jazeera equipment, shutting down its offices, escorting all foreign Al Jazeera employees to the border from which they entered Iraq and expelling them from the country: • Hague Regulations 1907. Article 53 of the Hague Regulations authorizes the CPA, as occupying power, to seize all property adapted for the transmission of news, even if the property belongs to private individuals. This authority does not require proof of the commission of any offense, and is not conditioned upon any particular security threat or incident. Instead, the authority recognizes the essentially military nature of information operations in an occupation. The CPA must restore property seized under this provision, and compensate owners, upon the cessation of hostilities. • Laws and usages of war. ·Arguably, AI Jazeera is willingly furthering the information operations of opposing forces and therefore could be neutralized as part of the Coalition's offensive information operations. This authority is based on the security and military necessity principles available under the law of armed conflict, including the law of occupation. Existing CPA Orders related to media content a~d conduct: o CPA Order No 14 regulates media activities by prohibiting the dissemination of material that directly incites violence. o CPA Order No. 41 clarifies that paragraphs 190 and 219 of the Iraqi Criminal Code apply to actions taken against the Governing Council, interim Iraqi Ministers, drafters of the new Iraqi constitUtion, CPA and Coalition Forces, (Paragraph 190 criminalizes the use of explosives to change the formation of the government. Paragraph 219 authorizes punishment of individuals who fail to notify public authorities of their foreknowledge of such an offense.) o Violations of either Order by AI Jazeera employees would provide a policy rationale to support termination of its media activities. Any decision to control or terminate media activities will trigger claims that such a decision-unless based on conduct, or communications that clearly incite violence--is antithetical to the ideals informing the restoration of Iraq's governance institutions. Such a decision would be most defensible if it were based upon behavior that is clearly distinguishable from other news organizations.