Judge's sacking fans HR concerns

Published October 19, 2004

BAGHDAD, Oct 18: One of Iraq's leading judicial champions of the rule of law was sacked on Monday, fanning concerns the US-backed government is adopting strong-arm tactics reminiscent of the old government.

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 said.

"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 authority that originally tasked Mr 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 Mr 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 paralysed, he added.

But once Iraq regained its sovereignty in June, his investigation ground to a halt as the resistance 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 ntensified.

"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.

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.-AFP

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