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Iraq: A Federal Judge's Point of View

Posted by Bonnie on 9/17/03 at 14:27 (130356)

Iraq: A Federal Judge's Point of View
By Judge Don Walters

Last Wednesday night, I attended a lecture by Judge Don Walters,
a federal judge from Shreveport, LA., who was asked to serve as
part of a 12 man team in Iraq to evaluate their justice system.
It was most interesting, and afterwards, I asked if he had a
book or a recording of any of his lectures. Since he did not,
he was generous enough to give me his notes from the evening.
For those of you interested, I will give you a slightly abridged
version of his lecture which I found difficult to cut down due to
its wealth of information.


I really am not into public speaking as I am sure you are about
to find out. But my adventures in Iraq taught me something that
I would very much like to share with you. I have been fortunate
over the past 5 or 6 years to get to such exotic places as Bosnia,
Jakarta, Indonesia, and Morocco. But, Iraq is my swan song. First,
I am too old for such adventures, and second, Charlotte (my wife)
won't let me. In mid-April, I got a call from DoJ asking if I
would be willing to go to Iraq for up to 3 months to evaluate the
justice system and make recommendations. When I went home,
Charlotte said without a pause, 'how could I possibly tell you, no?'

Let me begin with a disclaimer, I was in Iraq for fewer than 40 days,
I was in Baghdad for a little over three weeks and in the three
provinces of the far south for two weeks. I am limited in what I saw
and heard. Needless to say, the opinions are my own. I want to make
it clear that, initially, I vehemently opposed the war.

The team of 12 that went to Iraq was to access the judiciary and to
make recommendations for the future. We were sent too soon and without
sufficient planning and forethought. Accordingly we were forced to
play our part by ear. Ultimately, we were successful. No thanks to
the civil authorities in Washington or Iraq.

We were divided into 4 teams. We were the southern team: Mike Farhang,
an AUSA from Los Angeles, Harvard Summa Undergraduate, Harvard Law
Review, Linguist, 5 languages including Arabic; Rich Coughlin, Federal
Public Defender from New Jersey, who abandoned his wife and 23 month
old daughter to volunteer for this; and me. We were accompanied by an
interpreter and protected by what I called our 'minders,' four Iraqis
well-armed with 9mm hand guns and AK47's.

During the first two weeks, we talked to a few hundred Iraqis and
interviewed about 60 judges. Our help came from our Danish colleagues
and the First Armored Division (UK), not from the civil authorities -
OPCA, Office of the Provisional Coalition Authority,
(formerly ORHA), Ambassador Brenner's group.

Despite my initial opposition to the war, I am now convinced, whether
we find any weapons of mass destruction or prove Saddam sheltered and
financed terrorists, absolutely, we should have overthrown the Baathists,
indeed, we should have done it sooner.

What changed my mind?

When we left mid June, 57 mass graves had been found, one with the bodies
of 1200 children. There have been credible reports of murder, brutality
and torture of hundreds of thousands of ordinary Iraqi citizens. There is
poverty on a monumental scale and fear on a larger one. That fear is
still palpable.

I have seen the machines and places of torture. I will tell you one story
told to me by the Chief of Pediatrics at the Medical College in Basra. It
was one of the most shocking to me, but I heard worse. One of Saddam's
security agents was sent to question a Shiite in his home. The
interrogation took place in the living room in the presence of the man's
wife, who held their three month old child. A question was asked and the
thug did not like the answer; he asked it again, same answer. He grabbed
the baby from its mother and plucked its eye out. And then repeated his
question. Worse things happened with the knowledge, indeed with the
participation, of Saddam, his family and the Baathist regime.

Thousands suffered while we were messing about with France and Russia and
Germany and the UN. Every one of them knew what was going on there, but
France and the UN were making millions administering the food for oil
program. We cannot, I know, remake the world, nor do I believe we should.
We cannot stamp out evil, I know. But this time we were morally right
and our economic and strategic interests were involved. I submit that just
because we can't do everything doesn't mean that we should do nothing.

We must have the moral courage to see this through, to do whatever it
takes to secure responsible government for the Iraqi people. Having
decided to topple Saddam, we cannot abandon those who trust us. I fear we
will quit as the horrors of war come into our living rooms. Look at the
stories you are getting from the media today. The steady drip, drip, drip
of bad news may destroy our will to fulfill the obligations we have assumed.
listen to and read is highly selective. Good news doesn't sell. 90% of the
damage you see on tv was caused by Iraqis, not by US. All the damage you
see to schools, hospitals, power generation facilities, refineries,
pipelines and water supplies, as well as shops, museums, and semi-public
buildings (like hotels) was caused either by the Iraqi army in its death
throes or Iraqi civilians looting and rioting.

The day after the war was over, there was nearly 0 power being generated
in Iraq. 45 days later, 1/3 of the total national potential of 8000 MW is
up and running. Downed power lines are being repaired and were about 70%
complete when I left. There is water purification where little or none
existed before...this time to everyone. Oil is 95% of the Iraqi GNP. In
order for Iraq to survive, it must sell oil. All the damage to the oil
fields was done by the Iraqi army or looters. The 14 story office building
of the Southern Iraq Oil Company in Basra was torched by Baathist,
destroying all of the books, records and computers of the company. Today,
the refinery at Bayji is at 75% of capacity. The crude pipeline between
Kirkuk and Bayji has been repaired, though the Baathist keep trying to
disrupt it. If we are doing all this for the people, why are they shooting
us? The general population isn't. By my sample, 90% are glad we came and
the majority doesn't want us to leave for some time to come, but there are
still plenty of bad guys, the Baathists who lived well under Saddam. The
thugs of the old regime still hope to return to power, and there are plenty
of them, mostly located in Sunni areas. Then too, Saddam, in the Ramadan
amnesty, let every murderer, butcher, rapist and violent criminal loose on
his own people. There are interests, including organized crime, with a
desire for anarchy and profit. There are disruptive forces from Saudi Arabia,
Iran and Syria. We saw poverty on a scale that I have never witnessed except
in pictures of Haiti. I saw one little girl: she was slender, very pretty,
about 5 or 6 years old, in a tattered dress with a broad red hem, part of
which was torn and dragging in the dirt. She would touch her heart and make
hungry gestures. She was duplicated a thousand times during the journey.
The poverty in Iraq is a sharp contrast to the lives of Saddam and his sons.
Saddam alone, not counting Ouday and Qusay and the leading Baathists, had 43
palaces. We are using several for civilian government. The one where OPCA is
located is the main republican palace occupying over 2000 acres. It is a
monument to narcissism, four 25 foot tall heads of Saddam decorate the front
of the palace, and his portraits and statues are everywhere. We went to a
second palace by the airport. It is surrounded by a lake which was created by
diverting the Euphrates water which limited agricultural irrigation downstream.
His palace in Basra was used by him only once I am told. Basra functions fairly
well except for the power. There are 6 lines into the city, but it does not
have a standard power grid. Saddam used power and other essentials as a method
of punishing a city of 3 million! He would cut power for days to punish them.
When I tell you the temperatures there, you will understand how bad that was.
I am told that in high summer, it will hit 155 degrees, even 160! He has made
no investments in this area which is overwhelmingly Shiite. He has few friends
there. Consequently, it is easier for the Brits to govern, unlike Baghdad. And
they are doing a good job of it.They are doing it at the moment by using pre-
war personnel, perhaps contrary to Brenner's de-Baathification order. The
problem with Brenner's policy is that it removes almost all of the people who
ran the country. The Brits have been pragmatic: they have largely left the
judges and police in place and are removing them as they see the need and they
are able to train and replace the bad ones. That was our problem in Haiti, we
trained a police force but did not put the judiciary in place so that the jails
just filled up and then overcrowding forced criminals out. And the Haitian
police have largely quit. (Ouday had a solution to overcrowding, when he
received a complaint of overcrowding, he went to the prison and personally shot
every 3rd prisoner.) We want to keep Iraq a secular state, and that will present
some difficulties as there is no real concept of separation of church and state
in Islam. Attaturk was a true revolutionary where this was concerned. The tribal
and sahria (religious) courts are functioning, and if we don't get a move on,
they will replace the civil and criminal courts. I find it difficult to explain
how differently they think. I remember telling Mike, 'I don't think we are on
the same page with this fellow.' Mike said, 'Don, I am not sure we are in the
same library.' For a large percentage of the Iraqi people, and they are most
adamant, family and tribe are everything, religion and state are one and the
same. That they don't understand us is our biggest problem in the middle east.
They perceive our way of life as a threat to theirs,...and it is. They fear
the modern world is about to run over them, destroying family life as they know
it, educating and freeing their women, forbidding honor killing...coca colas,
jeans, lack of parental respect and respect for the old ways and religion. And
to defend their way of life and their religion, they will die with the same
fervor with which the Christians marched to the lions. In their fear of western
life, some will fight and kill us; but I remain convinced that the majority want
a secular society and the best that the west has to offer. We are not hated by
everyone. Of the hundreds I talked to, the overwhelming majority thanked us for
being there. Hundreds of adults and children on the roads waved and smiled as
we passed by. We went to the law school with about 300 students, about ten of
whom were female. There we were, three Americans and they wanted us to fix
their school and they thought we could. They thought Americans could do anything.
They were like children expecting the genie from the bottle to immediately
gratify their needs. The law students were the finest example of hope that I
encountered. They told me that the future was theirs and that they needed and
wanted our help. I believe we should be paying more attention and giving greater
effort to restoring higher education. These law students are the immediate future.
When we met with them a week later, they had formed a protective association, a
bus for transportation, found a disused grammar school for classes, and got their
assistant dean to round up some professors who were teaching them. Still they
need help and I am trying to get some help for them from our law schools. LSU has
refused, Seton Hall and Rutgers have promised to help; I have not contacted Tulane,
Loyola or Southern yet. Upon returning to Baghdad, I went to the Ministry of
Justice to review the situation in the south. I took advantage of the situation
and said the following: 'I have read a little of your history. I know you are a
proud people who have risen from the ashes in the past, so I must tell you that I
am saddened and disappointed. I have talked to hundreds of you over the past
five weeks, almost everyone educated and privileged. What I have heard is what you
want from us, how the Americans have to fix this and give you money and equipment,
protect you from you own. The only adults planning on the future were those law
students in Basra who had lost everything - their books, their desks, their
records, their school. And they were doing something about it on their own. You
need to do some of these things for yourselves. If you are depending on us to do
everything, you are going to be sadly disappointed.' I got a few nods from the
judges, but the translator said to me: 'Thank you. I have been waiting for someone
to tell them that.'
Our soldiers, God love them and keep them; they smiled every time I got a chance
to talk to them. They want to come home, but I did not hear one word of complaint
nor a question as to why they were there. This is boring, HOT, dirty, and
dangerous work. They stand in 120 plus degrees in full body armor. They are amazing.
Their entertainment was largely self-generated; boredom doesn't stop when they
stand down. Write a letter, send a note or email; send a book, cd, tape, or
magazine; do something.

Thank you.

Submitted by:
Barbara Bessent

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