New York Sun
January 28, 2005
Allawi Runs With Alleged Baathists
BY ELI LAKE - Staff Reporter of the Sun

WASHINGTON - As Iraqis prepare to head to the polls Sunday some of the
candidates on the ballot may be disqualified from holding office due to
their prior connections to Saddam Hussein's government.

On January 11, the deputy of Iraq's Debaathification Commission, Jawad
al-Maliki, submitted the names of 15 people running on Prime Minister
Allawi's 221-person slate that he said cannot run for office because they
were barred under the lustration procedures of the transitional
administrative law.

Mr.al-Maliki is a member of the Dawa Party, which has fielded candidates as
part of the United Iraqi Alliance, a slate comprised largely of religious
and secular Shiite leaders that is expected to win the most seats this
Sunday.

The campaign leading up to the national assembly election has been marred by
terrorist violence. Yesterday, Al Qaeda affiliate Abu Musab al-Zarqawi
released a video showing the beheading of Mr. Allawi's secretary, Salem
Jaafar al-Kanani.

"We did not get these names until very late," a senior official with the
Debaathification Commission told The New York Sun. "But Allawi's list has
many senior Baathists. We checked the names."

The official, who asked that his identity not be disclosed due to recent
threats, said the commission has received no response so far from the higher
independent commission for elections in Iraq other than a signed form from
the suspected candidates pledging they were not senior members of the Baath
party, Saddam Hussein's regime, or engaging in espionage activities on
behalf of Iraq's old intelligence services. All candidates in Sunday's
election must sign such a form.

The candidates mentioned in the letter from Mr. al-Maliki include Nizar al
Hazairan, the 10th name on Mr. Allawi's al-Iraqiyya list. According to the
commission, Mr. al-Hazairan was a top-ranking Baath party member and a
member of Iraq's Parliament under Saddam's rule. He was also a top sheik of
the Azza tribe in the Diyala province, an area rife with insurgent violence.
The seventh person on the Allawi list, Rasim al-Awwadi, was also mentioned
in the letter as having been an informer for the Iraqi intelligence service
while he was in exile in Jordan.

Ministers close to Mr. Allawi have been accused in recent weeks of covering
up their Baathist ties. For example, the commission has looked at the case
of Adnan al-Jenabi, a minister without portfolio in the interim government
who is the fifth name on Mr. Allawi's list and manager of the slate's
political campaign. According to officials familiar with the investigation,
Mr. al-Jenabi was chairman of the oil and energy committee of Saddam's
Parliament in the late 1990s, the height of the U.N. oil-for-food scandal.

The leader of the Iraqi National Congress, Ahmad Chalabi, has accused Iraq's
defense minister, Hazem Shaalan, of being a Baathist agent as recently as
2003. For publicizing these charges, Mr. Shaalan threatened to arrest Mr.
Chalabi and send him to Jordan to face charges leveled by a military court
for his role in the collapse of the Petra Bank. Mr. Chalabi is the nominal
head of the Debaathification Commission.

Mr. al-Jenabi's cousin, Saad al-Jenabi, was also mentioned by the commission
as having been an informer for the Iraqi intelligence services while living
in exile in America as recently as 1998. Saad al-Jenabi tops his own slate
of candidates for the national assembly.

The Debaathification Commission researches former regime officials based on
old government files uncovered in the first weeks and months of the war by
Iraqi militias including Mr. Chalabi's Iraqi National Congress and Peshmerga
militias loyal to the two major Kurdish parties. Last year the Iraq Memory
Foundation, the organization run by human rights activist Kanan Makiya,
agreed to share documents it has found and is now analyzing. The commission
does not, however, have access to the trove of documents found by the
American military in Operation Iraqi Freedom, which are to this day in the
custody of the American embassy in Baghdad.

The Debaathification Commission was created to formalize a process of
appeals to the coalition provisional authority's original debaathification
order. That order said that any member of the old Baath party senior enough
to have had to inform on his neighbor would be barred from the new
government.

The panel has come under criticism by some who have said it would be easy to
forge incriminating proof against the political opponents of those doing the
vetting. Last spring, a former CIA analyst and noted author, Kenneth
Pollack, told the Senate Foreign Relations Committee that he suspected Mr.
Chalabi was forging documents and recommended the American military demand
that the Iraqi leader hand over those documents he had stored away.

A former deputy defense minister of Poland, Radek Sikorski, told the Sun
yesterday his experience in the Polish transitional government tells him it
is very difficult to forge intelligence documents. "The way the security
services work is that everything was written down and the files are in
multiple locations," Mr. Sikorski said. "It is very hard to invent files
from scratch. This is a different issue from whether the offices were
writing down the truth as they saw it."

A former senior American adviser to the coalition provisional authority told
the Sun this week that he did not suspect the names generated by the
commission in his tenure were based on phony documents. "There were times
that I thought the documents did not tell the whole story. A lot of times a
name will appear in an intelligence file and it does not mean anything."
Upon taking power Mr. Allawi tried to disband the commission because he said
it was too aggressive and at the time was courting former Baath party
members in the hopes of persuading them to leave the insurgency. Also
complicating the matter was that its first director, Mithal al-Alusi, was
wanted by Interpol for his role in taking over the Iraqi embassy in Berlin
in 2002.

Over the summer, Iraq's Shura Council ruled that Mr. Allawi could not
disband the panel. Nevertheless, Mr. Allawi distributed credentials for only
50 of the commission's 250 employees, making it impossible for four fifths
of the commission to get to work inside the heavily guarded green zone in
Iraq, where the commission's headquarters is located.

"Because there are not proper vetting processes, Mr. Allawi identified the
problem as too many people being thrown out of jobs," the director of Middle
East and North Africa program for the International Center for Transitional
Justice, Hanny Megally, who is also a former regional director for Human
Rights Watch, said in an interview yesterday. Mr. Megally worked in the
1990s on analyzing the Iraqi state documents that proved Saddam's
culpability in the 1988 gassing of Halabja and the Anfal campaign against
the Kurds.

In reaction to the perceived excesses of debaathification, Mr. Allawi tried
to create a new system that in Mr. Megally's view set the bar too high for
who could be purged from the new government. "The interim government said,
'unless there is clear evidence of past involvement in abuses or corruption
then they should be allowed back.' In the last six months you have a system
where people are being brought back in reaction to debaathification."

The rebaathification of Mr. Allawi's government may explain a devastating
Human Rights Watch report released this week that found Iraqi jails were
shocking prisoners on their earlobes and genitals, suspending them from
ceilings, and kicking and slapping prisoners while they were undergoing
under interrogation.

A spokesman for Mr. Chalabi said that he expects the new government that
will be selected by the assembly elected this June would rigorously pursue
debaathification in general. "The commission will continue its work.
Debaathification is one of the most critical issues for the majority of
Iraqis," Entifadh Qanbar said yesterday.

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