Arctic Wolves fight for justice

Photo By Master Sgt. Opal Vaughn | Capt. Brian Brooker, a Judge Advocate General Attorney with Headquarters Headquarters Troop, 1st Stryker Brigade Combat Team, 25th Infantry Division and local Iraqi national judges discuss the cases of several detainees being held at the Khamees Detainee Facility in Djilas, Iraq, Dec. 12.  

12.12.2008

Story by Spc. Opal Vaughn  

14th Public Affairs Detachment

By Spc. Opal Vaughn
14th Public Affairs Detachment

The Judge Advocate General, 1st Stryker Brigade Combat Team, 25th Infantry Division, visited the Khamees Detainee Facility in Djilas, Iraq, Dec. 12, along with a group of local Iraqi judges, in an effort to ensure justice for all.

Hungry for action and for results, the Arctic Wolves JAG and a group of Iraqi judges have spent the last three weeks deliberating the continued detainment or release of over 500 detainees held at Khamees.

"Baghdad put together this delegation of local Iraqi national judges, junior investigators and investigative judges," said Capt. Brian Brooker, a JAG Attorney with Headquarters and Headquarters Company, Brigade Troops Battalion, 1st SBCT, 25th Inf. Div. "They are not trying cases, they are not deciding the guilt or innocence of the detainees, they are deciding the disposition of the case."

November 2008, Col. Burt Thompson, brigade commander, 1st SBCT, 25th Inf. Div., toured the facilities to assess the conditions. Following this, brigade physicians and dentists assessed the detainees, after which each detainee was given a blanket and a kit of personal hygiene products.

This visit addressed two major issues for Khamees; medical attention for detainees and ensuring the facility meets health standards. Most problems found at the facility were sanitation problems with living quarters, food and water supply and overcrowding. Even though the Iraqi government, jointly working with Coalition Forces, has fixed the sanitation and supply problems at Khamees, one issue still remains.

Overcrowding has been one of the biggest issues at the facility. "Many detainee individuals have been here many months," Brooker stated, adding, "some for up to a year and have not seen a judge yet. They are suspected of crimes but they have not had their day yet in court to say whether or not the detainee is guilty or innocent."

The detainees just sit and wait, according Brooker, and that is why the JAG, 1st SBCT, 25th Inf. Div. team and group of Iraqi national judges have teamed together to ensure every detainee's case has been, or will be seen, and each detainee is either sentenced or released. "This is still pre-trial and they are just sitting here and sitting here and sitting here, because no one is processing these cases," Brooker added.

Usually a detention facility is a temporary holding facility where the detainees are kept for about a month, according to Judge Saad, one of the Iraqi national judges tasked with deliberating the case files of the detainees at Khamees. In this pre-trial stage, detainees are run through a court process to determine if the detainee is going to be incarcerated long term, and if so, then it's going to be within an Iraqi national or state facility, Saad stated.

"It's a human rights issue as far as keeping so many people in an overcrowded prison," Brooker stated. "Khamees has become a long term facility and a very overcrowded facility where they house over 500 people and they are only capable of housing 100 people. What has happened is the Iraqi prime minister became aware of this problem at Khamees and so he gathered local Iraqi officials along with coalition forces to delegate and alleviate this problem," Brooker stated.

On staff to ensure justice is served are Abrahim Jassim Mohammed, Ministry of Justice, Hatim Almassody, Diyala Judge, Gazy Jalil Abd, General Attorney, Judge Hussain, Head Judge and Judge Saad. "These guys are slowly working each case and have gone through and made a decision for each case and how the individual will be sentenced," Brooker added.

"When we initially came out to Khamees we brought this issue up and the Iraqi government has been very responsive to making the adjustments to fix the problem," Brooker stated. "We don't want people just sitting around waiting for something to happen. We want to ensure everyone receives a fair process."

Fair process ensures Iraq has an unfettered justice system, "A lot of the times, in America, we have criminals who are sentenced and we as Americans feel maybe they did not get the justice they deserved or maybe the punishment was too severe," Brooker stated. "But in Iraq, as imperfect as it is, most criminals are justly served. It is understood the government of Iraq needs assistance but we also understand it is their system and we are just here to assist if need be." According to Brooker, if America is to pull out of Iraq, Iraq must be fully functioning and have a judicial system that works properly.

But why should American's care, Brooker asked himself?

"Going back to the American Revolution," Brooker starts to say, "There was the Boston Massacre in which British troops fired on and killed a lot of the American colonists at the time. John Adams was the only man to stand up and volunteer to be the defense attorney for these Soldiers; he got a lot of flak for it too though. Why did he do that?" Brooker questioned.

"We wanted to develop a fair system. We wanted to give judicial process to even the enemy. Fast-forward to today. There are many detainees here who have committed horrible acts but we want to give them judicial process because, just like John Adams, it makes us better people if we do the right and fair thing," Brooker stated.

Giving Iraq an edge to stand on its own is the ultimate goal for coalition forces and Iraqi government leaders, and Brooker agrees. "We want to ensure that before we leave, the government of Iraq has a fully functioning judicial system," Brooker stated.

• Date Taken: 12.12.2008
• Date Posted: 12.15.2008 09:32
• Story ID: 27696