Order 99: Joint Detainee Committee

by L. Paul Bremer

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 99

JOINT DETAINEE COMMITTEE

Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA)
and under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolutions 1483 (2003), 1511 (2003) and 1546 (2004),

Noting that prison facilities across Iraq were largely destroyed as a result of the acts of
the former regime and are not currently capable of providing a safe and secure
environment for the pre-trial confinement of many detainees,

Noting further that, as an interim measure, the Multinational Force maintains safe and
secure facilities for the custody of certain numbers of security internees and criminal
detainees,

Affirming the importance of properly implementing the authority of the Multinational
Force under U.N. Security Council Resolution 1546 (2004) to take all necessary
measures to contribute to the maintenance of security and stability in Iraq in accordance
with the letters annexed to that resolution,

Acting in accordance with the consultations between the Coalition Provisional Authority
and the Iraqi Interim Government,

I hereby promulgate the following:

Section 1
Purpose


This Order provides a mechanism for facilitating the partnership between the
Multinational Force-Iraq (MNF-I) and the Iraqi Interim Government (IIG) on all
matters relating to the management of, and the formulation of policy regarding,
security internees and criminal detainees in the custody of the MNF-I. It is designed
to ensure that detention operations comport with applicable law and human rights
standards.

Section 2
Joint Detainee Committee


1) There shall hereby be established a Joint Detainee Committee (“Committee”), which
shall be composed of representatives of the MNF, the IIG and the States exercising
custody over detainees. The Committee shall be co-chaired by the Prime Minster and
the MNF-I Commander or their authorized delegates.

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2) There shall be up to twenty-one official members of the Committee, representing the
following entities in the manner indicated:

a) The IIG shall be represented by the Prime Minister, the Ministers of Defence,
Interior, Justice, Finance, and the Director General of the Iraqi National
Intelligence Service.

b) The MNF shall be represented by the Commander MNF-I, his Chief of Staff, the
Deputy Chiefs of Staff for Operations, Intelligence and Logistics, the Staff Judge
Advocate and the senior Theatre Commanders for the Military Police and the
United States Corps of Engineers.

c) The United States as a detaining State shall be represented by the Chief of
Mission.


d) The United Kingdom as a detaining State shall be represented by its Ambassador
to Iraq.

3) Other official members of the Committee may be agreed by the co-chairs.

4) From time to time, and at the discretion of the co-chairs, other persons may be
permitted to attend as observers, to present reports to the Committee, or for other
purposes determined by the co-chairs. Such persons may include representatives of
the Iraqi Ombudsman on Detention and Penal Matters and delegates of the
International Committee of the Red Cross (ICRC).

Section 3
Functions


The Committee shall be responsible for:

1) Establishing criteria for the detention of individuals, including the basis for release
or transfer to Iraqi jurisdiction or custody.

2) Monitoring and if necessary proposing standards and safeguards for the conditions
and rights of detainees, including processes for determining initial detention decisions
and reviewing such decisions.

3) Considering issues relating to the prosecution of criminal detainees and proposing
investigative, evidentiary or other measures that will enhance successful prosecution.

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4) Evaluating infrastructure imperatives, deficiencies or maintenance requirements

and proposing project or budgetary action to address these.

5) Making recommendations concerning improvements to the command, control and
liaison aspects of detainee management; the effective recording of information for
individual detainees; the tracking of the location, movement or transfer of detainees
and the proper communication of detainee information to their families; and any other
matter related to detention operations and policies.

6) Advise on legal issues associated with the status and management of persons held
in detention or otherwise constrained by the MNF, and propose remedial legislation as
appropriate.

Section 4
Evaluation Standards


In making its deliberations and recommendations, the Committee shall have due
regard to the provisions of Iraqi law as supplemented by CPA Memoranda Nos. 2 and
3, the Memorandum of Understanding between the MNF and the IIG concerning the
handling of High Value Detainees, reports of the Iraqi Ombudsman on Detention and
Penal Matters and reports of the ICRC.

Section 5
Reporting Requirements


1) The Committee shall issue reports of its deliberations and recommendations not later
than two months after its initial meeting, and thereafter on a bi-monthly basis. The
reports shall be delivered to the Prime Minister of the IIG, the Commander, MNF-I,
and the U.S. and UK Ambassadors to Iraq.

2) With the agreement of the report recipients identified in subsection 5(1) above,
reports of the Committee may be made public, with the exception of:

a) Confidential reports of the ICRC.

b) Material that is related to or part of criminal proceedings before an Iraqi Court or
MNF tribunal, until the conclusion of those proceedings.

c) Material that is protected by confidentiality or privacy provisions of the law
governing the Iraqi Ombudsman on Detention and Penal Matters.

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