Iraq to try Shia for mass murder of Sunnis

NY Times:

An Iraqi judge has ruled that there is enough evidence to try two former Health Ministry officials, both Shiites, in the killing and kidnapping of hundreds of Sunnis, many of them snatched from hospitals by militias, according to American officials who are advising the Iraqi judicial system.

The case, which was referred last week to a three-man tribunal in Baghdad, is the first in which an Iraqi magistrate has recommended that such high-ranking Shiites be tried for sectarian violence. But any trial could still be derailed by the Health Ministry, making the case an important test of the government’s will to administer justice on a nonsectarian basis.

The Iraqi investigation has confirmed long-standing Sunni fears that hospitals had been opened up as a hunting ground for Shiite militias intent on spreading fear among Sunnis and driving them out of the capital. Even before the case, Baghdad residents told of death threats against doctors who would treat Sunnis, of intravenous lines ripped from patients’ arms as they were carried away, and of relatives of hospitalized Sunnis who were killed when they came to visit.

The case centers on Hakim al-Zamili, a former deputy health minister, and Brig. Gen. Hamid al-Shammari, who led the agency’s security force, which is charged with protecting the ministry and its hospitals. The former officials were taken into custody in February and March amid reports that they had been implicated in sectarian violence and corruption. But the status of the judicial inquiry into their activities and its findings have not previously been reported.

The inquiry included testimony from nine witnesses, some of whom have been granted visas to live in the United States for their protection.

If the trial goes ahead, it would be held in a new Rule of Law complex in the Rusafa section of the capital. The installation was built by the American military this year and the government has allocated $49 million to operate it. Judges live at the heavily fortified compound to protect them from assassins and renegade militias. The proceedings, which could happen in the next few weeks, would be videotaped and, according to Iraqi law, open to the public.

But one looming question is whether the Iraqi government will move forward with the trial, which would shine a light on some of the most serious sectarian abuses committed under government cover. The Health Ministry could try to block the case by invoking a section of the Iraqi criminal law that precludes prosecution of officials who are carrying out their official duties. The Interior Ministry has used this tactic to preclude investigation of a senior National Police officer accused of sectarian crimes.

The Iraqi judges slated to try the case have informed the Health Ministry that they want to proceed and have asked for the agency’s approval. The Health Ministry has yet to respond.

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The killers were associated with Sadr. This is an important case for Iraq and the rule of law. It would be a huge mistake to block the trial. It will also be a test of the willingness of the government to engage in an effort that will lead to a top down reconciliation process. Maliki has to make sure this trial goes forward.

The story goes on to explain how the Sadr militia operated in the hospitals to systematically murder Sunni patients. The story does not indicate whether Sadr will be charged, but I think he should be.