Weapons of Mass Destruction (WMD)

DATE=5/5/04

TYPE=CORRESPONDENT REPORT

TITLE=IRAQ / JUDGES (L-ONLY)

NUMBER=2-315643

BYLINE=LAUREN COMITEAU

DATELINE=THE HAGUE

CONTENT=

VOICED AT:

INTRO: Twenty-eight Iraqi judges are meeting with Supreme Court Justices and other prominent jurists in The Hague for a two-day training program on establishing the rule of law in Iraq. The Iraqi judges hope to gain insights they can take back home and use in setting up the country's own Supreme Court and overhauling Iraq's entire judicial system. Lauren Comiteau reports from The Hague.

TEXT: Supreme Court Justice Anthony Kennedy called the day's events inspiring, saying he and fellow Justice Sandra Day O'Connor have met some real judicial heroes. After 35 years under a repressive regime, Justice Kennedy said, Iraqi judges can finally be judges. He did point out that in today's chaotic Iraq, that's still not easy.

/// KENNEDY ACT///

They have all lost friends, acquaintances. One of them made it to work but his bodyguards were assassinated. The roads are not guarded and still the courts are functioning. It was an inspiring story.

/// END ACT ///

That the courts are functioning at all came as a surprise to Justice Kennedy. But Zhuair al Maliky, an investigative judge at Baghdad's central criminal court, says the judiciary is just about functioning fully. He says he and his colleagues, including three women justices, are listening to the American justices as well as top British and international judges and trying to come up with a model that will be acceptable in Iraqi society.

Islam will be one of its sources, says Mr. al Maliky, but not the only source. The court's biggest problem now, he says, is translating theory into practice.

/// MALIKY ACT ///

In all the former constitutions of Iraq, there are mentions of basic rights and other things, but the problem is how to take these words and use it in a practical light. That was our problem. And we are learning how to interpret words into action.

/// END ACT ///

Other burning topics on the agenda were how to enshrine separation of powers and federalism into a constitution. Mr. al Maliky says people back home think of these concepts as dividing Iraq into many countries when it should in fact strengthen the country.

Although the shape of Iraq's new judicial system will not be clear for months, Mr. al Maliky says he is optimistic about the future rule of law.

As a judge, Mr. al Maliky would not comment on recent allegations of abuse of Iraqi prisoners by American and British soldiers, but personally, he said insulting and torturing people is not human and bad. (SIGNED)

NEB/LC/MAR/RAE