Iraqi Judge shares story of emigration from homeland

What is the cost of ensuring a democracy’s integrity? For Iraqi Judge Radhi al-Radhi, the cost was his home. The judge said he was forced to emigrate from his country in late 2007, under fear of death.
Radhi visited Rutgers-Newark to speak about the political corruptions that he said have plagued Iraq since the beginning of Saddam Hussein’s presidency, last night in an event sponsored by the International Law Society, Division of Global Affairs and the Journal of Global Change and Governance.
To fight corruption, the Coalition Provisional Authority — a branch of the Iraqi government after Hussein — created the Commission of Public Integrity, which investigated and enforced anticorruption laws. Radhi was the first commissioner of the CPI, he said.
“This agency was the very first of its kind in the Middle East,” Radhi said. “CPI was also given [the] responsibility to educate and increase the awareness of the Iraqi people to expect honest, transparent and accountable leadership … CPI’s oversight was authorized to operate independently, and its investigative and enforcement functions be performed separately and discretely.”
Under the notion of Rule of Law, CPI had the authority to investigate any agency, including the government’s branches, he said.
“A first step away from such tyranny was the notion of rule by law, including the notion that even a ruler is under the law and should rule by virtue of legal means … Rule of law means that no individual, president or private citizen, stands above law,” according to USinfo.state.gov.
“Rule of Law work is dangerous work,” said former Brigadier General Richard O’Meara, a part-time lecturer. “Investigators who lead this line of work put their lives in danger every day they go to work.”
Many such men have died trying to ensure governmental integrity, he said.
Regardless of the dangers, Radhi said he explored the delicate vein of Rule of Law investigation even during Hussein’s administration.
“I asked questions. I raised objections,” he said. “I was pressured to conform or leave, and I finally left to pursue private practice for almost 11 years.”
After Hussein’s overthrow, he said the Iraqi government underwent changes to ensure another leader would not rise to a dictatorship, like Hussein. Radhi said he then returned to the government and became a chief judge of the Central Criminal Court of Iraq.
But the changes that came to Iraq after Hussein were drastic and dangerous to a true democracy, he said.
“A power vacuum existed. Into this void, the only organized groups in Iraq, the Islamic religious groups, raced to grab power, both political and economic,” he said. “Instead of waiting to educated the population on how to exercise democratic power, the rush to elections helped solidify the hold the Islamic religious groups had on government power and grant them legitimacy.”
Here the CPI was created, but the corruptions were engrained too deeply in Iraqi politics, Radhi said. The freedom the commission had to investigate the government eventually dug too deep and led to Radhi’s political asylum in the United States.
“Our findings hit too close to home for the present government. Many staff were stopped from continuing their investigations within the various Iraqi government Ministries … President Maliki removed my authority to prosecute cases … [CPI] could only recommend prosecutions to the office of the President,” Radhi said. “Removal of the authority to prosecute effectively curtailed CPI’s effectiveness.”
Just as O’Meara explained, CPI investigators were in stark danger. Thirty-five employees were killed, and there were increasing threats against others and their families, Radhi said.
The CPI was successfully squashed, and hopes for governmental integrity in Iraq dropped, he said.
But for all of the turmoil they see in their daily lives, Iraqis generally appreciate the American presence in their country, Radhi said.
“The people of Iraq want the Americans to stay. Why? Because now the security of the interior and defense are very weak; there are essentially three governments [divided among religious groups]. The Americans offer stability,” Radhi said. “[The American invasion] was not good, but it was not illegal. But now the Iraqis want to write a letter to Obama asking America to stay.”
But that costs money, he said, and although Iraq is a rich country, the people do not see that money. They do not have the money to help themselves.
“The people of the Middle East will understand the responsibility of their government and accountability of its leaders. This could be the catalyst for significant change in the region,” Radhi said. “It is an opportunity that must be pursued without hesitation … Too much is at stake, too many have suffered and too much blood has been shed.”

Comments

1 comments

Maurine

Tue Nov 11 2008 09:35

Incredibly powerful. This is a story everyone should hear.

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