The only way Iraqis will be able to overcome violence and detract criminals is to establish a viable judiciary, writes Abbas Kadhim To anyone following the events in Iraq, it is clear that the shrinking multinational forces have been unable to handle the violence in the country and, in many areas, are not even trying to do so. It is also clear that more troops are not likely to do a better job. After failing to set things right in the past two years, a culture of violence has set in. After trying out a series of bad alternatives, it is apparent that any attempts by the United States to do the right thing are neither effective nor beneficial. This has been the case with the delivery of Iraq to the Iraqis, the elections, the writing of a constitution and the handling of various elements of the political and security process. For any change in Iraq to take place, the initiative must be Iraqi. The role of foreign powers should not be more than that of reserved support, called upon only as a last resort. Iraqis must also reduce the application of arbitrary and questionable military-based approaches to the problem of terrorism. The judiciary remains the one legitimate power in Iraq which has remained totally absent from the scene. It is scandalous that Iraqi judges are not given any role in a political process which claims to be based on the principles of democracy. Where, then, are the Iraqi courts? Terrorists and enemies of any state can only thrive in the war of public relations, particularly when the state suspends its laws and deals with offenders on their own terms -- whether militarily or with arbitrary arrests and lengthy extra-judicial detentions. Such tactics give the impression that the state is a heavy-handed oppressive regime and positions terrorists as its victims. The one institution that detracts outlaws is the court and the concept of fair and transparent trials. At this time, the new government in Iraq is at an advantage. It is the first elected government in a very long time and it carries the support of many Iraqis. Aside from the violent elements and remnants of the past era, all Iraqis want the process to work, having taken heavy risks to give the government their confidence in the elections of 30 January. Those that voted as well as those who stayed at home that day are hopeful that Iraq will finally be able to begin the long road of material and political reconstruction. But this wide support cannot last forever, especially considering the insufferable circumstances surrounding Iraqis at the present time. Prime Minister Al-Jaafari and his government would be ill-advised to take their luck for granted. Being elected and enjoying the support of wide segments of society must not be misinterpreted as a licence to suspend the law and behave as a dictatorship. The Iraqi government must demonstrate a clean break with the past and begin an era in which the rule of law can prevail. Reporting astronomical numbers of arrests will neither charm the people nor deter criminals. This can only be achieved by trying those arrested in a court of law and punishing the convicts proportionately. The Iraqi judiciary must be activated immediately and it should get full support from the government and enjoy equal status to other government branches. It must also be completely independent and free from politics and corruption. The current situation of Iraqi prisons is very disturbing. In many cases, people are arrested for various reasons and then arbitrarily released. An individual or a group of detainees may be released through bribery, connections or a bargain with his tribe or party. This frivolous manner of handling legitimate jail sentences should not occur in any instance. The lengthy detention system also deprives innocent people of their liberty for no legitimate reasons. An equally important task before the Iraqi government is to assert its right to sovereignty over the entire country. Only the Iraqi government can have prisons and detentions for Iraqis. Iraq's government must agree with the foreign forces on a process which would enable the complete transfer of all Iraqis held in custody by foreign troops. Given the immoral behaviour of those running the detention camps and who have brought shame on their own countries and caused righteous anger and frustration among Iraqis, it should not be difficult to make the case that Iraqis arrested by foreign troops must be handed over to the Iraqi government. Any interrogation can be facilitated while the suspects are in Iraqi custody. The challenges confronting the Iraqi government are important and its enemies are vicious in both their agenda and tactics. This is not a time for political accommodation or popular appeasement. It is time for a candid evaluation of the processes and the people in charge. The principal role of any government is to safeguard the lives and property of the people. No one has managed to do this in Iraq, and this cannot go on indefinitely.
