An Iraqi policeman pulls security during a ceremony for the celebration of the Iraqi police birthday in Ad Diwaniyah, Iraq, on Jan. 9. DOD photo.

The quality of investigations has improved because of a maturing judicial process, a respect for the law that is taking hold within Iraq and a developing relationship of mutual respect and trust between the police and the Ministry of Justice, said Lt. Col. Maher, officer in charge of National Police HQ Investigations Section.

Before a NP investigator can obtain an arrest warrant, the Ministry of Justice assigns an investigative judge who ensures that an arrest warrant is supported by relevant and credible evidence as defined within the law.

When a warrant is completed, it contains the suspect’s name, tribe, occupation, residency, the type of crime he committed, the article of law violated, a physical description of the suspect and the issuing judge’s name and court stamp. Once a warrant is signed, it is then forwarded to the Baghdad Operations Center for individuals located within Baghdad or to the Baghdad Joint Command Center for individuals outside the city of Baghdad.  Upon receipt of the warrant, the respective operation center will assign one of the Iraqi Security Forces; National Police, Iraqi Police or Iraqi Army to enforce the warrant and arrest the suspect.

Concerned Local Citizens often provide information for the arrest warrants.  A major challenge to investigators is protecting the person providing the information. 

“Each witness is assigned a number to protect his identity when information is provided.  This information is transcribed into an initial source document or statement” said Maj. Achmed Ali, one of the chief investigators for the National Police. 

“The assigned investigative judge reviews the initial sworn statement and queries the witness for clarifying information as needed. Only the investigative judge and the investigating officer from the National Police know the identity of the witness prior to issuing an arrest warrant”, added Ali.

Arrests may also be made through direct observation. Recently, this was the case when the National Police attempted to stop a vehicle at a checkpoint in Baghdad.  After a brief chase, officers approached the vehicle and heard thumping sounds coming from the vehicle’s trunk.  Upon opening the trunk, they found a severely beaten kidnapped victim inside. The driver and two passengers were arrested based upon this evidence.

Regardless of how a suspect is arrested, the Iraqi juridical criminal process is the same with an investigative judge interviewing each suspect within 24 hours after arrest.  The judge determines the offense and forwards a report to the trial judge for review.  That report typically includes a detainee’s statement and a description of available evidence against the detainee. The trial judge has 7 days after receipt of the report to determine if there is enough evidence to hold the suspect or issue a release order.

“The arrest warrant process has built in checks and balances to ensure fairness to the accused and justice for the people. All investigations are reviewed by the officer in charge of NP Investigations to ensure accuracy and objectivity,” Maher said.

Ali emphasized, "we work closely with the Investigative Judges during our investigations.  It is very important to protect the innocent when we are investigating terrorist crimes.”