This report released by the Gulf Centre for Human Rights (GCHR) monitors the human rights situation in Iraq for the first four months of 2022 in light of the political, security and social developments in the country, which followed the legislative elections that took place on 10 October 2021.
The report sheds light on several files, including assassinations and killings, attacks on civil society activists and journalists, in addition to the grave violations of children’s rights in the country, and the use of the judiciary to target activists and restrict freedom of expression.
During the months following the elections, Iraq witnessed major developments, all related to the results of these elections and the political crisis that delayed the formation of the new government by more than seven months since the early elections, which came as a result of the protests that took place in the country in October 2019.
Attacks against civil society activists and peaceful demonstrators
Attacks against civil society activists, peaceful demonstrators and journalists continue, with the authorities showing severe leniency towards the people and groups that carry out these attacks, who are sometimes law enforcement agents.
On 08 January 2022, armed men attacked demonstrators in Wasit Governorate when they came out to demand accountability for the killers of the demonstrators and that armed parties and groups not be allowed to control government institutions in the governorate. This video clip, which was published by Member of Parliament Sajjad Salem on his Twitter account, shows armed men in military uniforms attacking the demonstrators and firing live bullets at them.”
On 11 January 2022, riot police beat a group of student demonstrators in the capital, Baghdad, as shown in this video.
On 08 March 2022, armed men from the protection team of Member of Parliament Suha Al-Sultani attacked prominent civil society activist Dr. Dergham Majid Mahdi in Al-Qasim district, Babil Governorate. This video clip shows the moment of the serious assault on the doctor, who was on the verge of death had he not been rushed to the hospital.
In a press statement after the attack, the Babil Police Command said, “A comprehensive investigation has been opened to find out the circumstances of an attack on six demonstrators, including activist Dr. Dergham… Preliminary information indicates that the attack occurred by throwing stones, using sticks and firing live bullets… and that the losses were limited to five demonstrators being wounded with stones and sticks, and the sixth with a gunshot wound… everyone was taken to a hospital in the governorate for treatment, and the injury of activist Dr. Durgham was the most severe among them.”
On 16 March 2022, he left Al-Hilla Hospital and returned to his home. He is currently in good health and has returned to his peaceful activities.
GCHR has previously documented several reprisals against Dr. Dergham, the latest of which was documented in its 21st periodic report. On 12 January 2022, Dr. Dergham published a video on his Facebook page explained the circumstances of an arrest warrant issued against him by the Anbar Appeals Presidency. He went on 11 January 2011 by himself to surrender to the security forces of Babil Governorate, where he resides, but they asked him to wait and return to his home after a short detention. The security forces also arrested his fellow civil society activists, Alaa Al-Talaqani and Mohammed Al-Mansoori, near Al-Thawra Bridge, in the centre of Al-Hilla, the capital of Babil Governorate, during their participation in protests calling for the governor’s dismissal. They were released hours after their arrest.
On 14 January 2022, civil society activist Haider Al-Salihi was beaten with sticks and sharp instruments by an unknown group in the Dhi Qar Governorate, southern Iraq. According to information confirmed by local sources, unknown persons in a car intercepted the car of Al-Salihi, who is active the governorate’s demonstrations, in the old Iskan Street in the centre of Nasiriyah, the governorate’s capital, and attacked him. He was taken to the hospital for treatment after sustaining several fractures and injuries to his body.
On 14 April 2022, members affiliated with the protection team of the director of the Shatra district municipality in Dhi Qar Governorate severely beat civil society activist Ali Ghalib Murad (Abu Aya Al-Saeedi) using their weapons. This video documents the moment he was assaulted by this group. The reason for this attack on him, according to his colleagues who spoke to GCHR, is due to his ongoing peaceful activity and his demand to provide public services to citizens, and to hold accountable those responsible for corruption in the judiciary.
Al-Saeedi uses his Facebook page to diagnose the flaws in the projects implemented by the local government in Shatrah District. He is also known for his strong opposition to rampant corruption and his active participation in the popular October movement since its launch in 2019.
On 05 April 2022, unknown assailants targeted the house of Hussain Al-Obeidi, the head of the Engineers Syndicate in Diyala Governorate, located at the Al-Falaha intersection in the centre of Baqubah, capital of the governorate. Reliable local sources confirmed that the explosion was carried out with a sound device placed in front of his house, and caused material damage only to the house and neighbouring houses.
Murders and assassinations
Iraq is still witnessing continuous assassinations and killings, targeting jurists, civil society activists and journalists. Despite the great promises made by the Iraqi government to provide them with protection, it did not fulfill its promises to protect these groups and hold the perpetrators to account.
On 22 January 2022, citizen Ihab Mohammed Al-Khalidi was killed by an officer in the Ministry of Interior with the rank of lieutenant colonel, during a quarrel that broke out between them in the Basmaya residential complex south of Baghdad, which resulted in him being killed with three bullets fired from his weapon. Human rights defenders reject the use of weapons by members of the security forces in their personal or family lives, and they have repeatedly called on the government to regulate the process of carrying weapons by citizens, and to order that they be used only to protect citizens and not to kill them.
On 26 January 2022, the body of civil society activist Haider Sabri was found in Basra city, with a bullet wound to the head, two days after his disappearance in circumstances that are still ambiguous. Some of his fellow activists told GCHR that, “Extremist armed groups targeting activists carried out this act of intimidation.” As for the Basra Police Directorate, it clarified in a statement that the incident was purely criminal, and that his brother was accused of killing him due to a family dispute. Sabri is one of the prominent activists who actively participated in the popular October movement.
On 02 February 2022, on the occasion of the second anniversary of his assassination at the hands of gunmen in Karbala Governorate, which was documented by GCHR at that time, Karbala intellectuals held a session in which they recalled the career of writer and novelist Dr. Alaa Mashthob Abboud, and demanded that his killers be held accountable. The authorities have not yet been able to arrest the perpetrators, despite the crime taking place in the city centre, which is fully controlled by the security forces.
On 05 February 20022, unidentified gunmen assassinated Judge Ahmed Faisal Al-Saadi in the centre of the city of Al-Amarah, capital of Maysan Governorate in southern Iraq, after they opened fire against him with their weapons.
Judge Al-Saadi, a drug judge in the Maysan Governorate Court of Appeal, is known for his toughness against organised crime gangs and drug traffickers. There was an attempt to assassinate him in 2020 by targeting him in his home. The fact that the assassination took place in front of the Notary’s office, in the centre of the city and near his place of work, shows the failure of the authorities to provide him with the necessary protection.
On 11 February 2022, after pressure mounted from human rights defenders in Iraq, the Ministry of Interior arrested Lieutenant-Colonel Omar Nizar, who was affiliated with the Rapid Response Division, on charges of killing protesters. The Ministry of Interior stated in a press statement that, “Clarifying the facts is one of the most important priorities of the Ministry of Interior and in various cases, and after much talk and news circulating about the circumstances of the case of Lieutenant-Colonel Omar Nizar, which is attributed to the Rapid Response Division, we would like to clarify that this officer is now in detention.”
The statement added, “There is a legal committee formed in the Ministry of Interior to investigate all the accusations against him. If it is proven that this officer failed to perform his duty and did not comply with it, legal measures will be taken against him, and the committee will work to inform the public of all the facts.”
Children’s Rights Violations
Children in Iraq face many challenges, including a lack of security, health, clean environment and proper education in the absence of a law to protect them. The Iraqi Parliament, during all its sessions, did not legislate their own law. The children’s suffering increases with the increasing tension in the country due to political differences.
On 13 January 2022, a child and a woman were injured during a missile strike targeting the vicinity of the US Embassy in Baghdad. The injured were residents of the Al-Qadisiyah complex, adjacent to the embassy, and were hit by shrapnel from missiles intercepted by the US embassy’s missile defense system.
On 14 January 2022, a 13-year-old child, who lives in Al-Nidal neighborhood in Al-Muqdadiya District, Diyala Governorate, died after his father and his stepmother locked him in the bathroom on the top floor for a long time. The body was transferred to Al-Muqdadiya General Hospital, and legal measures were taken against his father by Al-Muqdadiya Police Station in order to issue an arrest warrant against him in accordance with Article 405 of the Iraqi Penal Code regarding premeditated murder and attempted murder.
On 20 January 2022, two children died in Ashti camp for the displaced in Sulaymaniyah Governorate, after a cold wave hit the northern regions of the country. Ashti camp, located in the Arbat district of Sulaymaniyah Governorate, houses about 1,865 displaced families, most of them from Salah Al-Din Governorate and others from Nineveh Governorate, especially from Sinjar district in it, and Diyala Governorate.
On 28 January 2022, Iraqi authorities announced that three people, including two children, had been killed in an explosion inside a forest in Babil Governorate. A statement by the Babil police said, “The security forces have begun to take the necessary legal measures regarding an explosion that occurred inside a forest in the district of Kothi, north of the governorate.”It added, “The forces found three bodies at the scene, belonging to a man and two children.” Civil society activists who spoke to GCHR stated that the death was caused by the explosion of remnants of war.
On 29 January 2022, two children were killed and a third was injured while tampering with garbage, picking up a foreign object inside a plastic bag, and setting it on fire, causing it to explode on them, in the Al-Askari neighborhood of Mahmoudiya district, south of Baghdad.
On 18 February 2022, there were four casualties, including a child, killed as a result of the explosion of a war remnant in the Basra Governorate, which had been planted since the Iran-Iraq war in Al-Zubair district.
On 19 February 2022, the Karbala Police Command thwarted the sale of a newborn baby and arrested two women trading human organs.
The scale of the family, environmental and societal dangers facing the children of Iraq has reached a dangerous size that requires the three executive, legislative and judicial authorities to act urgently to ensure their safety and their prosperous future.
Using the judiciary to target civil society activists
In recent months, a series of lawsuits have been filed against civil society activists and journalists, in an attempt described by activists as intimidating, aimed at restricting freedom of expression and preventing participation in protests, seminars and television programs criticising the endemic corruption in the country.
On 06 February 2022, civil society activist Faisal Salman Gharib Al-Barki posted on his Facebook page a comment on a photo of a judicial summons, which includes the following, “In front of the eyes of all members of the Iraqi Parliament of the people, especially independent representatives and emerging parties of October..
Notice of attendance to the Al-Muthanna Criminal Court.
Legal Article 342 Sabotage of public property, according to their claim, has a minimum sentence of 15 years, life and death penalty!!
The reason is our participation in the 25 October 2019 protests.
The complainant is the Directorate of Intelligence and Counter-Terrorism in Al-Muthanna Governorate!!
The defendants are 15 activists and protesters, including myself.
The reason this malicious lawsuit was launched was in response to my complaint against the officers and employees of the Directorate of Intelligence and Counter-Terrorism in Al-Muthanna Governorate, after they tortured me and my fellow demonstrators in their cells.”
Al-Barki uses his Facebook page to diagnose the shortcomings in the projects established in the Al-Sowair district of the Al-Muthanna Governorate, as well as to show his support for the popular movement, his solidarity with his fellow protesters, and his rejection of corruption.
On 22 February 2022, the Criminal Court of Al-Muthanna Governorate decided to return the case to the investigation court to consider it again and to complete the deficiencies. The decision was welcomed by the defense team of the fifteen demonstrators who considered that their clients were targeted because of their participation in the peaceful protests that accompanied the popular October movement.
The list of the fifteen demonstrators who were judicially targeted includes civil society activist Abu Ayham Al-Nuaimi, who house in the centre of Samawah, Al-Muthanna Governorate, was targeted by a hand grenade on 01 October 2021, as previously documented by GCHR.
On 11 March 2022, the Media Center of the Supreme Judicial Council issued a statement explaining the circumstances of the death sentence against four protesters, after they, on 30 June 2021, “agreed and participated in the Aziziyah district to attack the Aziziyah power distribution station and threw a grenade at protection personnel. The incident led to the death of the commander of the detachment, Captain Ali Abdulhussain Shayesh, as a result of being wounded in the head and chest area by shrapnel from that bomb, and the injury of his comrades from the police force, Nassar Sabih Tayeh and Ghazwan Abdulkarim Hassan. The defendants openly admitted the act committed by them before the investigator and the investigative judge, after they were provided with all legal guarantees.” According to the statement, which added the following, “The case will be automatically sent to the Court of Cassation to be reviewed in accordance with the law and a final decision will be issued in light of that.” Under Iraqi law, all judgments handed down by Iraqi courts are preliminary and subject to appeal before the Federal Court of Cassation within 30 days of their issuance.
The four protesters are Kadhim Hadi Kadhim, Mohammed Atiya Hussain, Abbas Ali Aziz, and Hussain Saddam Hashem. Lawyers and colleagues close to the protesters told GCHR, “The activists were tortured and forced to confess to the officer’s killing.”
GCHR calls on the competent Iraqi authorities to conduct a transparent, independent and comprehensive investigation in order to reach the truth in this case, including about the allegations that the four demonstrators were tortured, and confessions extracted by force.
On 23 March 2022, the Tikrit Misdemeanour Court sentenced civil society activist Yazid Hassoun Effat (Yazid Al-Hassoun) to three months in prison on the basis of a defamation lawsuit filed against him by the Governor of Salah Al-Din Ammar Al-Jabr. He was released weeks later after the governor dropped the case. The court’s decision stipulated the following: “Sentencing the convict Yazid Hassoun Effat Delian Al-Shammari to a simple prison term of three months, based on the provisions of Article 433 of the amended Penal Code No. 111 of 1969, for the crime of defaming the person of the complainant, Ammar Jabr Khalil, via NRT channel.”
Reliable local sources confirmed that the reason for his targeting was his talk of a corruption deal related to the supply of containers amounting to 10 billion and 460 million Iraqi dinars, which was contracted by the governor.
After his release, Al-Hassoun wrote on his Facebook account: “Thank you to everyone who stood with me with a word, a position and a letter, to those who advocated freedom and those who believed in it. And pursue him, even if by word.”
His Facebook page, which he uses to support the popular movement and anti-corruption, has as its header the following phrase, “A rebel against those who have wronged me and made me search for my homeland among the homelands.”
On 28 March 2022, civil society activist Dr. Ahmed Yahya Issa, professor of chemistry at the College of Science at Basra University, was arrested, after a lawsuit was filed against him by the Basra Governorate Police Commander, for criticising the poor security situation in the province and the failure of officers to abide by the duties assigned to them. He was detained at Al-Maqal Police Station.
On 06 April 2022, a number of civil society activists organised a peaceful gathering in front of the Basra Federal Appeal Court, calling for his release, an end to the policy of silencing and respect for freedom of expression. He was released the next day.
On 26 April 2022, Samawa Misdemeanors Court issued its ruling against civil society activist Fayez Waham Al-Ajibi, handing him a four-month prison sentence. The ruling is related to a defamation case brought against him by the mayor of the Al-Salman District. His fellow civil society activists in Al-Muthanna Governorate told GCHR that, “Al-Ajibi published about the electric cables that were stolen about two years ago in Al-Salman district. He accused the local government of knowing who stole the cables, but it did not talk about it, and that the person who stole them is a specialist.” His colleagues confirmed that they are planning several solidarity events with him to secure his release.
GCHR previously documented the arrest of Al-Ajibi on 04 July 2021, and his release the next day after a mass demonstration in solidarity with him and his fellow detained protesters in the city of Samawah.
Restriction of freedom of expression
On 07 April 2022, broadcaster and program presenter Ahmed Mulla Talal announced that a judicial arrest warrant had been issued against him and actor Iyad Al-Taie. He wrote on his Facebook page about it, noting the following, “The issuance of two arrest warrants and investigations in accordance with Article (226), which carries a sentence of up to 7 years in prison, against the journalist Ahmed Mulla Talal and actor Iyad Al-Taie.”
He added, “While our government is pardoning a convicted drug dealer, it has put pressure on the judiciary and obtained an arrest warrant and an investigation against me and yours.”
The Iraqi Ministry of Defense had filed a complaint against his program called “With Mulla Talal”, which he presents on UTV Satellite Channel, with the Media and Communications Commission, which decided to stop the broadcast of the program after showing a scene in partnership with Al-Tai dealing with corruption in that ministry.
On 10 April 2022, the Third Karkh Investigation Court decided, after a short hearing, to release Mullah Talal and Al-Taie on bail.
On 14 April 2022, the Media and Communications Commission decided to lift the suspension of broadcasting the Ahmed Mulla Talal program after the issue was resolved consensually with the Ministry of Defense.
On 15 March 2022, the security forces arrested a journalist and program presenter on Watan (Wtv) Satellite Channel, Dr. Qusay Shafiq, based on his views on the government’s financial policies and his harsh criticism of it. He was detained in the Adhamiya police station. On 21 April 2022, the Karkh Court of First Instance decided to release him and suspend the five cases brought against him by various Iraqi officials.
Recommendations
GCHR urges:
- The new Iraqi Council of Representatives to legislate a law to protect Iraqi children;
- All Iraqi politicians to stop intimidating civil society activists and journalists with lawsuits;
- The committee concerned with investigating the files demonstrators who were killed to announce its results and to prosecute the perpetrators;
- The Iraqi government to provide the necessary protection for human rights defenders who are subjected to continuous violations and attacks by armed groups.
