This report issued by the Gulf Centre for Human Rights (GCHR) documents the human rights situation in Iraq during the period from 12 May to 21 June 2022, and includes violations against citizens, including peaceful demonstrators, civil society activists, journalists and media professionals. The report also documents how the authorities dismissed a well-known journalist and presenter from his work because of a tweet.
Attacks by Security forces
Attacks on civil society activists and peaceful protesters are still continuing by the security authorities in Iraq, despite their repeated promises to provide protection for demonstrators.
On 31 May 2022, a police officer appeared in a video clip beating and verbally abusing a citizen whom he said was drunk, without having any right to attack and defame him. The clip spread widely on social media platforms, and human rights defenders denounced the illegal behaviour of the policeman.
On 18 May 2022, a group of lecturers, who are teachers without contracts providing services to the Iraqi government, demonstrated in Al-Muthanna Governorate to demand their rights to permanent government jobs. They were subjected to serious violations by the security forces, who severely beat them. Traces of torture can be seen on the bodies of some of them, as the main photo above shows.
Civil society activists targetted
On 13 June 2022, citizen Rayan Salem, the father of a peaceful young protester named Raymon who was killed by the security forces, was arrested. The prevailing belief was that the reason for the arrest was the complaint that the family submitted to the French judiciary against former Prime Minister Adel Abdel Mahdi in connection with the killing of their son. However, his wife appeared in a video posted on social media, in which she confirmed that his arrest was connected to an old lawsuit related only to his work and said that he will be released in the coming days. She thanked everyone who supported the family in their ordeal.
GCHR previously documented the killing of 15-year-old peaceful protester Raymon Rayan Salem on 25 February 2020, who was targeted by anti-riot forces with hunting rifles, who shot him in the head with iron pellets.
On 06 June 2022, civil society activist Haider Al-Zaidi was arrested by the security forces in the capital, Baghdad, because of his tweets expressing his views. He was released on bail on 19 June 2022, which he announced himself in a video circulated on social media, and explained that his arrest was made with a judicial warrant.
Al-Zaidi participated strongly in the popular movement, and he is a member of the Volunteer with Us Foundation who contributed to its services provided to the displaced inside Iraq. Citizens and his colleagues expressed their solidarity with him through the hashtag they launched on Twitter calling for his release: #Free_Haider_Al-Zaidi
At dawn on 02 June 2022, civil society activist Ahmed Muhalhal was arrested in Basra Governorate, southern Iraq, due to his peaceful activism and active participation in the popular movement. His arrest, and the intimidation his family faced in the early hours of the morning, led to his mother’s deteriorating health and her transfer to hospital for treatment.
In the photo above, Muhalhal holds a banner that reads, “Put the death gang on trial”. In its 12th periodic report on Iraq, GCHR documented that Prime Minister Mustafa Al-Kadhimi published on 15 February 2021 a tweet in which he announced the arrest of some members of the death squad that had assassinated a number of human rights defenders and journalists in Basra. The authorities until now did not give any additional information about the judicial procedures they faced.
Following Muhalhal’s arrest and detention, lawyer Zain Al-Basri wrote on his Facebook account that, “The free people of Basra should have their say. They arrested him according to an article that was not proven against him. The decision to arrest him was arbitrary, and the execution of the warrant was intimidating and horrific for his family.” He added, “They extended his detention after interrogating him, and they wanted to turn the matter of his arrest into private actions related to his personal freedom for the purpose of defamation and distortion of his reputation. They began to harass his lawyers.” He concluded his post, “Finally, they returned to him with a case that had been canceled for all activists in the 2018 protests. What injustice is faced by Ahmed Muhalhal. There is no justice in this country. Rights holders and defenders of freedom of expression and human rights must speak out. Basra must stand up for what is happening with the narrowing and unfairness of these rights guaranteed by the constitution.”
Reliable local reports confirmed that a new malicious accusation is being framed against Muhalhal in connection with the 2018 Basra Governorate building fire, which is a charge that the local authorities have been using against civil society activists in order to intimidate them and prevent them from carrying out any peaceful activities in the future to defend their rights.
His last post on his Facebook account, which he uses to support the popular movement and spread his views, was on 17 May 2022, in which he urged demonstrations. He stated, “The youth of Basra who submitted their names to the employment office and did not obtain any job rank because they do not have someone with influence or a party…. the protesters and the unemployed must hold demonstrations in front of the Integrity Department to hold the director of the employment office to account.”
On 23 May 2022, civil society activist and artist Zaid Saad was arrested in Baghdad after someone filed a lawsuit against him on the grounds that, “His art disturbs the residents of Karrada.” GCHR contacted those close to him and local residents, and found that Saad is a painter who makes paintings in a house occupied by Tarkib Baghdad for Contemporary Art Institute in the Karrada neighborhood in central Baghdad.
His colleagues wrote a letter addressed to human rights organisations in which they state, “Our friend Zaid Saad was arrested yesterday because he makes art…. Zaid did not harm anyone, and did not bother anyone. Zaid made art, and supported artists to produce their works…. Zaid is like many who try to make beauty. In the midst of the devastation, we are experiencing…. we demand a broad campaign to release Zaid, and to protect artists from such abuse and reports.”
He was released hours after his arrest.
GCHR spoke with artists in the installation house, and they confirmed that they left Baghdad because of the threats they received and the dangers they might face after receiving death threats.
On 17 May 2002, civil society activist Walid Abd Ali Baris was arrested in the Al-Muthanna Governorate in southern Iraq, following a lawsuit filed against him by the district commissioner of Samawah, who accused him of being involved in corruption deals. He was released the next day.
Baris uses his Facebook page to support the popular movement and fight corruption. On 05 June 2022, he posted a comment on a video showing an Iraqi child crying because his family was unable to provide medicine for his brother, asking, “How far are we going, and is there anything worse than this?” On 18 June 2022, he wrote, “We reject attempts to silence people. If the government believes that it is able to subjugate and silence us with malicious lawsuits and prisons, then it is delusional.”
GCHR has seen some press reports confirming that civil society activist Abbas Moneim Al-Azzawi was sentenced to one year in prison (effective immediately) on 09 June 2022, by the Kut Misdemeanour Court. A complaint was filed against him by Dr. Ali Al-Obaidi, Assistant President of Wasit University for Administrative Affairs, who accused him of his lack of interest in university customs and respect for higher officials for standing peacefully in front of the entrance door of the university presidency.
Al-Azzawi, who is an employee with a daily wage contract at Wasit University, has several times led the demonstrations of his fellow daily wage earners working in the Ministry of Higher Education and Scientific Research to demand the implementation of Cabinet Resolution No. 315 issued in 2019, which includes amending their salary scale.
Iraqi child killed by a Turkish bombardment
A 12-year-old Iraqi Yazidi child, Salah Nasser Khader, was killed during two drone strikes launched by Turkey on 15 June 2022, which targeted government headquarters and homes in Sinuni, a sub-district of Sinjar district, located in the west of Nineveh Governorate. The bombing also resulted in the death of another citizen and the injury of some others.
Journalists and media professionals sued and arrested
Freedom of expression in Iraq is exposed to great dangers due to the political tensions in the country and the exploitation of some politicians of their influence in state institutions in order to threaten journalists, media professionals and other opinion-holders, and to file lawsuits against them. Recently, a number of journalists and media professionals were subject to lawsuits and arrest warrants.
On 02 June 2022, the Supreme Judicial Council issued an arrest warrant against the writer and journalist Sarmad Al-Taei, after he appeared in an episode of the “Neutral” talk show presented by journalist Saadoun Mohsen Damad on the official Al-Iraqiya channel on 01 June 2022, in which Al-Taei criticised the judiciary.
According to the document above, the Supreme Judicial Council / Karkh First Investigation Court addressed the Iraqi Journalists Syndicate, asking it to “take legal measures against the journalist and writer (Sarmad Al-Taei), on charges of insulting the judicial institution.” The document stated, “Al-Taie committed a crime in accordance with the provisions of Article 226 of the Iraqi Penal Code for intentionally insulting the judicial institution during the “Neutral” programme.” In the same document, the Iraqi judiciary considered that what he said was, “outside the framework of freedom of expression.”
It is worth noting that this document issued by the Karkh First Investigation Court referred to a previous arrest warrant issued against Al-Taei on 08 January 2014, which was reactivated after all these years due to his recent statements.
Article 226 of the Iraqi Penal Code No. 111 of 1969 states: “Any person who insults the national assembly, the government, the courts, the armed forces, or other regular bodies, public authorities or interests or official or semi-official departments shall be punished with imprisonment for a period not exceeding seven years, or a fine.”
The Iraqi Media Network had decided immediately, just hours after the show was broadcast, to stop it and delete the episode in which Al-Taie appeared, and to prevent him from being hosted in the future.
On 09 June 2022, Saadoun Damad posted on his Twitter account a tweet saying, “In the end, a salute of greatness and gratitude must be addressed to every person or party that defended me and my programme and did not leave me alone to face all this threat, injustice and abuse.”
On 27 May 2022, the presenter of the “Homeland and the People” programme on Al-Iraqiya channel, Mustafa Al-Rubaie, announced that politician Hadi Al-Amiri had filed a lawsuit against him. Al-Rubaie said on his Twitter account, “I will appear before the Iraqi judiciary, because of a lawsuit filed personally by Mr. Hadi Al-Amiri in accordance with Article (434) penalties, and yesterday I signed the notification paper for my attendance.”
On 29 May 2022, he posted the following tweet, “Today I appeared before an investigative court and I have confidence in the Iraqi judiciary, I submitted my statement on the accusation against me……. The judiciary released me with a written pledge after I assigned a lawyer, there will be upcoming sessions to decide the case in which the complainant claimed that he was insulted, slandered and harmed.”
Article (434) of the Iraqi Penal Code states: “Anyone who insults another shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding one hundred dinars, or by one of these two penalties.”
GCHR denounces the use of the Iraqi judiciary and the penal code by politicians and those with influence in Iraq to restrict press freedom and harass journalists. The Iraqi parliament should enact a law to protect journalists, and the Supreme Judicial Council should form a special court for publishing and media to look into cases against journalists.
On 24 May 2022, a security force arrested Ali Al-Dhabhawi, the presenter of the “Studio 9” programme for Al-Baghdadiya TV, in Baghdad. He was released hours later, without knowing the reasons for his arrest and who specifically arrested him. His colleagues told GCHR that, “Influential political parties in the country pushed for the arrest of Al-Dhabhawi because of his programmes criticising corruption and the influence of militias in Iraq.” His colleagues also added, “The arrest was not for reasons related to any issue other than freedom of expression. They threatened him and told him to stop talking about corruption and poor services or else they would arrest him again.”
GCHR previously documented that on 27 July 2021 a security force stormed the headquarters of Al-Baghdadiya TV in Baghdad and arrested Al-Dhabhawi and his colleague, the news director, Taha Khalil. They were released after more than 24 hours.
On 08 April 2022, the Iraqi Media Network issued a directive to terminate the services of journalist and writer Saleh Al-Hamdani due to a tweet he posted on his Twitter account on the same day, despite his apology for the misunderstanding that his tweet had caused to some citizens.
On 09 April 2022, Al-Hamdani posted the following note on his Twitter account, besides an image of the tweet that led to his dismissal, “As for my work in Al-Iraqiya channel, which I am honoured by, it has a beginning and must have an end one day, like any media work in this anxious country.”
Al-Hamdani, 53 years old, is a well-known journalist, writer and presenter who has presented many programmes on various television channels. He uses his Facebook page and his Twitter account to express his views on political and other matters of importance to Iraqi citizens and is known for his sharp criticism of Iraqi politicians’ failure to build a state of institutions and true citizenship.
Recommendations
The Gulf Centre for Human Rights urges:
- The new Iraqi parliament to enact legislation to protect journalists;
- All Iraqi politicians, local authorities, and government institutions in the Iraqi governorates to stop intimidating civil society activists and journalists with lawsuits and arbitrary decisions;
- The committee responsible for investigating the file of the killing of demonstrators 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;
- The Iraqi Ministry of Foreign Affairs to put in place serious efforts to put an end to the Turkish violations of Iraq’s sovereignty and its continuous bombing of civilian targets and the civilian population.
