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Iraq

GCHR’s 27th Periodic Report on Human Rights Violations in Iraq

27/03/2023

This report issued by the Gulf Centre for Human Rights (GCHR) documents the human rights situation in Iraq during the past five weeks, including mass protests and sit-ins against the new election law, and a number of gross human rights violations that occurred in the country.

Citizens demonstrate against the new election law 

On 27 February 2023, popular demonstrations took place in front of the Green Zone, in the centre of the capital, Baghdad, against the new election law, in which dozens of citizens participated.

The new draft law, in which the Iraqi parliament completed voting on seven out of 15 of its articles in a session that took place at dawn on 20 March 2023, goes back to an old law that was adopted since 2014. It differs from the other law that was used in the 2021 elections in that it makes each governorate a single constituency instead of multiple constituencies, and includes the application of the Sainte-Laguë system by 1.7 percent, which according to experts, means devoting the influence of the large parties currently in power, most of which have supported this legislation.

One of the most important gains achieved by the October 2019 Protest Movement was the overthrow of the Sainte-Laguë elections law, and the reinstatement of the law by the parties in power generated intense resentment among citizens and civil society organisations.

Amid mass sit-ins in front of the Green Zone gate and widespread popular discontent, the Iraqi Parliament failed several times to hold its session on 25 and 26 March 2023. After continuous attempts by the parties in power to hold a session and vote on the law that they put in place, they managed to have the required quorum on the evening of 26 March 2023, and succeeded in passing it. The deputies who objected to the law were subjected to arbitrary measures by the head of the Iraqi Parliament, Mohammed Al-Halbousi, and they were forcibly removed from the meeting hall by the security forces.

A number of objecting deputy MPs filed several appeals with the Federal Supreme Court against various articles of the new election law. 

Dr. Jassim Al-Asadi Released 

On 15 March 2023, prominent environmental activist Jassim Al-Asadi was released two weeks after he was kidnapped by an armed group. GCHR had documented that, on 01 February 2023, he was kidnapped by an unknown armed group dressed in civilian clothes and traveling in two cars. Upon his release, he went to Al-Chibayish district in Dhi Qar Governorate, where he was warmly received by the people, as seen in a video in which he appeared exhausted. After his release, Al-Asadi made statements to the press, in which he said, “The perpetrators were aiming to dissuade me from defending the residents of the marshes and prevent me from talking about the drought.” He explained, “The group that kidnapped me is an armed group operating outside the law, and I have no doubt at all that it has links outside the borders, and it does not want the good of the country or the well-being of the local population.” Al-Asadi confirmed that he was subjected to ” interrogation and the most severe forms of torture over a period of 15 days,” and that, “No one would think of such forms of torture.” Despite all this, Al-Asadi concluded his statements by saying, “This kidnapping will increase my determination for people, nature and its environment.”

Well-known doctor, Dr. Ahmed Abdullah Al-Madfai, assassinated

On 22 February 2023 in the evening, a well-known cardiologist and internal medicine consultant, Dr. Ahmed Abdullah Al-Madfai, was assassinated after leaving his clinic in the new Baquba area, in the centre of Baquba district, which is the capital of Diyala Governorate, by an armed group in a car, as recorded by surveillance cameras.

On 27 February 2023, health institutions in Diyala Governorate organised vigils to demand that the perpetrators be exposed and brought to a fair trial. The Iraqi Doctors Syndicate also announced in a statement the closure of private doctors’ clinics and private hospitals “except for emergency cases” throughout Iraq that the same day. The statement noted: “The Iraqi Doctors Syndicate, while carrying out this action, calls on the executive and judicial authorities to expedite the arrest of the perpetrators and to impose a fair punishment on them.” Diyala Pharmacists Syndicate called on its members to close their pharmacies on 23 February 2023, in condemnation of the targeting of medical personnel in the governorate. The authorities have been asked by everyone to provide the necessary protection for doctors while they perform their medical and humanitarian work in serving patients.

Academic assassinated in Nasiriyah

On the morning of 17 March 2023, according surveillance camera footage, two people riding a motorcycle shot Dr. Aqil Abdullah Al-Nassiri, a teacher at the Open Educational College, who was walking near his house in the Military neighbourhood in the city of Nasiriyah on his way to give a lecture. He died in the hospital where he was taken after the attack.

The Deanship of the Open College of Education wrote in its obituary statement the following, “The deceased was an example of good morals and professional and academic honesty.”

Dr. Al-Nassiri used his Facebook page to express his personal views on what was going on in the country. On 01 December 2022, he wrote the following: “Nasiriyah where??? Nasiriyah, which fought all the corrupt ruling parties that wasted innocent blood before wealth… You simply pay the price for that war.”

Perpetrators accused of murder arrested by the authorities

Press reports have confirmed that the security authorities have arrested the perpetrators who assassinated Dr. Al-Madfai, but no details have yet been made available about their identity and the motives of the crime they committed. It was also confirmed that the man accused of shooting and killing Dr. Al-Nassiri had been arrested and that the other suspect, who was driving the motorcycle, was still being pursued. No detailed information was available about them and the motives of the crime.

Political analyst arrested

On 26 March 2023, the security forces arrested a political analyst, Dr. Mohammad Na’na Hassan, in the Karrada area in central Baghdad. Reliable local sources confirmed that the arrest came based on a complaint filed against him by Prime Minister Mohammed Shia Al-Sudani who accused Dr. Hassan of attacking him verbally before he assumed office when he was a candidate for prime minister.

Dr. Hassan had attacked Al-Sudani in an episode of the programme “The Decision Is Yours” presented by Sahar Abbas Jamil on the Dijlah satellite channel, which was broadcast on 30 August 2022. During the programme, Dr. Hassan accused Al-Sudani made several accusations, including that he had submitted to the will of some leaders of the parties in power.

TV series banned

In a decision issued on 26 March 2023, the Communications and Media Commission (CMC) decided to stop showing the Al-Kasir series, which is shown on UTV Iraqi satellite channel, and to oblige it to delete the previous episodes. The decision was based on “complaints received by members of the Parliament and tribal elders.” The Iraqi Artists Syndicate said in a statement about the series itself that it “examined the Al-Kasir series, followed the first and second episodes, and found nothing in it that offends the values and traditions of the Iraqi people.”

This decision contradicts Article (38) of the Iraqi constitution, which emphasises freedom of expression in all media.

Serious concern about the campaign against ‘indecent content

GCHR was one of the signatories to a joint statement in which the signatory organisations expressed their deep concern about the recent campaign by the Iraqi authorities to suppress “indecent content” on the Internet, a campaign that has a negative impact and restricts freedom of expression in the country. The statement also called on the Communications and Media Commission (CMC) to consult with civil society organisations, as well as journalists, academics, and activists about the proposed draft of digital content regulation.

Recommendations

GCHR calls on the Iraqi government to assume full responsibility in protecting all citizens, including doctors, academics, demonstrators, journalists, human rights defenders, and members of civil society. In addition, the relevant Iraqi authorities must clearly and unequivocally identify all perpetrators of the kidnapping, torture, and killing of doctors, academics, human rights defenders, peaceful protesters, and other activists and bring them to justice immediately. The authorities must fulfil their constitutional obligations not to violate public freedoms, including freedom of peaceful assembly, freedom of expression, and freedom of the media. The Iraqi Parliament should legislate a fair electoral law that guarantees the ability and freedom of voters to choose their true representatives.