The Gulf Centre for Human Rights (GCHR) has documented the human rights situation in Iraq during the past five years since the start of the popular movement, including by publishing 28 periodic reports detailing the grave violations taking place in the country. They can be viewed here.
The 29th Periodic Report deals with various types of grave violations, including enforced disappearance, domestic violence leading to death, arresting civil society activists or putting them on trial on trumped up charges, in addition to various other topics.
Solidarity gatherings for the families of victims of enforced disappearance
On 15 August 2023, families of victims of enforced disappearance, with the participation of civil society activists and human rights organisations, organised solidarity gatherings in a number of governorates, including the capital, Baghdad in Tahrir Square, Dhi Qar in Al-Haboubi Square, Najaf, Basra, Maysan, Anbar, Diyala, Kirkuk and Mosul (main image). They demanded that the Iraqi government reveal the fate of their children, and prosecute the perpetrators of enforced disappearance crimes against them.
On 04 April 2023, the United Nations Committee on Enforced Disappearances published the full report of its visit to Iraq in November 2022.
The UN Committee urged Iraq, where up to one million people are estimated to have been victims of disappearance, including enforced disappearance, over the past five decades until today with ongoing patterns, to “immediately establish the basis to prevent, eradicate and repair this heinous crime.”
The UN Committee also said it “remained deeply concerned that the practice of enforced disappearance has been widespread in much of the territory of Iraq over different periods, and that impunity and revictimisation prevail.”
The UN Committee added, “As enforced disappearance still does not exist as an autonomous crime in national legislation, it cannot be prosecuted as such in Iraq.” It also called for “the State party to establish a comprehensive search and investigation strategy for all cases of disappearances.”
The UN Committee also emphasised that, “Iraq must also immediately establish an independent task force to cross-check systematically the registers of all places of deprivation of liberty with the names of all detainees.”
Human rights defenders and writers remain forcibly missing
Human rights lawyer Ali Jaseb Hattab Al-Heliji is still missing after being kidnapped on 07 October 2019, in Al-Amara city, by an armed group that is known to security forces in the governorate.
On 12 March 2021, GCHR documented the assassination of Jaseb Hattab Al-Heliji. He put all efforts and raised his voice in protests and various places in order to find his son Ali Al-Heliji.
Jaseb Al-Heliji recorded a video of himself before his assassination, in which he stated that his life was in danger and he might be killed, and asked to meet the Prime Minister to speak privately with him. In this recording, he mentioned the name of the armed militia that kidnapped his son.
Although the kidnappers are known to local authorities, they have never taken any action against them. As to the murdered father, the authorities arrested the individual who killed him but the trial is very slow and the family has been getting threats from militants not to attend.
Writer Mazen Latif was kidnapped on 31 January 2020 by a group of gunmen in civilian clothes riding in a shaded pick-up truck and taken to an unknown destination. He remains missing.
On 09 March 2020, an unknown armed group kidnapped journalist Tawfiq Al-Tamimi, who reports on the governorates for the official “Al-Sabah” newspaper, which is issued by the Iraqi Media Commission. Masked gunmen intercepted the car in which he was traveling after he left his home in Baghdad’s Ur neighborhood and took him by force to an unknown destination.
On the night of 29 March 2020, civil society activist Abdulmasih Romeo Jean Sarkis was arbitrarily arrested without a warrant by the riot police near Al-Khilani Square, and there is still no information about his whereabouts. Sarkis, 34, is a resident of the Al-Seha district of the Al-Dora area in Baghdad. His parents are old and he has a brother with special needs.
On 19 September 2020, at 8:30 pm, civil society activist Sajjad Al-Iraqi (Al-Mushrifawi) was kidnapped by seven armed people in two white Toyota pickups with unknown license plate numbers, in Al-Azirj area on the outskirts of Nasiriyah. He was accompanied by a number of his fellow civil society activists, including Muntadhar Abdulkarim and Basem Fleih, who recognised one of the kidnappers and called him by name, so they shot him in the leg with a silencer pistol. Fleih was injured as a result and transferred to the hospital for treatment. Al-Iraqi was one of the well-known participants of sit-ins in Nasiriyah.
On the night of 24 October 2021, civil society activist and journalist Bassem Al-Zaak was kidnapped while covering the sit-ins of demonstrators against the results of the Iraqi parliament elections. He was kidnapped while broadcasting a live video of the protesters’ tents, when the broadcast stopped suddenly. He disappeared and his fate is not known yet.
GCHR declares its full solidarity with the victims of enforced disappearance, and affirms its support for all those affected by the crimes of enforced disappearance. It considers the spread of this practice in Iraq a flagrant violation of the civil and human rights of citizens in Iraq. The forced abduction of people is prohibited under international laws, but it continues to be used regularly in Iraq. GCHR calls for a responsible stance by the authorities in Iraq to address it radically.
Death sentence revoked against man convicted of killing Dr. Hisham Al-Hashemi
On 31 July 2023, the Federal Court of Cassation issued its verdict, which it published on its Facebook page, annulling the death sentence issued by the Central Criminal Court against the individual convicted of killing Dr. Hisham Al-Hashemi.The Federal Court returned the case file to the Central Investigation Court to implement the necessary legal procedures again.
The court attributed the reason for its decision to the fact that the committee that investigated the case, the Committee of order No. 29, which former Prime Minister Mustafa Al-Kadhimi ordered to be created to investigate major corruption files – and was dissolved by a decision of the Federal Court in 2022, “does not have any authority to investigate the crime,” according to the text of the court’s decision.
On 10 July 2023, Al-Hashemi’s family issued a statement announcing their shock at the decision to overturn the verdict after the frank confessions of the man convicted of the murder, and asked, “Does changing the government mean changing justice?”
The case of the well-known journalist and security expert, Dr. Al-Hashemi, is a blatant example of the targeting of human rights defenders and journalists. On 06 July 2020, during the daytime, a member of an armed group riding two motorcycles and in a civilian car assassinated Dr. Al-Hashemi, in front of his house in the Zayouna area, in the centre of Baghdad.
On 16 July 2021, the Iraqi government announced the arrest of Dr. Al-Hashemi’s killer and put him on trial in a criminal case without investigating further the militant groups that are likely behind the killing.
On 07 May 2023, the Supreme Judicial Council announced in a statement that a death sentence had been issued against the murderer of Al-Hashemi by the Al-Rusafa Criminal Court, in accordance with Articles Two and Four of the Anti-Terrorism Law No. 13 of 2005. His trial hearings were postponed ten times due to his absence.
Failure of the authorities to legislate a law against domestic violence
On 20 July 2023, seven-year-old Mousa Walaa was found lying on the ground dead after the severe torture he was subjected to at the hands of his stepmother, the effects of which were clear on his body. Security sources confirmed that, “The child was subjected to violent torture, electric shocks, knives and salt at the hands of his father’s wife, until he died in Al-Khatib area, adjacent to Al-Shula city in the capital, Baghdad.”
The crime of killing this innocent child angered the citizens of Iraq, many of whom condemned the failure of the school or those around the child, including the father, to fulfill their duty to protect him.
On 22 September 2023, the Public Relations Department of the Supreme Judicial Council published frightening statistics on domestic violence rates, in which it indicated that for the first half of the year 2022, “the number of domestic violence cases amounted to 10,143 cases distributed between 500 cases of violence against children, 7947 cases of abuse of women, and 1696 cases of abuse of the elderly.”
In a televised interview on 19 August 2023, prominent human rights defender Hana Edwar referred to the Community Police report on the escalation of domestic violence incidents in July 2023, in which during its last week alone, six cases of violence against children by stepmothers were recorded, some amounting to murder, such as the case of the child Mousa Walaa.
Many women and children were victims of violence in recent years while the authorities have not taken any serious action to protect them.
These repeated tragic incidents require the speedy passage of a law that works effectively to stop domestic violence, including gender-based violence, by prosecuting those responsible, and providing real legal protection for children and women.
On 04 August 2020, the Iraqi government approved the Law on Combating Domestic Violence in order to protect vulnerable segments of society, especially children and women. The bill has been sent to Parliament for debate and approval but no progress has been made so far.
New ruling issued against journalist Sherwan Sherwani
On 20 July 2023, the Third Criminal Court in Erbil sentenced journalist Sherwan Amin Sherwani to an additional four years in prison on a charge of allegedly “falsifying documents”, under Articles 295 and 298 of the Iraqi Penal Code, according to the ruling which GCHR has viewed.
This charge is related to a petition prepared in the prison, where he was accused of forging the signature of a fellow prisoner, even though the inmate had authorised him to do so.
Local reports confirmed that this ruling was issued due to a political decision by the higher authorities in the Kurdistan Region of Iraq. The court also lacked any of the minimum international standards of justice and due process.
Sherwani, 40 years old, is an Iraqi-Kurdish freelance journalist. He investigates and writes about issues of human rights violations, including rampant corruption in government institutions and social injustice in the Kurdistan region.
GCHR has previously documented the verdict issued by the Second Criminal Court in Erbil, on 16 February 2021, of a six-year prison sentence against him and four other fellow activists and journalists.
The court convicted the five men of endangering Kurdish national security, citing their conversations on social media and a discussion group on Facebook in which they criticised the local government, which led to the charges.
On 28 April 2021, more than two months after these six-year prison sentences were issued against them, the Court of Cassation in the Kurdistan Region of Iraq upheld the decision. On 20 June 2021, the Court of Cassation issued its decision No. 52, which rejected the appeal submitted by the defense team.
Sherwani was scheduled to be released in September 2022, after a presidential decree was issued by the Presidency of the Kurdistan Region to reduce 60% of the prison term for him and his four colleagues, but the authorities brought new alleged charges against him.
His trial on the charge of forgery was postponed several times, which raised suspicions about the existence of political goals to target Sherwani with a file that was being prepared. This was confirmed by the representative of the Badinan detained activists and journalists, Kamiran Sarmami, who said, “They want to punish the him again, by claiming thatSherwani threatened a prison officer.”
Third anniversary of the assassination of prominent woman human rights defender Dr. Riham Yaqoub
The third anniversary of the assassination of Dr. Riham Yaqoub, a prominent woman human rights defender, nutrition and fitness specialist, was marked on 19 August 2023. Three years ago, she was killed by unidentified gunmen who fired rounds of bullets at her car while she was driving near the intersection of the commercial street in the centre of Basra, accompanied by her sister and friend, who were slightly injured when the car windows shattered. Her colleagues and other Iraqis recalled on social media how her life was filled with peaceful human rights activities, and noted her achievements in acquiring and disseminating scientific knowledge among people, especially women. They also emphasised that she stood against injustice openly and without fear.
GCHR demands that the Iraqi government make every effort to reveal the killers of Yaqoub and other civil society activists who lost their lives for their active participation in the peaceful popular movement that began in early October 2019 to demand comprehensive reform in the country.
Environmental activist Ali Abbas (Larry) arrested
On 09 July 2023, environmental activist and artist Ali Abbas (Larry), 23 years old, was arrested by a force affiliated with the Intelligence Department in the city of Nasiriyah, the capital of Dhi Qar Governorate, and he was not released until the next day. He was arrested in a humiliating manner as he was forcefully thrown to the ground and snatched from the middle of the street without any judicial order.
Larry is the founder of the “It’s Not my Garbage, But It’s My Homeland” campaign, who began volunteering in 2019. His work included campaigns to rehabilitate a number of streets and heritage places and remove garbage from them, as well as lighting, planting and decorate them with beautiful murals. He has gained wide fame among citizens due to his successful initiative in which many young people participated.
Larry looked tired in a video that was spread widely on social networks, in which he confirmed that the people who arrested him forced him to sign a pledge not to undertake any voluntary activity, whether it was a cleaning campaign or painting pictures on the walls.
His family confirmed in press statements that the reason for his arrest was that, “He drew a picture of the late popular poet Erian Al-Sayyid Khalaf on one of the walls adjacent to the hall of the municipality of Nasiriyah, similar to the existing statue of the poet in this same hall.”
The family added that this initiative was considered by the authorities maliciously to glorify the banned Baath Party, and that Larry had painted a picture of the former dictator Saddam Hussein on the walls, not the poet Erian Al-Sayyid Khalaf.
The family also confirmed that he was tortured during his arrest and charged with receiving funding from the banned Baath Party.
After his release, Larry gave a television interview in which he vigorously defended his independent initiative to clean up the environment in his hometown of Nasiriyah.
GCHR condemns in the strongest terms the arrest of the young environmental activist Ali Abbas (Larry) and the filing of false accusations against him instead of honouring him and celebrating his distinguished achievement, especially compared to the failure of successive governments in Iraq to efficiently remove garbage from Iraqi cities and establish factories to recycle it and extract energy from it.
Civil society activist arrested
On 16 August 2023, security forces arbitrarily arrested civil society activist Ammar Kazar Al-Maliki, coordinator of the National Project for Dialogue and Peaceful Coexistence in Iraq, from inside his house in Al-Zubayr district, west of Basra, without presenting a judicial order, and took him to an unknown destination.
The next day, a protest was organised in front of his house by his family, colleagues, relatives and acquaintances, who all demanded his release as a civil society activist known for his peaceful work in Basra and other governorates.
The GCHR calls on the Iraqi government to release civil society activist Ammar Kazar Al-Maliki immediately and without any conditions.
On gender, freedoms and social justice
Under the heading of gender, freedoms and social justice, more than 1,000 citizens representing civil, academic, cultural, political, and media personalities, belonging to an important section of Iraq’s civil and intellectual institutions, signed a statement that began with the following paragraph, “The country has witnessed, in the past weeks, a politicised and systematic campaign, which is still escalating, based on the use of the concept of ‘gender’, or ‘social gender’, in the public sphere, launched and led by influential forces in the state, personalities and circles close to it and its ideological milieu, presenting gender as a serious moral threat to society and a real undermining of the meaning of the family and the destruction of religion, through an arbitrary, erroneous and deliberate association of this concept with homosexuality, atheism and transgenderism.”
The statement condemned, “the deliberate distortion of knowledge and the imposition of a kind of tutelage and domination without scientific knowledge on universities and academic institutions.” It explained that, “This campaign stems from a masculine tendency, adopts a discourse that promotes a culture of misogyny, and justifies violence against them.”
In conclusion, the signatories of this statement called on “the ruling political forces, which call for banning the term ‘gender’ in the academic, institutional, and cultural life of the country, to stop this demonisation campaign and to devote themselves to their political and legal tasks in line with the democratic system of government stipulated in the constitution,” and they also call on the government “to exercise its role in protecting citizens and their right to work, express and think.”
Recommendations
GCHR calls on the Iraqi government to assume full responsibility in protecting all citizens, including human rights defenders, journalists, and members of civil society.
In addition, the relevant Iraqi authorities must clearly and unequivocally identify all perpetrators of the abduction, torture and killing of 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.
As we witness the continuation of the killing of women and violence against children, the Iraqi Parliament must pass domestic violence legislation into law immediately.
There is no doubt that the introduction of democratic legislation that protects public freedom and free elections is another necessary task that lies at the heart of the obligations that must be implemented by the various authorities in Iraq.
GCHR further calls on the Kurdistan Regional Government to immediately and unconditionally release all civil society activists, journalists and other prisoners of conscience including independent journalist Sherwan Amin Sherwani, who are forcibly imprisoned in violation of their rights to freely assemble and express their opinions. 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.
