Iraq: GCHR’s 25th Periodic Report on Human Rights Violations in Iraq





Metro, gc4hr

This report, issued by the Gulf Centre for Human Rights GCHR), documents the human rights situation in Iraq during the period from 09 August to 15 December 2022, when grave violations took place against citizens, including peaceful demonstrators, human rights activists, and a journalist. The report documents the killing of two demonstrators by the security forces and the torture of another citizen. It also presents an analysis of a repressive new law restricts freedom of expression, assembly, and peaceful demonstrations.

Parliament ends first reading of law that suppresses public freedoms

On 03 December 2022, the Iraqi parliament completed the first reading of the law on freedom of expression, assembly, and peaceful demonstration, which was submitted by the Human Rights Committee. After an analytical study conducted of all the articles of this law, GCHR stresses that it is a repressive law that seeks to restrict the public freedoms of citizens.

In Article (1), the law inhibits freedom of expression with the condition that it does not "disrupt public order and public morals.” In Article (2), it is repeated that freedom of expression, in addition to freedom of peaceful demonstration and the right to knowledge, is constrained by this same condition. There is no doubt that terms like "public order” and "public morals” are loose and general terms that are easy to use in order to imprison peaceful dissidents and protesters.

Article (7) requires citizens to obtain prior permission from the head of the local administrative unit at least five days in advance before holding any peaceful demonstration. Practically, this means subjecting the right to peaceful demonstration to the political mood of the heads of administrative units which often leads to the rejection of permits for any protests. This law rescinds Coalition Provisional Authority (CPA) Order No. 19 of 10 July 2003, which required only reporting, not approval, for demonstrations in public places.  

Once again, Article (8) IV requires protesters not to raise banners and slogans, nor to make statements "contrary to public order or public morals." This means, in practice, largely restricting freedom of expression, as the authorities may describe everything that protesters do as "contrary to public order and public morals."

Article (9) denies school and university students their right to peaceful demonstration, which is a natural right that must be granted to them so that they can peacefully protest and express their views on any issues of concern to them in their academic or public life.

As for Article (10), it specifies the time for organising demonstrations mut be between 7am and 10pm, and thus eliminates the citizens' right to a continuous peaceful sit-in.

Article (11) is a very dangerous paragraph within this law, as it gives the security authorities the right to use force to disperse demonstrators if their protest leads to "destabilising security.” This is another phrase that has been added which would allow the government to consider every peaceful demonstration as "destabilising" to its security, and to use force to disperse it, in this clear disregard for citizens' right to life.

The text of Article (13) includes the reinstatement of the Iraqi Penal Code No. (111) of 1969 which violates the right of citizens to enjoy freedom of expression and freedom of peaceful demonstration. In practice, this means the application of Articles (220), (221) and (222) of this law, which include prison sentences for one or two years against citizens for demonstrations without the approval of the authorities or according to their interpretations of the objectives of the demonstrations.

Demonstrations commemorate anniversary of popular movement’s launch
On 01 October 2022, demonstrations took place in Al-Tahrir and Al-Nisour Squares in the centre of the capital, Baghdad, in which hundreds of protesters participated, in commemoration of the third anniversary of the popular movement that began on the same day in 2019. The demonstrators raised Iraqi flags and pictures of a number of victims of the protests who were killed by security forces or armed militias. They also denounced the spread of youth unemployment, poor public services, the collapse of infrastructure, and the lack of respect for public freedoms. They demanded that the killers of the demonstrators be brought to justice, an end to practise of kidnapping and disappearances, and comprehensive reform. There were limited clashes between the demonstrators and the security forces, who used tear gas. Several cases of suffocation were recorded among the protesters, and a number of members of the security forces were slightly injured in these clashes.

Baghdad and several other governorates also witnessed limited demonstrations on 25 October 2022, which raised the same demands. Reliable local reports confirmed that, in the days preceding the start of these demonstrations, the security forces conducted campaigns of searching the homes of civil society activists in the Governorates of Baghdad, Babil, Najaf, Dhi Qar and Basra, with the aim of preventing them from participating in these popular protests.

Peaceful protester sentenced to three years in prison

On 05 December 2022, the first panel of the Al-Rusafa Criminal Court sentenced civil society activist Haider Hamid Finjan Al-Zaidi to three years in prison, according to the ruling which was given to GCHR by the defendant. He was sentenced under Article 226 of the Iraqi Penal Code, which is concerned with insulting state institutions. The court's decision also stated, "The affected party, which is the Popular Mobilisation Forces, reserves the right to claim compensation" and "confiscates the mobile phone" belonging to Al-Zaidi, and the judgment can be appealed.

In a video circulated on social media networks, Al-Zaidi explained that he was arrested on 06 June 2022, and released on bail on 19 June, because he posted tweets on his Twitter account, which were later deleted. The Popular Mobilisation Authority filed a legal complaint against him claiming that these tweets are offensive to them.

Sources close to his family confirmed to GCHR that a force affiliated with the Popular Mobilisation Forces arrested him and that he suffers from health and physical problems due to torture that he alleged he was subjected to during his detention.

His fellow protesters launched a massive campaign to demand his release, using the hashtag: #Freedom _ for _ Haider _ Al-Zaidi

Two peaceful demonstrators killed
On the evening of 07 December 2022, peaceful demonstrators gathered in Al-Haboubi Square in the city of Nasiriyah, in Dhi Qar Governorate, southern Iraq, condemning the three-year prison sentence issued against civil society activist Haider Al-Zaidi at a time when the corrupt and the killers of protesters are moving freely. They called for his immediate release, The security forces opened fire on the protest, killing two peaceful demonstrators, Ali Razzaq Al-Yasiri and Mohammed Samir Al-Azmawi, and wounding 21 others. This constituted the first lethal targeting of peaceful demonstrators under the new Prime Minister, Mohammed Shia Al-Sudani, who was elected on 27 October 2022.

On 14 December 2022, the official spokesman for the Commander-in-Chief of the Armed Forces, Major General Yahya Rasool, published several tweets on his Twitter account about the results of the investigation into the targeting of demonstrators, one of which stated, "The main source of the incident has been determined, and he is a member of the security services."

Journalist attacked
Journalist Nabil Al-Jubouri, a correspondent for Zagros satellite channel and Akad News Agency, in Diwaniyah, the capital of Al-Qadisiyah Governorate, faced successive attacks while covering popular protests and trying to solicit citizens' opinions on the country's public affairs.

This series of attacks first began when he was beaten and prevented from covering the October 2019 demonstrations. A few months later, people belonging to an armed local militia entered his office at Akad News Agency and searched for him and other colleagues, who were all outside the office at the time. As a result, they had to move to work from another office. Also, more than a year ago, unknown persons put a threatening paper on the door of his house and fled. At dawn on 30 August 2022, gunmen riding a four-wheel drive vehicle threw a bomb made of dynamite at his house, fortunately causing only material damage. The security forces did not arrive until a long time after the incident to take care of formal procedures and failed to identify the perpetrator. On 21 September 2022, the surveillance cameras of his house monitored a person's attempt to stick a package under his car, but he failed due to the presence of pedestrians, so he left without completing his dangerous task.

The competent government agencies were informed of all this continuous targeting, but their reaction was characterised by a lack of seriousness in pursuing the perpetrators, who often belong to armed militias with significant government influence.

Headquarters of National Civil Movement stormed
On 30 September 2022, political activist Shorouq Al-Abaiji, the former member of the Iraqi parliament, posted on her Facebook page a video in which she spoke bitterly about the Baghdad Operations Command, in cooperation with other security agencies, who stormed her private home and the headquarters of the National Civil Movement, for which she is Secretary-General, and confiscating assets and belongings, as well as money from both her home and movement headquarters. In a video of a press interview, she mentioned other details about the two raids, which were carried out by a huge military force, despite the fact that the movement operates officially and publicly, and indicated that the motive was to intimidate everyone who supports the popular October movement.

Human rights defender arrested 
At dawn on 12 December 2022, the security forces raided the house of prominent human rights defender Ammar Hamid Rashid Al-Khazali, one of the leaders of the protests in Diwaniyah, and placed him in detention at Al-Suniya Police Station.

Upon his arrest, human rights defenders and civil society organisations issued an appeal stating, "We demand the Iraqi government provide the necessary physical and legal protection for young Ammar Al-Khazali and his urgent release, in line with Iraq's international human rights obligations." The appeal also stated, "The arrest process does not comply with what the Prime Minister undertook in his government curriculum by calling for complaints regarding human rights violations and not to extract forced confessions or be subjected to torture and degrading treatment." He was released on bail the same afternoon due to the massive solidarity campaign. Reliable local sources confirmed that he was charged based on Article 229 of the Iraqi Penal Code for allegedly assaulting employees and others entrusted with a public service, due to a post he made on social media in which he criticised Governor Zuhair Ali Al-Shaalan, Governor of Al-Qadisiyah.

Man accused of "theft of the century" released

After the man accused of the "theft of the century" in Iraq, Nour Zuhair, was released on bail, the judge of the Al-Karkh Investigation Court specialising in cases of integrity, Diaa Jaafar, has given on 28 November 2022, a press interview explaining the decision to release the main person accused of stealing from the tax and customs secretariats The Judge said the following, "The process of his release on a financial bail was carried out in accordance with the Code of Criminal Procedure after he showed his willingness to hand over the sums of money owed by his companies and to make a financial settlement amounting to more than one trillion and six hundred billion dinars within a specified period of time." Zuhair’s release was met with a wide campaign of strong condemnation due to the huge sum of the money that was embezzled, amounting to 3.7 trillion Iraqi dinars (equivalent to USD $2.5 billion).

Citizen tortured
In a television interview broadcast on 15 November 2022, Ali Mohammed Aswad, 28 years old, explained how doctors had to amputate his fingers due to the torture he was subjected to by the security authorities in Kirkuk Governorate. He was arrested in June 2022 by a Federal Police Intelligence force and was subjected to torture that led to amputation of the fingers of his left hand and one of the fingers of his right hand to prevent damage from spreading to all parts of the hands, as well as damage to other parts of his body. The forces who were holding him had to take him to the hospital for treatment after his health deteriorated.

Peaceful protester assassinated

On 31 August 2022, a peaceful demonstrator, Abbas Al-Iraqi, was assassinated in the Al-Salam sub-district of Maysan Governorate by an unknown armed group while he was on his way to perform prayers.

American citizen assassinated 
On 07 November 2022, an armed militia killed American aid worker Stephen Troell, 45 years old, with silencer weapons while he was driving his car with his family on Al-Sinaa Street in central Baghdad. Troell had been living in Iraq for two years and has worked with the Millennium Relief and Development Services. He also worked as an English language teacher at the Global English Institute in Baghdad.

On 11 June 2018, he wrote the following tweet and attached a picture of him and his wife on Al-Mutanabbi Street where cultural events and book fairs take place, "How we loved visiting Baghdad!!! The treasure of Iraq is its people." The majority of citizens condemned his killing, and the Prime Minister ordered the formation of "an investigative committee from the specialised agencies of the Ministry of Interior and other security agencies, "but the results of the investigation or the identity of the perpetrators have not been announced yet.

Recommendations

GCHR calls on the Iraqi government to take full responsibility to protect all protesters, journalists, human rights defenders, and members of civil society. In addition, the relevant Iraqi authorities must identify all perpetrators of the kidnapping, torture, and killing of human rights defenders, peaceful protesters, and other activists and bring those responsible 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 press, and to combat rampant corruption that squanders national wealth, which should benefit all citizens.



AM:11:45:18/12/2022




viewer 360