05 July 2011

Iraq-USA: Arbitrary detention of 48 "Arab prisoners" in Iraq after unfair trials

Since the invasion of Iraq by the Coalition Forces led by the United States in March 2003, many nationals of Arab countries have been the victims of arbitrary arrest, savage torture, and secret detention and have been condemned to heavy sentences following unfair trials.

Alkarama sent a communication to the Working Group on Arbitrary Detention and to the Special Rapporteur on Torture to request that they intervene with the Iraqi authorities in 48 cases and seek that the victims' right to remedy is recognized and that they are compensated for their torture and ill treatment.

The 48 people named below have all been condemned to heavy sentences of imprisonment and are detained in Soussa prison in Suleimaniyah (Iraqi Kurdistan).

The "Arab prisoners" are nationals of many different Arab countries who were arrested in Iraq between 2003-2008. All report having been tortured and detained in secret for many months by the American occupation authorities. They were then judged in expedited trials by an "Iraqi tribunal."

Although each was arrested under different circumstances, most frequently the arrests took place at their home because of where they worked or their foreign nationality. They were interrogated either by the American forces or the Iraqi authorities on the grounds that their presence in Iraq was questionable and that they were suspected of having supported the "resistance" of the Iraqi people against the "forces of US occupation."

It is important to note that these people have not been accused of being involved in terrorist attacks or activities. If they had, it is likely that they would have been summarily executed or sentenced to death.

All of these men have clearly been deprived of their fundamental rights to due process and legal assistance. They were all sentenced to heavy prison time purely because of confessions they made under torture, under the pretext of them having violated Iraqi law on entry and residence in the territory. Furthermore, the majority is still deprived of the right to appeal their judgments.

They are as follows:

1. Mr. Mohamed Ahmed OUABED: an Algerian national, 36 years old, who works as a merchant in Mossul where he normally lives. Members of the American armed forces arrested him on 18 May 2005 at his home. On 15 June 2006, he appeared at an office where American and Iraqi officials were present who announced themselves as members of the court. Several months later, he was sentenced to 15 years in prison though even the judge himself considered the charges against Mr. Ouabed to be inconsistent.

2. Mr. Ismail Ibrahim AL-MAIQAL: a Saudi national, 29 years old, who traveled regularly to Iraq. He was arrested by American soldiers and sentenced in August 2006 to 15 years in prison after having been detained for three years before the beginning of any legal proceedings.

3. Mr. Abdallah Hamoud AL-TWIJRI: a Saudi national, 29 years old. He was arrested by American soldiers in October 2004 and was not brought before a judge until October 2005. He was convicted in an expedited trial to 15 years imprisonment.

4. Mr. Azzedine Mohamed Abdeslam BOUJNANE: a Moroccan national, 28 years old. He was arrested by American soldiers in February 2004. After his hearing in July 2005 he was sentenced to 10 years in prison for having entered into Iraq illegally.

5. Mr. Ibrahim Abdallah MOHAMED: a Yemeni national, 25 years old. He was arrested on 24 January 2006 following an identity check by American and Iraqi soldiers although he had entered Iraq by legal means. He was sentenced to 15 years in prison on 10 December 2006.

6. Mr. Faraj Hamid Ramadan, a 26-year-old Libyan national, was arrested in July 2005 and sentenced to 15 years in prison in October 2006.

7. Mr. Salah Faraj Miftah, a 36-year-old Libyan national, was arrested in August 2005 and sentenced to 10 years in prison in October 2006.

8. Mr. Hassan Salihine, a 36-year-old Libyan national, was arrested in September 2005 and sentenced to 10 years in prison in September 2006.

9. Mr. Abdullah Habib Abdellah, a 46-year-old Tunisian national, was arrested in September 2005 and sentenced to 10 years in prison in October 2006.

10. Mr. Mounir Mabrouk Bashir, a 34-year-old Tunisian national, was arrested in July 2005 and sentenced to 15 years in prison in August 2006.

11. Mr. Mohamed Bin Hadi Al Nawi, a 31-year-old Tunisian national, was arrested in October 2004 and sentenced to 12 years in prison in February 2005.

12. Mr. Tarek Hassan Omar, a 30-year-old Tunisian national, was arrested in May 2005 and sentenced to 10 years in prison.

13. Mr. Oussam Ahmed Mohamed, a 35-year-old Syrian national, was arrested in May 2005 and sentenced to 15 years in prison.

14. Mr. Anas Khaled Abdulrahim, a 27-year-old Syrian national, was arrested in February 2005 and sentenced to 15 years in prison in February 2007.

15. Mr. Khalil Hassoun Al Hassoun, a 25-year-old Syrian national, was arrested in May 2005 and sentenced to 10 years in prison in November 2005.

16. Mr. Hassan Mahmoud Al Abdallah, a 31-year-old Syrian national, was arrested in October 2003 and sentenced to 15 years in prison in October 2006.

17. Mr. Anas Farouk Ahmed, a Syrian national.

18. Mr. Khaled Hassan Alou, a Syrian national.

19. Mr. Amine Al Sheikh, a Syrian national.

20. Mr. Ahmed Mohamed Ali Al Fara, a Syrian national.

21. Mr. Sadek Hussein Mahmoud, a Syrian national.

22. Mr. Yasser Sobhi Ibrahim, a 32-year-old Syrian national, was arrested in November 2004 and sentenced to 10 years in prison in October 2006.

23. Mr. Adnan Mahmoud Iskaf, a 32-year-old Syrian national, was arrested in November 2004 and sentenced to 10 years in prison in September 2006.

24. Mr. Abdullatif Mostafa, a 42-year-old Syrian national, was arrested in November 2004 and sentenced to 12 years in prison in September 2006.

25. Mr. Ali Awad Al Harbi, a 31-year-old Kowaiti national, was arrested in October 2004 and sentenced to 15 years in prison in September 2005.

26. Mr. Asaad Khalil Mohamed, a 42-year-old Palestinian national, was arrested in January 2006 and sentenced to 15 years in prison in September 2006.

27. Mr. Saleh Saad Al Qahtani, a Saudi national.

28. Mr. Okab Wanis Okab, a 27-year-old Saudi national, was arrested in October 2004 and sentenced to 15 years in prison.

29. Mr. Jamal Yahya Mohamed, a 29-year-old Saudi national, was arrested in July 2005 and sentenced to 10 years in prison in January 2006.

30. Mr. Majed Said Al Ghamidi, a 34-year-old Saudi national, was arrested in November 2003 and sentenced to 15 years in prison in June 2006.

31. Mr. Fayez Mohamed Mahmoud Tashi, a Saudi national.

32. Mr. Khaled Ahmed Saadoun, a 27-year-old Saudi national, was arrested in March 2003 and sentenced to 10 years in prison in February 2005.

33. Mr. Mansour Abdallah Lafi, a 27-year-old Saudi national, was arrested in October 2004 and sentenced to 15 years in prison in May 2005.

34. Mr. Zayd Ragan Al Shamari, a Saudi national.

35. Mr. Omar Obeid Al Ali, a 50-year-old Saudi national, was arrested in March 2005 and sentenced to 15 years in prison in August 2006.

36. Mr. Mosaid Mohaya Al Matiri, a Saudi national.

37. Mr. Waleed Ayed Al Qahtani, a Saudi national.

38. Mr. Bandar Mansour Hamad, a 26-year-old Saudi national, was arrested in November 2004 and sentenced to 15 years in prison in December 2006.

39. Mr. Sadiq Omar Muntassir, a 36-year-old Saudi national, was arrested in December 2004 and sentenced to 15 years in prison in October 2006.

40. Mr. Badis Kamal Moussa, a 29-year-old Algerian national, was arrested in May 2005 and sentenced to 15 years in prison in December 2005.

41. Mr. Abdulhak Saadi Mhamdia, a 29-year-old Algerian national, was arrested in May 2005 and sentenced to 15 years in prison in March 2006.

42. Mr. Moujib Said Saleh, a 32-year-old Yemeni national, was arrested in June 2006 and sentenced to 15 years in prison in August 2006.

43. Mr. Aref Abdallah Al Dahmi, a 35-year-old Yemeni national, was arrested in November 2004 and sentenced to 12 years in prison in March 2005.

44. Mr. Abdallah Hussein Ahmed, a 39-year-old Yemeni national, was arrested in October 2005 and sentenced to 15 years in prison in October 2006.

45. Mr. Fares Abdallah Ali, a 30-year-old Yemeni national, was arrested in September 2006 and sentenced to 19 years in prison in December 2006.

46. Mr. Rashid Ali Yahya, a 21-year-old Yemeni national, was arrested in September 2008 and sentenced to 15 years in prison in October 2010.

47. Mr. Majed Ismail Kayed, a Jordanian national.

48. Mr. Adel Mohamed Abdallah, a Somalian national.

From what has been reported in numerous eyewitness accounts of the Arab detainees, it is clear that they have been arbitrarily deprived of their liberty. Their convictions were based on statements extracted under torture and they were not able to assert their defences with proper legal assistance. They were also not able to appeal their convictions and subsequent prison sentences. The legal processes that led to the convictions and detentions of the detainees from Arab countries were thus in clear contravention of international standards established by the International Covenant of Civil and Political Rights to which Iraq is a party.