09 December 2008

Iraq: Decease of Mr Bashir Al Joorani following torture and inhumane and degrading treatment

Mr Bashir Al JooraniMr Bashir Al Joorani Alkarama submitted a communication to the Special Rapporteur on Torture on 6 December 2008 to inform him of the death of Mr Bashir Al Joorani following acts of torture inflicted to him after his arrest on 21 November 2008 by agents of the Ministry of Interior.

Mr Bashir Muzhar Adbullah Al Joorani, aged 34, was a teacher living in Baaqouba, Muhafadhat Diyala. He was arrested on 21 November 2008 in the middle of the afternoon at a road block put up by a group of agents from the department of Criminal Cases of Diyala (Mudiriyet Jara'im Diyala) at Jadidat Al Chatt, located at the exit out of Diyala on the road leading to Baghdad.

According to witnesses, the agents of the Ministry of Interior, supervised by Commander Hisham Al Tamimi, seem to have organised a veritable ambush with the sole aim of kidnapping Mr Al Joorani. He was taken to the headquarters of the department of Criminal Cases of Diyala.

On 1 December 2008, Mr Al Joorani's family learned that he had been admitted to the general hospital of Baaqouba, to which he had been brought by the services of the Ministry of the Interior.

They went there that same day and noted that he was in a serious condition. He was only able to say "they killed me", certainly making a reference to his torturers.

His family was able to note that he had several fractured limbs and holes in his body created by the use of a piercing instrument used by the services of the Ministry of Interior for the torture of detainees. He passed away the next day on 2 December 2008 at 4.30am.

Doctors that noted the death then requested an autopsy at the insistence of the family, and his body was transferred to the legal medical services, despite the opposition from Commander Al Tamimi. However, the family has not obtained a copy of the autopsy report to this day.

His relatives were nevertheless able to photograph the victim. These photographs of the corpse are quite obvious and the traces of torture appear clearly.

Unfortunately, Mr Bahir Muzhar Adbullah Al Joorani's case does not constitute an isolated situation; this is a generalised practise which is perpetuated in complete impunity in Iraq.

Recently, on 13 August and 2 November 2008, Mssrs Thair Abdelillah JESSAM and Ziyad Annad DHIAB deceased from torture in the quarters of the department of Criminal Cases in Diyala.

We recall that Iraq has been party to the International Covenant on Civil and Political Rights since 25 January 1971.

Iraq - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 25.01.1971
Optional Protocol: No

Last State report: 11.10.2013
Last concluding observations: 19.11.1997

Convention against Torture (CAT)

CAT: Accessed on 07.07.2011
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

Last State report: 30.06.2014
Last concluding observations: 17.09.2015

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Accessed on 23.11.2010
Art. 33 (Inquiry procedure): Yes

Last State report: 26.06.2014
Last concluding observations: 18.09.2015

Universal Periodic Review (UPR)

Last review: 11.2014 (2nd cycle)

National Human Rights Institution (NHRI)

Independent High Commission for Human Rights (IHCHR) – Status B