05 February 2016

Iraq: Enforced Disappearance of Another Citizen from Dulaim since October 2014

Arshad Al Dulaimi Arshad Al Dulaimi

On 18 October 2014, 26-year-old worker Arshad Al Dulaimi was with his cousin crossing the checkpoint situated on Dulaim bridge, north of Baghdad, when they were arrested by the military forces and taken to Al Aqrab prison, in the nearby city of Hillah. The authorities have, however, always refused to provide any information on Al Dulaimi's whereabouts. Concerned over his fate, on 3 February 2016, Alkarama and Al Wissam Humanitarian Assembly sent a communication to the United Nations Committee on Enforced Disappearances (CED), hoping that this treaty body − a committee of independent experts that monitor implementation of the core international human rights treaties by its State parties − could help locate the victim.

On 18 October 2014, Arshad Al Dulaimi was coming back home from work with his cousin Jamal. When they reached the Dulaim bridge, at about 4pm that day, they were arrested by the soldiers guarding the checkpoint situated there. As Jamal – who was set free 10 days later – could attest, they were both brought to Al Aqrab prison in the nearby city of Hillah, 100km south of Baghdad.

Worried for their own safety, Al Dulaimi's relatives did not reach out to the authorities, and contacted Alkarama and Al Wissam Humanitarian Assembly hoping the two human rights organisations could help to locate him by bringing his case to the attention of the CED to call upon the Iraqi authorities to release him immediately or, at the very least, to disclose his whereabouts and allow his family to visit him without restriction.

"It is concerning to see that Al Dulaimi's case only adds to a long list of persons disappeared from the village of Al Dulaim, and even more considering that another victim from Al Dulaim also disappeared after being brought to Al Aqrab prison in Hillah," states Inès Osman, Legal Officer for the Mashreq. "The Iraqi authorities must immediately put an end to the use of enforced disappearance to spread terror among the population, as this practice amounts to a crime against humanity as well as a war crime, and ensure that all persons who were forcibly disappeared are searched and located without delay."

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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