20 April 2016

Iraq: 35-year-old shepherd disappears after arrest by State-backed militia in June 2015

ID photo of Raed Al-Janabi On 9 June 2015, Raed Allawi Hussein Al-Janabi, a 35-year-old shepherd was grazing his sheep near Amiriyat Fallujah – 100 km east of Baghdad – when members of the Kata'ib Hezbollah militia in military uniform took him, without presenting a warrant or explaining the reasons.

After his abduction, Al-Janabi was taken to the camp where he had been living with his family since they fled Jurf Sakhar after the Islamic State took control of the town. Al-Janabi was kept in the camp, handcuffed until about 10pm, when the men drove him to an unknown location in the direction of the Babil Province. His arrest was witnessed by several inhabitants of the camp, including his mother and other relatives.

Concerned over his fate and hoping to disclose his whereabouts, Al-Janabi’s family inquired about him at the Jourf al-Sakhr police station and at the Intelligence of Babil, but to no avail. They then turned to Alkarama and Al Wissam Humanitarian Assembly, which on 8 April 2016, seized the United Nations Committee on Enforced Disappearances (CED), hoping that this mechanism for the protection of human rights can help locate him.

Enforced disappearances: a widespread practice in Iraq

The Kataib Hezbollah militia increased its power and legitimacy by fighting against the IS along with the Iraqi army after the group seized control of territories in the northwest of the country. In June 2014, the militia was incorporated into the "People's Mobilisation" or "al-Hashd al-Shaabi", a state-sponsored umbrella organisation composed of about 40 militias.

Alkarama recalls that the practice of enforced disappearance is widespread in Iraq, as noted by the CED in September 2015, when this UN Committee analysed the situation of enforced disappearance in Iraq. On that occasion, the UN experts called upon the Iraqi authorities to ensure that all persons who were forcibly disappeared and whose fate is not yet known are searched for 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