25 May 2009

Iraq: Disapperance of 11 of Mohammed Al-Dainy’s family and staff

On 21 February 2009 at 11h00, 11 staff members of Mohammed Al-Dainy's entourage were arrested at his office and have since disappeared. Alkarama fear for their physical and mental health.

On 20 May 2009, Alkarama sent a communication to the Working Group on Enforced and Involuntary Disappearance (WGEID), asking it to make an urgent intervention with the Iraqi authorities in the case of these eleven persons (named below). The UN body has already been informed of the disappearance of Mohammed Al-Dainy himself and others around him (see also the communiqués of Ryad Jassem on 12 May 2009 and of Alaa Al-Maliki on 20 May 2009).

1. Kazem Abbas Khamis, born in 1979, risiding in Baghdad, is a cousin of Al-Dainy and is employed as one of his security officers.

2. Kareem Ibrahim Hashem, born in 1982, risiding in Baghdad, is a cousin of Al-Dainy and a police officer in the district of Diyala. 

3. Mahmoud Kareem Farhan, born in 1963, risiding in Baghdad, is a distant relative of Al-Dainy and one of his staff members. 

4. Rahman Kareem Ahmed, born in 1975, risiding in Baghdad, is employed as a driver by Al-Dainy.

5. Wissam Ibrahim Jasem, born in 1982, risiding in Baghdad, is a nephew of Al-Dainy and works for him as a security guard. 

6. Farkad Jamal Taha Yassin, born in 1981, risiding in Baghdad, is employed as a security guard by Al-Dainy. 

7. Adel Ali Taha Yassin, born in 1983, risiding in the district of Diyala, is employed as a security guard by Al-Dainy. 

8. Shaker Al-Bayati, born in 1982, residing in the district of Diyala, employed as a security guard by Al-Dainy. 

9. Khaled Barbooty Haytham, born in 1977, residing in Baghdad, is a civil servant. 

10. Maksoud Mahmoud, born 1979, residing of Baghdad, is employed as a security guard by Al-Dainy. 

11. Ghadban Hussein Mohammed, born in 1985, residing in Baghdad, is employed as a security guard by Al-Dainy. 

All these men were arrested at the same time on 21 February 2009 at Mohammed Al-Dainy's office, which is acts a complaints bureau for victims of human rights violations. 

On 21 February 2009, soldiers under the command of Colonel Ali Saber Amrane, entered the premises without a judicial warrant. All of the eleven men were beaten, their eyes were blindfolded and all of the office archives were seized.

The arrests are linked to the activities of Al-Dainy, a member of the Iraqi Parliament, heavily involved in research and documentation of human rights violations committed by multinational and Iraqi forces. 

The families of the arrestees have been unsuccessful in finding the location of their detention. The authorities have also not officially recognized the arrest and detention of these men. 

These arrests are therefore obvious cases of enforced disappearance. Alkarama has made an urgent request to the WGEID for them to urgently intervene with the Iraqi governmental authorities, in order to release or put these 11 individuals under the protection of law, in the shortest possible time.

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