02 February 2010

Iraq : Lawyers claim courts ‘comparable to those under the former regime'

dainy_icrc_nov2008
Mohamed Al-Dainy, Geneva, October 2008
On 25 January 2010, Mohamed Al-Dainy, MP for the National Dialogue Front and an Iraqi human rights defender, was sentenced to death in abstentia by Central Court of Baghdad. He is accused of planning the April 2007 bombing of the Iraqi House of Representatives' cafeteria as well as other terrorist operations.

Mr Al-Dainy fled Iraq in early 2009 after receiving death threats. He was then arrested in Malaysia on 10 October 2009 after an international arrest warrant was issued by the Iraqi authorities in his name. He has made a request for political asylum in Malaysia and is now awaiting for the outcome of his application.

Mr Al-Dainy was the subject of various submissions to the United Nations Special Procedures and has also been the subject of several resolutions by the Governing Council of the Inter-Parliamentary Union (IPU), the focal point for world-wide parliamentary dialogue and works for peace and co-operation among peoples and for the firm establishment of representative democracy.

Mr Al-Dainy documented a large number of violations by the Iraqi authorities and militias close to the Government. Because of this work, he was subjected to numerous threats from the authorities, so much so that we feared for his safety, particularly following his visit to Geneva in 2008 in which he exposed the on-going human rights violations in Iraq by those in power, to a number of United Nations Special Procedures.

Mr Al-Dainy was accused by those close to the Iraqi President, Nouri Al-Maliki, of having orchestrated the terrorist attack on the Parliament cafeteria in April 2007 which killed 3 MPs, including a friend and colleague from the National Dialogue Front. Mr Al-Dainy has always denied these allegations.

On 11 February 2009, Ryad Ibrahim Jassem, the head of Mr Al-Dainy's security, was arrested and disappeared, followed by the arrest and disappearance of Mr Al-Dainy's driver, Mr Alaa Al-Maliki on 17 February 2009. Both appeared, to their families' astonishment, on Iraqi public television on 22 February 2009, ‘confessing' to having participated in the Parliament bombing. It was clear that they had been tortured, and this was confirmed by the lawyer they spoke to, in order to accuse Mr Al-Dainy of these acts.

Following growing pressure, Mr Al-Dainy attempted to leave Iraq for Jordan on 25 February 2009, but his flight was turned around and recalled to Baghdad after take off. Mr Al-Dainy then disappeared. Following his attempted arrest, his entourage, including family and staff, were arrested and disappeared by the Baghdad Brigade, close to Prime Minister Al-Maliki, most likely to apply further pressure on Mr Al-Dainy.

Both Ryad Ibrahim Jassem and Mr Rahman Ahmed Kareem were finally judged on 14 September 2009 in a very speedy trial. All rights of the defence, as laid out in international human rights law and the Iraqi Constitution were ignored. In particular, in addition to the severe torture used to extract confessions, the defendants were not able to meet with their chosen lawyer during investigations, but were replaced by lawyers appointed by the Government. During the investigations, the Judge systematically ignored lawyers' requests for a medical exam to establish torture had indeed taken place, and the judge refused to hear key witnesses presented by the defence. However, the judge heard a secret witness who provided incoherent testimony who spoke on facts extending up to a year ago, for which Mr Al-Dainy was never questioned, although he was accused of being responsible for organising these activities. Also, the judge refused to take into consideration the conclusions of the Parliamentary Commission of inquiry set up following the attacks.

We must once again point out that these practises, including the use of severe torture, have become common practise, in the Iraqi justice system - so much so that the lawyers of Ryad and Rahman have stated - to the Court in question - that the current justice system is starting to resemble that of the Revolution under the former regime.

It is clear to observers that the only aim of the condemnation and sentencing to life imprisonment of Ryad Ibrahim Jassem and Rahman Ahmed Kareem (quickly appealed by their lawyers) was to lend credibility to the accusations against Mr Al-Dainy, accusations which were based on confessions extracted under extreme torture.

The aim of all this clearly was the removal from the public scene of a burdensome political opponent and human rights defender, that is to say, Mr Al-Dainy.

Alkarama remains deeply disturbed by these events and will continue to follow Mohamed Al-Dainy's case closely, as well as that of those arrested because of their relation to him.

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