07 April 2010

USA/Iraq: Omar Al-Utaibi disappeared - Iraqi authorities deny involvement

Omar Al-Utaibi was arrested at an Iraqi-American military checkpoint in Al-Falouja on 31 January 2004 and has since disappeared. The Iraqi authorities denied holding him. He is the son of Issam Al-Utaibi, arrested and arbitrarily detained by the Jordanian authorities before being released in 2008; the UN later found his detention to be arbitrary.

On 24 March 2010, Alkarama submitted Omar Al-Utaibi's case to the Working Group on Enforced or Involuntary Disappearances Iraqi, requesting its intervention with the Iraqi authorities for his release.

While driving with a friend, Omar Ezzeddine Al-Utaibi was stopped at a Iraqi-American military checkpoint in Alkurna-Sabe 'Bour, about 20 km from Al-Falouja. His friend, who is currently held in Soussa prison near Baghdad, informed the International Red Cross that Omar that Omar Al-Utaibi was being held in Al-Tobaji prison for juvenile offenders in Baghdad, as an Iraki national, under the name Fadel Al-Muslawi . At the same time, a Jordanian and former prisoner of Al-Tobaji prison told Omar Al-Utaibi's family that he had been detained with him in Al-Tobaji prison. The Iraqi authorities have refused to recognize his detention.

Following his arrest, his family was denied access to information related to his disappearance, as any effort to investigate his case ended in a deadlock. His family contacted the U.S. occupation authorities, the International Red Cross and the Jordanian intelligence services hoping for their intervention in Omar's release, however none of them were to deliver.

In 2008 Omar's parents received a letter from their son dated of 25 October 2007, in which he confirmed that he was in fact arrested by U.S. military forces on 31 January 2004. He also confirmed that he was still detained at Al-Tobaji prison and wrote that he had been sentenced to 7 years imprisonment and that following a reduction to the length of his sentence, he would be released in a year.

On 20 December 2008, a Jordanian intelligence officer visited Omar's family and showed them a picture of Omar wearing orange garbs similar to those worn by prisoners at Guantanamo Bay detention center. However, it was only in early 2009 that the Jordanian authorities confirmed Omar's arrest and were thus able to identify him.

In mid-September 2009 the International Red Cross informed Omar Al-Utaibi's family that it had not obtain any information related to their son; neither from the U.S. occupation authorities, nor the Jordanian intelligence services, who at that time denied any knowledge of his whereabouts, however were secretly trying to locate him.

Finally, on 18 March 2010, Omar's father received a phone call from one son's fellow inmate informing him that Omar was still being held in Al-Tobaji prison. Meanwhile, the Iraqi authorities continued to deny Omar's detention both under the name Omar Ezzeddine Al-Utaibi that under his pseudonym, "Fadel Al-Muslawi".

Omar's family have long since waited in vain for his release and should at least be given an official recognition for his detention by the U.S. or Iraqi authorities, as fears now persist that he may be permanently disappeared.

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