17 September 2012

Iraq: Execution of a Tunisian detainee in Al Rusafa Prison

Iraqi authorities should investigate the circumstances surrounding the death of Tunisian detainee Abdullah Al Matoui, assassinated in Al Rusafa Prison, Baghdad.

On 2 August 2012, Abdullah Habib Abdullah Al Matoui, a Tunisian citizen detained in Iraqi prison since 2005 was attacked and killed inside Al Rusafa prison in Baghdad. Having been victim of an assassination inside a prison facility under the responsibility of the Iraqi penitentiary administration, his death indicates a clear failure by the Iraqi government to provide protection to the large number of detainees across the country. Alkarama therefore asks for the Iraqi authorities to carry out an impartial and independent investigation into the circumstances surrounding Mr Al Matoui's death in view of establishing responsibilities for his assassination of and to prosecute and punish the perpetrators as well as those who failed to protect him from the attack.

In September 2005, Mr Al Matoui was arrested in Iraq and detained there since then. Following his arrest, he was subjected to severe torture and mistreatment, which, together with dire detention conditions, led to chronic health issues, as reported by his family. One year after his arrest, in October 2006, he was sentenced to 10 years of prison following an unfair and expeditious trial, based on confessions extracted under torture and without access to legal counsel.

After this sentence, Mr Al Matoui was detained in Soussa prison in Al Sulaymanyah province, located in the Kurdish region of Iraq. According to fellow detainees, the penitentiary administration of Soussa prison repeatedly expressed death threats against him because of his public criticisms against the inhuman conditions imposed on those detained in Iraqi detention facilities across the country.

On 31 July 2012, Mr Al Matoui was transferred from Soussa prison to Al Rusafa prison in the capital, Baghdad, allegedly to benefit from the exchange of prisoners' agreement signed in March of the same year between the Iraqi authorities and their Tunisian counterparts. However, Mr Al Matoui was never handed over to the Tunisian authorities as he was assassinated inside the prison. Following three days of detention in solitary confinement in Al Rusafa prison he was taken out of his cell by the guards and beat and stabbed by three men who came from outside the prison, which led to his death the same day.

Mr Al Matoui, as a detainee in Al Rusafa prison, was under the direct responsibility of the Iraqi authorities at the time of his death. Thus, the authorities not only clearly failed to protect him, but they are also complicit in his death, given that they allowed for the perpetrators to access the prison. This tragic event also indicates that the situation of many prisoners detained in Iraq continue to be a matter of great concern as grave violations continue to occur in prisons and detention facilities under Iraqi jurisdiction, in most case with the full knowledge of the authorities.

Today, Alkarama submitted his case to the Special Rapporteur on extrajudicial execution as well as further UN Special Procedures. 

Kuwait - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 21.05.1996
Optional Protocol: No

State report: Due 02.11.2014 (3rd)
Last concluding observations: 22.12.2011

Convention against Torture (CAT)

CAT: Accessed on 08.03.1996
Optional Protocol: No
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

Next State report: Due on 03.06.2015 (3rd)
Last concluding observations: 28.06.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 05.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

No