07 April 2014

Iraq: When will Shawki Omar be free?

IRA Shawqi Omar with Children

Shawki Omar, a Jordanian national with American citizenship, has spent the last 10 years behind bars in Iraq. Ten years during which he was severely tortured on several occasions when he was held by US soldiers, then by the Iraqi authorities. Omar Shawki had left the United States for Iraq after the US invasion, hoping to find a well-paid job in the context of the efforts to rebuild the country's infrastructure. Instead, he was arrested in October 2004 by US soldiers and was sentenced six years later to 15 years in prison by the Central Criminal Court after a grossly unfair trial. His sentence was later reduced to 7 years. Shawki should have been released five years ago as he already served his sentence. Today, Alkarama asked today the UN Working Group on Arbitrary Detention to intervene urgently with the Iraqi authorities to request his immediate release from Karkh prison as his health condition is deteriorating and his detention is devoid of any legal basis.

Shawki was arrested in October 2004, along with his wife, by US soldiers at their home and was held incommunicado for two weeks. During this period of secret detention, he was subjected to severe torture, including electric shocks and simulations of drowning. Later, he was transferred to Camp Cropper - today known as Karkh Prison- and then to Abu Ghraib Prison - reopened as Baghdad Central Prison- with a period of several months of detention in the US army base Camp Bucca close to Umm Qasr, South Iraq. He was handed over to the Iraqi authorities in July 2011 and was taken back to Karkh Prison.

While still being held in US-controlled facilities, he was sentenced to 15 years imprisonment for illegal entry to Iraq following an utterly unfair trial before the Central Criminal Court in Iraq on 24 June 2010 on the basis of confessions obtained under torture. He was able to submit an appeal and the court of cassation reduced at the beginning of 2011 to 7 years imprisonment without counting the years already spent in prison.

At the end of November and the beginning of December 2012, Mr Omar was taken in for new interrogation sessions, again about his alleged implication in terrorist networks. He was subjected to severe beatings and was threatened by security personnel that he would be transferred to a secret detention facility where he would suffer an even harsher treatment. In January 2013, around 25 detainees of Karkh Prison were transferred out of the prison and their fate and whereabouts remain unknown at the time.

After an ICRC visit to Karkh prison on 6 May 2013, all prisoners detained in the same section as Shawki Omar were reportedly moved to either other detention facilities or other sections of the same prison – possibly in retaliation for having spoken to the ICRC. The victim was transferred to the prison section where common law criminals are held, where the situation is said to be significantly more dangerous for foreigners and in which it was reported that some of detainees were murdered by guards. Despite several requests for a change of his situation, he is still imprisoned in very bad conditions, with few contacts allowed with his family and lawyer.

Today, Alkarama asked the UN Working Group on Arbitrary Detention to issue an Opinion as to the arbitrary nature of Shawki Omar's detention and request the Iraqi authorities end his arbitrary detention by releasing him immediately. As his health condition is worsening, he is still at risk of being subjected to torture and his detention is devoid of any legal basis now for more than 2 years and 6 months.

Libya - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 15.05.1970
Optional Protocol: Yes

State report: Overdue since 30.10.2010 (5th)
Last concluding observations: 15.11.2007

Convention against Torture (CAT)

CAT: Accessed on 16.05.1989
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Overdue since 14 June 2014 (initially due in 2002)
Last concluding observations: 01.01.1999

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

No

Universal Periodic Review (UPR)

Last review: 05.2015 (2nd cycle)
Next review: May 2015 (2nd cycle)

National Human Rights Institution (NHRI)

National Council for Civil Liberties and Human Rights − Status B

Last review: 10.2014