Amnesty International and the U.S. State Department recently
released their annual reports on human rights around the world. As usual, Iraq
fared badly. Neither organization found any improvements in the situation
within the country. The common charges of mass arrests, arbitrary detentions,
holding suspects without charges and access to lawyers, torture and abuse of
prisoners, holding people that should be released, corruption, intimidation and
harassment of the media, and limiting freedom of speech and assembly were all
heard. These abuses occurred at the hands of both the central and Kurdistan
Regional Government (KRG). The reason why this situation persists is because
there is no due process, and more importantly no accountability within the
government to stop and reform any of these practices. Even when parts of the
government itself find cases of abuse nothing substantive is done about it.
Investigations are always announced for example, but they never lead to
anything. Since these types of report have become the norm for Iraq, there is
nothing different between this year’s and the last few. What Amnesty and the
State Department can provide is specific stories that can humanize the poor
state of human rights within the country.
Iraq suffers from weak rule of law. Suspects are supposed to
have a number of rights until they are found guilty, but that rarely happens.
Two of the most common examples of how the government ignores these protections
are the use of torture, and the public airing of confessions before detainees
go to trial in terrorism cases. What happened to Vice President Tariq
al-Hashemi is a high-profile example. In December 2011, several of the vice
president’s bodyguards were arrested, and then shown on state-run TV confessing to carrying out assassinations for Hashemi. That resulted in several death
sentences for him the next year. Hashemi and others later claimed that his
guards were tortured, and forced to confess. One member of his security detail,
Amir Sarbut Zaidan al-Batawi died in custody three months after his arrest. When his family received his body in March 2012, they said that it showed signs
of abuse and torture. The government denied those charges, and said that he
passed away because of kidney failure. More routine cases were like those of
Nabhan Adel Hamid, Muad Mohammed Abed, Amer Ahmed Kassar, and Shakir Mohammed
Anad who were arrested in Ramadi and Fallujah in March and April 2012. They
were held incommunicado for several weeks, and allegedly tortured. Afterward
their confessions were aired on local television. When they went to trial they
told the court that those confessions were forced out of them due to abuse. The
testimony of other detainees supported their claims, and a medical examination
of one defendant found burn marks and other wounds consistent with torture.
Despite that all four were sentenced to death in December. Under the
constitution torture is outlawed. However, since the Iraqi criminal justice
system is based upon confessions the most common way to obtain one is to beat
it out of people. This is especially true for terrorism cases where the stakes
are much higher. The use of televised confessions also undermines the justice
system, since there’s no way a defendant can receive a fair trial if they have
said they are guilty in public beforehand. Again, since terrorism is such a
pressing concern, the government feels it necessary to continuously air these
suspects before the public to make it look like its security measures are
working.
Sometimes these harsh techniques lead to deaths either
unintentionally or not. Samir Naji Awda al-Bilawi, a pharmacist, and his
13-year old son Mundhir were picked up at a checkpoint in Ramadi. Three days
later the family found out that the father had died in custody. Images released
to the media showed that he had injuries to his head and hands. The son later
said that they had been beaten in a police station, and tortured including the
use of electric shock. In September 2012, Yasin Chafadschi from Qayara, Ninewa
was arrested, tortured, and died as a result. The press received pictures of
the man with bruises, his eyes swollen shut, dried blood on his face, and his
fingernails missing. The police denied they had done anything to him, and
claimed that insurgents had kidnapped and killed him. Ninewa Governor Atheel
Nujafi ordered an investigation into the matter, but nothing came of it. Again,
these cases are common place in Iraq. Since so many prisoners are tortured it
is inevitable that some of them die in custody. Even if there are inquiries
like the one involving Chafadschi nothing ever comes of them. Again, because
there is no political will to change the system, these abuses continue, and the
security forces operate with impunity with no fear that their violations of
people’s rights will ever be punished.
The number of people being picked up by the government, and
facing these conditions is increasing, because of the tactics currently used by
the security forces. The Iraqi army and police no longer carry out
counterinsurgency operations like they did with the Americans. Instead, they
are acting like the U.S. military did from 2003-2006 with similar results. The
most common tactic is mass arrests during security sweeps. Human Rights Watch
for example, reported that Federal Police raided eleven homes in Taji,
Salahaddin on November 3, 2012, and arrested 41 people, including 29 children.
12 women and girls aged 11 to 60 were held for four days without charges at the
headquarters of the police unit. They were all beat and tortured including
electrocuting them, and suffocating them with plastic bags. Again, the main way
information was extracted from prisoners was by force. This case was especially
disturbing, because it did not involve terrorism suspects, but suspected family
members, including children who were treated like their adult family members.
Even if any intelligence were gained from this action the resulting backlash
amongst the community would mean that the government could not rely upon these
people to support their security operations. Instead, they would look at the
Federal Police as a threatening force. That could lead to at least tacit
support for any insurgents in the area, if not open backing.
These acts take place in Iraq’s many detention facilities,
but there are also a number of secret ones run by the central and regional
governments. In 2010, the media found out about one of these operating in the
Green Zone run by security forces under the control of Prime Minister Nouri
al-Maliki that held more than 400 Sunni prisoners. Over 100 of them showed
signs of torture. In March 2011, the government claimed that it had closed the
place. In May 2012 however, Human Rights Watch reported that it was still in
use as late as March 2012. By the end of that year there were still details
emerging that it was in operation. Secret prisons quickly popped up across Iraq
when the Iraqi security forces were put back together. The U.S. knew about many
of these facilities, but did nothing, because the policy was that this was an
Iraqi affair, and they needed to deal with it. Today, there is no reason to
believe that Baghdad or the Kurdistan Regional Government will stop using these
types of prisons to hide those they do not want the judicial system to know
about.
Iraq also lacks due process. The Iraqi constitution states
that prisoners have to see an investigative judge within 24 hours of their
arrest, and that can only be extended for one day. In practice, most are
usually held for 72 hours with some exceptions. Cases involving the death
penalty, which are mostly about terrorism can lead to indefinite detentions.
Prisoners are also supposed to be told their charges, and have access to their
lawyers before they go to trial. That rarely happens. The norm is that people
are often picked up with not knowing why, and some can be held for days to
months to years without seeing a judge, lawyer or court. In December 2011, the
army arrested three lawyers without warrants for attempting to represent their
clients who were charged with terrorism. That led to a sit in by their peers,
resulting in two being released the day they were picked up. The third however,
was held for three months, and was only released after the Supreme Criminal
Court ordered it. Afterward, all three claimed that they were tortured. In
March 2012, during a routine visit to Kirkuk prison one detainee told
inspectors that he had been held for 4 ½ years under terrorism charges without
ever going to trial. That was obviously an extreme example, but shows just how
little respect the security forces, and the various ministries and offices that
run detention facilities have for the law. The Iraqi system is obviously overwhelmed
by cases since it is dealing with an insurgency, but there appears to be little
effort made to follow the constitution or the rules for how an investigation is
to be conducted.
The final piece of this process is the judiciary, which is
supposed to be independent, but in practice comes under the influence of many.
Certain laws, the history of dictatorship, the security situation, and
dependence upon other parts of the government all contribute to make the courts
weak. Threats, tribal groups, insurgents, and gangs often impede the work of
judges on top of that. On June 20, 2012, a judge from the Ninewa Criminal Court
was shot down while driving through Mosul. On July 22, Al Qaeda in Iraq
announced a campaign specifically against the judiciary. In total, eight judges
were killed, and there were another ten attempts last year. Given this pressure
there are many cases that simply get dropped, because judges are afraid that
they will lose their lives. That’s also a reason why the judiciary often overlooks
abuses that happen to detainees before they appear before them, because they
know that the governing elite wants action taken against suspected insurgents
and criminals. They will therefore ignore torture and forced confessions, and
give out guilty sentences even though that is against the constitution, which
outlaws abuse.
Iraq has a large number of media outlets, but their freedom
to do their work is limited by the security and political situation. There are
laws that protect the integrity of the press, but they often say “in accordance
with existing law.” That means restrictive articles from the Baathist period
still apply. The 1968 Publications Law allows imprisonment for seven years for
insulting the government for instance. The media has said that politicians,
government officials, security services, tribes, and businessmen all pressure
them not to publish certain stories, and that they fear reprisals from the
insurgency. That leads to a large amount of self-censorship. Reporters and
media outlets also face direct targeting and intimidation. The Iraqi
Journalists Rights Defense Association recorded 50 cases of harassment against
75 reporters in 2012. That same year, the Metro Center document 132 cases in
Kurdistan, which included 5 death threats, 50 arrests, 21 beatings, and several
lawsuits. Almost all of those incidents involved the independent and opposition
media in the region. In November 2011, Karzan Karim, a former Asayesh officer
and columnist for the Kurdistan Post was arrested after he wrote several
articles about corruption at the Irbil International Airport. He was officially
accused of revealing secrets about his time with Kurdish security, put on trial
for terrorism, and sentenced to two years in prison in October 2012. His family
claimed that he was beaten and tortured, and later received threats from the
authorities after they publicly criticized his detention, and being held
without trial for 11 months. On March 14, 2012, security forces held a TV crew
from Russia Today for three hours when they tried to report about attacks upon
emos and gays in Baghdad. The team had a permit, but the authorities took their
film anyway. On April 11, Kurdish intelligence officers beat two reporters
covering a meeting at a military facility in Zakho, Dohuk. On May 8, Kurdish
security forces attacked two journalists covering a protest in front of the
Kurdish parliament building, and took their equipment. On June 26, police in
Kirkuk arrested a reporter and held him for five hours after he took photos of
police beating child beggars in the city. On November 4, security forces beat
an al-Sumaria cameraman, and then arrested him for filming a bomb site in
Anbar, before releasing him later in the day. On November 18, the body of Samir
al-Sheikh Ali, the editor of Al-Jamaheer newspaper was found dead in Baghdad.
Ali was a human rights activist who pushed for media freedom. He was found shot
three times in the chest. Kurdistan is also known for filing lawsuits against
reporters and media outlets that criticize officials. In October, a Patriotic
Union of Kurdistan (PUK) politburo member and his bodyguard sued Asos Hardi,
the editor of Awene for an article that accused the two of attacking him in
August 2011. The editor of Zang magazine and reporters for Bazaw magazine in
the KRG received fines for around $858 for publishing articles critical of
members of the government. Again, the new Iraq is supposed to protect freedom
of the media, but in practice that does not always happen. Old laws are
applied, which restrict their operations, and other pieces of legislation are
ignored. The security forces have gone after journalists, and in Kurdistan
there’s always the threat of being sued and having to pay fines if they write
about anyone in the regional government. It’s no wonder that many reporters and
their employers sometimes hold back on articles given this environment.
The KRG is also known for limiting freedom of association
and for going after its critics. On March 27, Hussein Hama Ali Tawfiq, a
businessman was arrested and taken to the Asayesh headquarters in Sulaymania
where he was beaten. He was told to testify against others about corruption,
but refused. He was later charged with bribery, and held until acquitted in
November. There was no investigation into his case. On May 17, the Asayesh
detained three Yazidi men in Sinjar, Ninewa for ten days. Their crime was for
going to a conference sponsored by the central government. They were never
charged, and the Asayesh told them not to go to anymore meetings in Baghdad without
official permission from the Kurdish authorities. Kurdistan likes to portray
itself as the “other Iraq” meaning that there is supposed to be more stability,
security, and freedom than in the rest of the country. The above cases show
that there is a limit to what people can do in not only the KRG, but in the
disputed territories it lays claim to.
Kidnappings have been a chronic problem in Iraq since 2003.
People being abducted is an all too common experience for people, and is
usually done for money. On February 4, 2012, the driver, secretary, and brother
of a member of parliament were all taken in Samarra, Salahaddin. The kidnappers
demanded $1.5 million in ransom. That was never paid, and the brother and
secretary were killed, with their bodies dumped five days later. The driver was
later found beaten and unconscious. A man from Baghdad and a woman from Diyala
were arrested over the matter. On August 23, two Yazidi men were kidnapped in
Sinjar, and held for $600,000. On August 30, men dressed as members of the
security forces abducted a Turkmen boy from Kirkuk. He was released on
September 23 after his family paid for his release. Criminal elements or gangs
do most of these, but sometimes the security forces are implicated. In May 30,
a Yazidi man was taken in Kurdistan, and later found dead the next month. His
family blamed the Asayesh. Organized crime grew tremendously during the 1990s,
as the government would often use them to get around sanctions. After the fall
of Saddam, these groups had free reign to grow, and expand into kidnapping.
Many insurgents and armed groups also used the technique to raise money.
Corrupt officials have probably been involved as well. This is a constant
threat to the average Iraqi.
The main reason why Iraq has such a poor human rights record
is that there is no accountability. During 2012, the Human Rights Ministry sent
500 cases involving torture to the courts. The ministry claimed that led to
some arrest warrants being issued, but by the end of the year, nothing had happened
with any of them. The same thing occurred in 2011. On October 21, security
forces beat and wounded four protesters when a demonstration against the lack
of services turned violent. The next day, the governorate council questioned
the governor about the incident, and set up a committee to look into the
matter, but it led to nothing. The use of beatings, torture, forced
confessions, etc. are widely known throughout the country. The fact that the
ruling parties have no problem with them is the reason why they persist. Most
of Iraq’s leaders either grew up in Iraq under Saddam or were in exile in other
authoritarian states like Syria or Iran. Living under those repressive systems
means they have no issue with replicating them in the new Iraq.
Iraq is supposed to be a developing democracy, but with
widespread abuse within the security forces, and the lack of rule of law that
is becoming a precarious enterprise. Until politicians want to get rid of these
practices they will continue, and Iraq will never have the basic freedoms
necessary for a democratic society. Instead it will be a nation with the
trappings of democracy like elected officials and a number of media outlets,
but will suffer from torture, no due process, and the violation of people’s
basic rights.
SOURCES
Amnesty International, “The State of the World’s Human
Rights, Amnesty International Report 2013,” May 2013
Bureau of Democracy, Human Rights and Labor, “United States
Department of State Country Reports on Human Rights Practices,” United States
Department of State, 2013
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