“Authorities in the Kurdistan Region of Iraq (KR-I) must put an end to their ongoing crackdown of protests by way of arbitrary arrests and harassment, and they should immediately release those detained – including those already sentenced following unfair trials – in relation to their participation in protests or related activism or professional practice,” read a statement from Amnesty International on Tuesday.
The human rights monitor said the crackdown and detentions have created an atmosphere of fear amongst journalists and activists.
The Amnesty report referred to the Duhok detainees and dozens of others similarly arrested by Kurdish security forces.
"Some of the protests referred to in the report became violent: security forces were fired on, security force personnel and civilians were injured, and there was widespread damage to property," Dindar Zebari, international advocacy coordinator for the KRG, said in a statement to Rudaw English on Tuesday.
Noting that the government restricted protests as part of measures to limit spread of the coronavirus, he added, "The KRG believes its actions were correct in the circumstances, and were consistent with its human rights obligations under international law."
In February, seven journalists and activists were put on trial for “endangering the national security of the Kurdistan Region.” Five of the defendants – Sherwan Sherwani, Shvan Saeed, Ayaz Karam, Hariwan Issa, and Guhdar Zebari – were found guilty and sentenced to six years in jail. The court’s ruling caused outrage in the Kurdistan Region and abroad.
An Erbil appeals court upheld the ruling on May 6, partly on the basis of the men allegedly being in contact with and receiving money from western diplomatic missions. Lawyers for the detained journalists and activists on May 20 sent a letter to the judicial council, asking for an appeal of the case.
Amnesty International questioned the legality of the arrests by internal security forces (Asayish).
“In all 14 cases which Amnesty International documented for the purpose of this statement, Asayish forces arrested the individuals from their homes or places of work without a warrant or any other official communication clarifying the reason of arrest,” read the report. “All the men were held incommunicado for periods ranging between a few days to five months. The five who remained in detention were still unable, at the time of writing, to meet their lawyers.”
According to the report, family of one detained activist told the watchdog group they searched for their relative for five months before finally hearing from him. He told his family he had been “psychologically tortured.”
The rights watchdog also slammed the trial process of the Duhok detainees.
“Their trial was marred by serious violations of their right to a fair trial, including concerns around sentences based on statements extracted under duress, failure to provide in a timely manner the case documents allowing defense lawyers to adequately prepare their defense, and failure to order investigations into the defendants’ claims of torture,” the report stated.
Amnesty also criticized the legal framework used in the process of sentencing the detainees, claiming that the laws applied contained “vaguely defined and overbroad languages.”
Zebari said the KRG has requested assistance from the United Nations mission in Iraq (UNAMI) and its high commissioner for human rights (OHCHR) to improve the Region's justice system. Also, "the KRG is working with the UK to train local judges," he added.
The case of the detained group of men has drawn local and international criticism. Members of the Kurdistan Region Parliament in April said the journalists and activists in an Erbil jail were subjected to “human rights violations,” denied access to their lawyers and families, and are living in cramped conditions.
Lawmakers visited the prison again this month and reported the men were in good health, but they maintain their innocence.
"We asked them about their health and their situation, along with the treatment they receive. They said their health and situation is good, however they denied the crimes they are accused of,” Shakhawan Rauf, head of the parliament’s interior, security, and local council committee, told Rudaw's Hemin Baban on Monday.
The KRG has denied it is clamping down on the media. “A free media is important for its own sake and is an essential element in a well-functioning democracy. The Kurdistan Regional Government is proud that Kurdistan has a vibrant media, and Kurdistan has long been recognized as a regional exemplar of freedom of expression and freedom of the media,” Zebari said in a press conference on June 8.
Updated at 2:58 pm
