UM del - 2004-05 (2. samling) - Bilag 56: Rapport om menneskerettighedssituationen fra UNAMI (UN Assistance Mission for Iraq)

Human Rights Report1 July – 31 August 2005SummaryThe reports received during the reporting period reveal continuing concern for the lack ofprotection of civilians in regard to their civil, cultural, economic, political and socialrights. This, together with continuing allegations reflecting deficiencies in theadministration of the justice system, and in particular the handling of the circumstancesand conditions for detention, continues to present a major challenge to the Iraqiauthorities and to UNAMI.The insurgency targeted innocent civilians including children, as well as police officers,politicians, foreign diplomats, human rights defenders and those associated with the MNFor perceived to be so. Corpses appear regularly in and around Baghdad and other areas.Most bear signs of torture and appear to be victims of extrajudicial executions.Mandate of HRO1. Security Council resolution 1546, para 7 (b) (iii), mandates UNAMI “to promote theprotection of human rights, national reconciliation, and judicial and legal reform in orderto strengthen the rule of law in Iraq.” In order to fulfill its mandate, the UNAMI HumanRights Office (HRO) monitors human rights in Iraq to support activities aimed at therehabilitation and reconstruction of Iraqi institutions and to ultimately achieve animprovement of the human rights situation in the country.2. HRO works with the ministries of Justice, Human Rights and Interior and with civilsociety to promote human rights and the rule of law with the spirit of fostering nationalreconciliation. For this purpose, HRO bases its interventions on the Human RightsProgramme developed in 2004 jointly with the Office of the High Commissioner forHuman Rights (OHCHR), other UN agencies, the Ministry of Justice and the Ministry ofHuman Rights.Overall situation of human rights3. The tragic events of 31 August, in which nearly 1,000 persons lost their lives during areligious procession in Baghdad, highlighted in a dramatic way the precarious situation ofcivilians in Iraq. On 17 July, at least 98 civilians were killed and approximately 150wounded when insurgents exploded a fuel truck south of Baghdad. On 13 July, the

insurgency attacked an MNF patrol in the capital’s poor Shi’a district of “New Baghdad”killing 30 civilians, mostly children. UNICEF and UNAMI publicly condemned thekilling.4. There are serious allegations of extra-judicial executions taking place which underlinea deterioration in the situation of law and order. The bodies of 36 men, blindfolded,handcuffed, bearing signs of torture and summarily executed, were found on 25 Augustnear Badhra. Families of the victims reported to the Human Rights Office that the menhad been detained on 24 August in the Al Hurria district of Baghdad following anoperation carried out by forces linked to the Ministry of Interior. A similar incident wasreported to the Human Rights Office involving 11 males who had been allegedly detainedby forces linked to the Ministry of Interior on 10 July in Seba’ Abkar district of Baghdadand who were found dead three days later at the Medico Legal Institute.5. UNAMI received consistent reports of excessive use of force with regard to personsand property as well as mass arrests carried out by Iraqi police and special forces actingalone or in association with the MNF. Reports of ill-treatment of detainees andinadequacies in judicial procedures have continued. Furthermore, first and second handaccounts from Baghdad, Basra, Mosul, Kirkuk and the Kurdish governorates, as well ascorroborating information from other credible sources, consistently point to thesystematic use of torture during interrogations at police stations and within otherpremises belonging to the Ministry of Interior.6. During the reporting period, UNAMI held a number of meetings with the IraqiGovernment and relevant members of the international community in order to bring totheir attention all allegations of human rights violations. The Human Rights Officemaintains close contacts with the Ministry of Human Rights and focal points have beenidentified within the Ministry of Justice, Ministry of Interior and Ministry of Defense tocontinue dialogue. It is expected that all allegations of human rights violations will beinvestigated and the results of such investigations be made public.7. It is worth noting that, on 3 August, the Ministry of Interior instructed all sections ofthe Ministry that home searches are to be carried out in accordance to the law and withprevious authorization of the competent authority, that all property confiscated duringsearches be properly registered and that under no circumstances detainees or theirfamilies should be insulted or tortured. Police stations in the area where searches willtake place should also be notified and the search must be carried out in the presence of alocal religious leader or someone designated by him. Although it is too early to make anassessment, the Human Rights Office continued to receive reports that the instructions ofthe Ministry of Interior have been disregarded in some instances.8. There is also a growing concern about special security operations in central andnorthern areas, particularly in Al Anbar Governorate and Tal Afar, which result indisplacement of population. Also, the use of snipers and allegations of use of illegal non-conventional weapons in those areas are a particular source of anguish for the local

population. It would be beneficial to publicly announce the type of weapons which arebeing or have been used by military forces.9. The United Nations unreservedly condemns terrorism as it constitutes a seriousviolation of human rights. The United Nations is ready to assist the Iraqi authorities inensuring that measures taken to combat terrorism and the insurgency comply with theirobligations under international law, in particular international human rights, refugee, andhumanitarian law.Detention10. Mass detentions of persons without warrants continue to be used in militaryoperations by Iraqi police, special forces of the Ministry of Interior and by MNF-I.Reports of arbitrary arrest and detention continue to be reported to the Human RightsOffice.11. A human rights organization reported to UNAMI that many detentions took placeduring the month of July in Adhamiya neighbourhood and that on many occasions thefamily of the detainees cannot find their relatives in any recognized detention facility.Others have complained that they have found their relatives dead or that they havesuffered torture while in detention.12. The high number of persons detained across the country during security operationscontinues to be a matter of concern. Internees should enjoy all the protections envisagedin all the rights guaranteed by international human rights conventions. Many havereported their inability to obtain information concerning their relatives during initialphases of detention. Without disregard to due process it would be beneficial to establishmechanisms for speedier consideration of detainee cases which could have a beneficialimpact on the overall political process. In this respect, the United Nations welcomes theannounced release of 930 detainees on 27 August.Rule of law13. The United Nations regrets the decision of the Iraqi Transitional Government, dated17 August 2005, authorizing the execution of three men convicted of kidnapping, killingand rape. Later, another case of execution was also authorized. The United Nationsrecalls that the Human Rights Commission in Geneva, has condemned the application ofthe death penalty- most recently in resolution 2005/59 of 20 April 2005 – and has calledall states to abolish capital punishment.14. UNAMI is deeply concerned at continued broadcast of a television programme“Terrorism in the Grip of Justice” despite remarks by the Government of Iraq that suchprogramme may be “unlawful.” In June 2005, UNAMI wrote to the Government of Iraqto express concern at such programmes. The display presumed perpetrators of acts ofviolence against civilians may be viewed as an expression of desire for retribution andpunishment. It is also a serious violation of a number of fundamental human rights towhich all persons are entitled.

15. UNAMI together with the Office of the High Commissioner for Human Rights isassisting the Constitution Drafting Committee of the Transitional National Assembly inidentifying best practices and adequate text for the human rights provisions of the IraqiConstitution.16. HRO organized a round-table on Justice Reform, on 12 July 2005, in Baghdad, co-chaired by the Minister of Justice and the Special Representative of the SecretaryGeneral, Mr. Ashraf Qazi. Some 40 people attended, among those, representatives fromthe donor community, the Ministry of Human Rights and a representative of the UnitedNations Office of Drugs and Crime (UNODC). The goal of this round-table was toexamine the current needs of the Ministry of Justice, the Ministry of Human Rights andto determine how best to meet them. The Human Rights Office is now following up withthe Iraqi authorities and donors on the implementation of the roundtable'srecommendation.17. Women activists started a mobilization campaign following news that draftsconsidered by the Constitution Drafting Committee were detrimental to women’s rights.In an open letter directed also to the United Nations the activists condemned plans toabolish the 25 percent quota for the National Assembly guaranteed by the TAL anddemanded instead a 40 percent quota. On 24 July, Special Representative Ashraf Qazireceived a delegation of women who expressed concern about plans to legislate mattersof personal status according to religious practices and requested UN assistance inensuring the respect of all international conventions ratified by Iraq - particularlyCEDAW. On 2 August the Human Rights Office and the Office of ConstitutionalSupport co-chaired a round table of female parliamentarians to support the reaching ofconsensus among female constitutional committee members.Minorities18. Representatives of the Turkoman community complained to the human rights officethat members of the Turkoman, Arab and Kurdish communities in Kirkuk, Mosul and TelAfar are victims of arbitrary detention under the accusation that they are “terrorists.” Onmany instances, families are not aware of the whereabouts of the detainees for monthsand many reported to have been tortured after being released.19. Foreign long-term Arab residents and members of the Sunni community complainedto the Human Rights Office about profiling and victimization by security forces.Furthermore, a recent decision by the Iraqi authorities requiring that foreigners mustrenew their residency status every two months is reported to cause unnecessary suffering.Representatives of the Palestinian community met with the HRO in Baghdad to complainabout harassment by the authorities.Civil society20. The Human Rights Office together with OHCHR and the UN Office for ProjectServices (UNOPS) is implementing a country-wide programme including conferences,seminars, training, research and publications. Following a series of training courses on

monitoring and training of trainers in the first half 2005, a workshop on Human RightsDefenders took place in Amman from 27 to 29 June, 2005. Approximately 35 humanrights organizations and human rights defenders participated in the meeting chaired byMs. Hina Jilani, Special Representative of the Secretary-General on Human RightsDefenders. The workshop dealt with issues central to the role and work of human rightsdefenders such as legitimacy, transparency and accountability. It further elaborated on theoperational framework for Iraqi NGOs.21. In cooperation with UNOPS, on 28 July the Human Rights Office started theimplementation of a 13-day training project in Erbil on international norms and standardson the range of constitutional issues with specific emphasis on human rights, includingvulnerable groups. Similar training projects will be conducted in Baghdad and Basra.The Human Rights Office conducted a mission to Basra from 9-13 July. The visit servedto increase understanding of the current human rights situation in the region, to reinforceexisting contacts and develop new ones among local authorities, NGOs and internationalactors.