UM del - 2005-06 - Bilag 43: Seneste rapport fra FN's bistandsmission i Irak, UNAMI, vedr. menneskerettighedssituationen i Irak for perioden 1. november

The persistent conflicts affecting the country and weaknesses in law enforcementcontinue to have a serious and adverse effect on the enjoyment of human rights. Ongoingattacks by armed groups, acts of terrorism, violent crimes, large-scale arbitrary arrestsand evidence of mistreatment in detention centres together presented a pattern of majorhuman-rights violations. The examination of places of detention run by the Ministry ofInterior and apparently operated outside the law confirmed serious shortcomings in thefunctioning of law-enforcement agencies and other groups associated with them.The rule of law continues to be challenged by the existence of militias and other groupswho continue to act with impunity, confirming an urgent need for the State to assertcontrol over its security forces and all armed groups in the country.Significant military operations continued in the run-up to the December elections,resulting in increasing numbers of detainees without access to judicial review andongoing reports of displacement of people in conflict areas.Overall situation of human rights1. The ability of the Government of Iraq to fulfill its duty to protect the populationcontinued to be undermined by the ongoing insurgency and terrorist acts, which occurredon a daily basis. A high number of civilian casualties, arising from both targeted andindiscriminate attacks, underscored severe challenges to the right to life. Amongst thosetargeted are politicians, members of Iraqi civil society, State officials and those workingor associated with the MNF-I. In addition, significant numbers of Iraqi Security Forcesand recruits have been killed or wounded as a result of the conflict.12. An increasing number of kidnappings have been reported in Basra, Baghdad, MosulThe Medico-legal institute in Baghdad reported that 886 bodies (555 with gunshots as the cause of death)were brought to the institute in November 2005 and 787 in December 2005 (479 bodies with gunshots).Such figures correspond to Baghdad Governorate only and they are believed to under-represent the actualnumber of casualties. Furthermore, these figures do not include casualties in other governorates. Recentopen-source figures put the number of killed in Iraq at 30,000 from the start of the war in April 2003.1

and other parts of the country. The perpetrators appear to be, predominantly, members ofarmed militias linked to political factions or criminal gangs as well as criminals dressedin uniform, posing as security forces. At times, the distinction between theaforementioned categories of perpetrator appear blurred. There are no clear statisticsregarding the number of kidnappings taking place in Iraq. While the abduction of foreignnationals has been widely publicized, the plight of Iraqi victims has attracted lessattention despite involving a higher number of hostages. These included, in particular,the kidnapping and killing of Shi’a pilgrims on their way to Shi’a holy shrines and ofSunni clerics, whose bodies are usually found bearing signs of torture. .3. Repeated bombings and other killings by armed groups targeting civilians, religiousleaders and mosques with the clear intent to undermine community relations continued tobe reported. Although an increase in such attacks has been noticed in the last fewmonths, this trend appears to be confined to specific areas. All political and communityleaders should continue to work towards countering such practices and improvingcommunity relations. By way of example, on 23 November 2005, the leader of the SunniBata tribe, Khadim Sarhid al-Hemaiyem, was killed in Baghdad along with his three sonsand his son-in-law. On 24 November 2005, unknown gunmen killed Sheikh Ibrahim AlKouthery, the Imam of the Al Kouthery Mosque. A day later, Sheikh Nader Salman, theSunni Imam of Al Ashra Al Mubashara Mosque, was reportedly arrested by individualswearing police uniforms and found dead near the mosque several hours later. Furtherreports have been collected on the apparent systematic intimidation of the Sunnicommunity in Abul Khaseeb and Zubayr, which are located south-east of Basra city. Inthe Baghdad neighbourhoods of Abu Ghraib, Al Doura, Al Jami’a and Al Beya’ at least22 members of the Shi’a community were reportedly killed in December by unknownindividuals allegedly with the objective of stirring inter-communal tensions. On 30December, fourteen members a family belonging to the Shi’a community inMahmudiyahwere killed while they were traveling on a minibus near the town of Latifiyah.Such actionsled to the relocation of some residents to other neighbourhoods. Community relationsalso remained strained in Kirkuk, where tensions between the Kurdish and Turkomancommunities have been reported. The offices belonging to the Turkoman Front in Mosulwere attacked by unidentified gunmen on 11 November, resulting in the killing of twopassers-by, among them a female minor. Christians across Iraq reportedly cancelled orheld low-key Christmas celebrations for fear of becoming victims of religiousintolerance.4. The Human Rights Office is seeking clarification from the Kurdish RegionalGovernment regarding the case of the writer Kamal Sayid Qadir, a 48-year-old Iraqi Kurdwith Austrian citizenship, who was arrested in October in Erbil. He has reportedly beensentenced to thirty years in prison, allegedly for “slandering” the Kurdish regionalleadership.5. Children remain gravely affected by the situation in current Iraq. According to somesources, women and children account for twenty percent of all civilian deaths. Althoughthe exact number of children who have been killed as well as the extent of the traumathey have suffered as a result of the conflict are difficult to determine, the extent of the

suffering of children is unacceptable. Scores of children have been killed inindiscriminate bombings and by indirect fire. Some surveys suggest that a large numberof children in Iraq have lost one or both parents as well as close family members toviolence.2Of particular concern are reports of attacks involving children acting ascombatants. On 1 November 2005, a boy said to be aged between ten and thirteen yearsallegedly carried out a suicide bombing targeting the police commander in the city ofKirkuk. Later that month, two boys aged twelve and thirteen years reportedly carried outattacks against MNF-I patrols in Fallujah and Hweeja, respectively.Elections6. Tensions in the pre-electoral period resulted in a number of killings and other violentincidents. Mr. Mizher Al Dulaimi, leader of the Iraqi Free Progressive Party, was killedby unknown gunmen in Ramadi on 13 December 2005. The Human Rights Office alsoreceived reports of assassinations and the intimidation of campaign workers in Basra,Baquba, Mosul and Baghdad. A number of allegations related to politically-motivatedviolence were made in Dohuk, Erbil and Sulaymaniyah Governorates on 6-7 December.The attacks targeted the Kurdistan Islamic Union (KIU) offices, and were allegedlyperpetrated by individuals in security uniforms said to belong to the KurdistanDemocratic Party. At least four KIU members were killed and many more wounded,including a number of police officers. The Kurdish Regional Government (KRG) hasestablished a commission of inquiry to investigate these allegations. In a letter to KRGPresident Massoud Barzani, on 22 December 2005, the Special Representative of theSecretary General welcomed the aforementioned inquiry and asked to remain apprised ofprogress in any criminal investigation opened into the case. On 25 December 2005 thebound and bullet-ridden body of an Iraqi student leader was found in Mosul. Mr. QusaySalahaddin, president of the Students’ Union of Mosul University, along with anotherstudent, were abducted from Qusay’s home by unknown gunmen and subsequently foundshot dead. The murder was perpetrated several days after Qusay had led a demonstrationin Mosul against the election results. UNAMI finds encouragement in the efforts made bythe Government of Iraq to create the conditions allowing thousands of detainees,including security internees, to exercise their political rights and vote in the elections of15 December 2005.Detention7. On 14 November 2005, an inspection carried out jointly by the MNF-I/Iraqi SecurityForces (ISF) in the Al-Jaidiriya area in Baghdad brought to light the existence of about170 detainees kept in a detention facility run by the Ministry of Interior. Many of thosefound in the detention centre were said to bear signs of torture and several others werereported to have died as a result of abuse inside the facility. On 15 November 2005, theGovernment announced the opening of an inquiry into the Al Jadiriya case which wasThe Iraq Living Conditions Survey by the UNDP/Ministry of Planning showed that thirteen percent ofIraqis surveyed who were between the ages of fifteen and nineteen had lost their fathers (while inneighbouring Jordan only eight percent of the same age group had lost their fathers). See UNHCR, IraqCountry of Origin, October 2005. Available at:http://cbbk.org/public/coo_report_iraq05.pdf2

expected to report within one week. A judicial committee was also established toinvestigate the legality of the detention procedures followed in the case of those found inAl Jadiriya, and to ascertain whether the detainees had been abused. A third inquiry waslaunched by the Government to look into the overall issue of detention in the country andwas expected to report by the end of December 2005. Following the inspection on 14November 2005, other places of detention have been identified and examined inDecember 2005 by Iraqi Government officials with the support of the MNF-I. At least625 detainees were found, on 8 December 2005, in another detention facility run by theMinistry of Interior in Baghdad. Many detainees were reportedly found in poor health,allegedly as a result of abuse. Several of the detainees bore signs of torture.8. Allegations that detainees were and remain held outside the existing legal frameworkhave been made consistently in various parts of the country. On 18 November 2005, theUN High Commissioner for Human Rights stated publicly that international participationin the aforementioned enquiries would assist the Iraqi authorities address the problem ofunlawful detention in an impartial manner. Furthermore, the High Commissionerexpressed concern at the lengthy internment of individuals for reasons of security withoutadequate judicial oversight. UNAMI has repeatedly raised its concerns with differentparties, including with the highest levels of the Government of Iraq, regarding disturbingallegations of torture and other human-rights violations carried out in detention facilitiesby forces belonging to - or associated with - the Ministry of Interior. The SpecialRepresentative of the Secretary General met with Prime Minister Jaafari and PresidentTalabani on 26 and 27 November 2005, respectively, to reiterate concerns regardingabuse in detention centres and to reiterate the benefits of international involvement in thean inquiries dealing with the problem of unlawful detention.9. The deadlines for the publication of the results of the abovementioned inquiries haveso far been extended. As there is understandable interest in the international communityregarding detention practices in Iraq, UNAMI will continue to monitor developmentsconcerning this matter. Although the Government of Iraq declined to call for aninternational inquiry, UNAMI is encouraged by the commitment expressed by theGovernment to move towards ensuring transparency as well as the rule of law. Theidentification of problems related to unofficial detention centres in all of Iraq must resultin the bringing to justice those found to have committed crimes at all levels of command.These initiatives will demonstrate that Iraq is ready to close the impunity gap and toevolve from a culture of lawlessness and impunity towards one ensuring respect for legalinstitutions and the rule of law.10. Mass detention operations continued to be carried out, particularly in the run up to theelections of 15 December 2005, by the MNF-I as well as the Iraqi Security Forces inDyalla, Baghdad and the western reaches of Iraq. As of early January 2006, over 21,000detainees were in MNF-I and Iraqi custody. According to credible reports received byUNAMI, operations run by the Iraqi Police and Special Forces linked to the Ministry ofInterior continue to disregard standing instructions issued by the Ministry of Interiorconcerning the need to adhere to legal guarantees during detention operations. Scores ofindividuals are regularly detained in the middle of night and without judicial warrant.

There is currently no evidence that the Ministry of the Interior in particular hasundertaken investigations or otherwise taken action in response to these violations ofstanding orders.11. As expressed in the past, UNAMI is concerned that the mass-detention operations ofthe MNF-I and ISF continue to result in an ever increasing number of detainees withoutaccess to judicial review of their detention. The failure to provide for such judicial reviewis a violation of both national and international law. In addition, great numbers ofpersons deprived of their liberty inside inadequate facilities may lead to other types ofviolations, as demonstrated in the recent cases of unofficial places of detention operatedby the Ministry of Interior. On 25 December, a US Military Spokesman stated that MNF-I will not transfer detainees to the custody of the ISF until such time as conditions ofdetention and treatment of detainees has significantly improved.Military operations12. MNF-I operations in Anbar Governorate during the reporting period have raised anumber of human-rights concerns, relating in particular to the death, injury anddisplacement of non-combatants as well as damage to civilian property and facilities. Inaddition, the Human Rights Office is in receipt of numerous allegations that medicalfacilities have been damaged and their operations otherwise disrupted by MNF-I raids,involving in some cases the detention of medical personnel.13. Without prejudice to any determination of violation of International HumanitarianLaw, claims have been made to the effect that Tel Afar Hospital has been occupied byMNF-I and ISF forces for six months, limiting patients’ access to the facility and puttingat risk the lives of staff and drivers observed by insurgent forces entering the hospitalpremises. According to non-governmental organization monitors, the ISF continues tomaintain a presence in and around the hospital which exacerbates the problem of limitedpatient access to the facility. Reports have also been received alleging that access toRamadi Teaching Hospital has been severely restricted for several months by MNF-Iroadblocks placed in the vicinity. The teaching hospital was reportedly searched on 8November 2005 by MNF-I troops claiming that they were looking for insurgents.14. More generally, during the course of MNF-I military operations at Obeidi inNovember 2005, water and electricity supplies were badly disrupted and a large numberof houses were destroyed or otherwise damaged. A number of non-combatants werereportedly killed, although precise figures concerning these losses are not available to theHuman Rights Office. Similar claims were made during and in the wake of MNF-Ioperations that same month in Al-Qaim, Hadithah, Karabila and Heet, where it wasfurther reported by local actors that up to seven thousand families had been displaced. Atthe conclusion of the military operations, some of those displaced returned to their homesalthough living conditions were reported to be inadequate, that is, services remaineddisrupted and security cordons around the towns severely restricted the movement ofresidents.

Rule of law15. The Supreme Iraqi Criminal Tribunal continues to try Saddam Hussein and seven co-accused. Following the killing on 20 October of Mr. Saadoun Sughaiyer Al-Janabi, oneof the defence attorneys, another member of the defence team, Dr. Adel Mohamed Al-Zubaidi, was assassinated on 8 November and a third wounded in the same attack.Initially, other members of the defence counsel suspended their cooperation with theTribunal. Subsequently, a protection package was offered and facilitated - in part - thereturn to court of most lawyers when proceedings resumed on 28 November. At thattime, two of the accused were left without legal representation, and the Trial Chamberproperly adjourned proceedings until replacement counsel agreeable to the accused couldbe found. The trial resumed for one day on 5 December and continued on 21 and 22December in the presence of a number of foreign defence advisors. During thesesessions, evidence was heard and a number of procedural as well as jurisdictionalarguments were made by the defence. The trial has since been adjourned until late-January 2006.Reconstruction Activities:16. The Human Rights Office continues to work to strengthen Iraqi human rightsinstitutions and to build the capacity of Iraqi ministries as well as civil-societyorganizations in order to promote a culture of human rights, including respect for the ruleof law.17. The Human Rights Office delivered specialised training on the monitoring,documentation and reporting of human-rights violations to forty-one staff members of theMonitoring Section of the Ministry of Human Rights as well as two staff members fromthe Human Rights Department of the Ministry of Interior. The training was composed oftwo sessions, each of four days, and took place in Baghdad during the period 23-30November 2005.18. The Human Rights Office continues to support projects included in the human-rightsprogramme developed in close coordination with the UN Office of the HighCommissioner for Human Rights as well as the Iraqi Ministries of Human Rights andJustice. These efforts include support for the establishment of a National Centre for theRehabilitation of Torture Victims in Basra and support for Iraqi rehabilitation centers inother parts of Iraq.Police, Prisons and Security Forces19. The Human Rights Office is in the process of developing a professional-developmental programme for senior uniformed personnel in the Ministries of theInterior (Iraqi Police), Justice (Iraqi Prison Service) and Defence (Iraqi Security Forces)to cover topics such as fundamental legal principles (human rights, use of force andcommand responsibility), modern policing, soldiering and prison administration(community relations, transparency and the protection of fundamental freedoms) and