UM del - 2006-07 - Bilag 16: UNAMI's menneskerettighedsrapport for september-november 2006

1.The Government has firmly stated its commitment to address growing humanrights violations and lay the ground for institutional reform. Nonetheless, violencereached alarming levels in many parts of the country affecting, particularly, the right tolife and personal integrity.2.The Iraqi Government, MNF-I and the international community must increaseefforts to reassert the authority of the State and ensure respect for the rule of law bydismantling the growing influence of armed militias, by maintaining discipline within thesecurity and armed forces and by combating corruption and organized crime. In thiscontext, it is noted that the Government, especially the Ministry of Human Rights, isengaged in the development of a national system based on the respect of human rightsand the rule of law and has expressed readiness to address issues related to transitionaljustice so as to achieve national reconciliation and dialogue.3.The preparation of the International Compact for Iraq, an agreement between theGovernment and the international community to achieve peace, stability and developmentbased on the rule of law and respect for human rights, is an important development in theperiod. The objective of the Compact is to facilitate reconstruction and developmentwhile upholding human rights, the rule of law, and overcoming the challenges of todayand the legacy of the recent and distant past.4.According to information provided by the Ministry of Health to UNAMI HumanRights Office (HRO), 7,054 civilians were violently killed in September and October2006, with almost 5,000 in Baghdad alone, most of them bearing signs of torture andkilled as a result of gunshot wounds. Compared to the number of 6,599 killed in July andAugust as reported by HRO previously, it is evident that violence continued to claim anincreasingly alarming number of victims (see paragraph 18).5.Sectarian attacks seem to be the main source of violence in the country, fuelled byaction of the insurgents and militias, as well as various criminal groups. HRO receivedinformation about a large number of indiscriminate and targeted killings. During the

reporting period, 3, 253 unidentified bodies were found in Baghdad. Entire communitieshave been affected to various degrees and, in some areas, neighbourhoods have been splitup or inhabitants have been forced to flee to other areas or even to neighbouring countriesin search of safety.6.The civilian population of Iraq continues to be victim of terrorist acts, roadsidebombs, drive-by shootings, military operations, police abuse, kidnappings, commoncrimes, cross fire between rival gangs, or between police and insurgents. The securityenvironment, marked by sectarian intolerance and prejudice, further erodes the freedomto worship or manifest one’s religion or to express thoughts. Growing unemployment,poverty, discrimination and diminishing access to basic services undermine socioeconomic rights.7.The inability of law enforcement agencies and the justice system to protect thepopulation of Iraq is reflected in the increasing ability of the militias and criminal gangsto operate with growing impunity. HRO receives continuing reports that the militias haveinfiltrated the police and security forces and act in collusion with them. Furthermore,individual citizens and civil society organizations have frequently expressed their lack ofconfidence in the police and security forces to carry out their duties effectively.8.Facing criticism about action by the police, the Government has reportedly started avetting process which has led to the removal of at least 3,000 members of the Ministry ofInterior on allegations of human rights abuses and corruption. HRO welcomes this stepyet notes that in order to assess fully this process, additional information would beneeded regarding the charges made against those individuals, the procedures leading totheir discharge and further prosecution of their cases or whether due process concerns arebeing met, including the appropriate appeals mechanisms. Much more determined effortsshould be made in order to ensure that the security forces achieve an acceptable level ofprofessionalism through enforcing exclusive state control, through senior managementtraining, including human rights training, and the setting up of accountabilitymechanisms based on the development of standard operating procedures and standingorders, a monitoring system to ensure their application and an internal investigationprocedure leading to concrete sanctions including prosecution in case of misconduct.1The recent establishment of a Centre for Human Rights and Ethics attached to theMinistry of Interior is a development that may address some of those needs.9.Police and military operations continued to be based on massive sweeps whichresult in growing numbers of individuals detained often without adequate justificationand without access to adequate judicial review. According to the Ministry of HumanRights, the total number of detainees for the entire country was 29,256 (13,571 of whomare in MNF I detention facilities) at the end of October, a slight decrease from thenumber of 30,104 detainees reported at the end of September and 35,543 reported at theend of August, resulting from the release of some detainees held without charge.

10. Military operations by MNF I, particularly in Al-Anbar, continued to cause severesuffering to the local population who also find themselves in the midst of cross-fireamong rival insurgent and criminal groups and the security forces. Ongoing restrictionson freedom of movement of persons and goods and severely limited access to basicservices such as healthcare, education, clean water, electricity, and above all, the monthlyfood ratios, are depriving the population of basic rights. HRO reiterates its call to MNF-Iand the Iraqi security forces to avoid any excessive use of force and fully comply withinternational human rights and humanitarian principles.11. Freedom of expression is undermined, with increasing number of journalists andmedia workers apparently targeted specifically because of their work, and assassinatedwith utmost impunity. In the last two months, 18 journalists were reported killed: 6 inSeptember and 12 in October. Two media houses, Al-Shaabiya satellite television and AlIraqiya satellite TV station were attacked in October. The Government should ensurethat this fundamental right, which is a prerequisite for a functioning democracy, does notregress further for lack of security or due to restrictive legal measures.12. Minorities have continued to be targeted. Attacks against Christians haveintensified since September while other groups, such as the Sabean-Mandeans, continueto be targeted by extremists and their continuous presence in the country is endangered.Militias have forcibly evicted some Palestinian refugees from their homes and haveattacked them with mortars and other fire arms.13. The situation of women has continued to deteriorate. Increasing numbers of womenwere recorded to be either victims of religious extremists or “honour killings.” Somenon-Muslim women are forced to wear a headscarf and to be accompanied by spouses ormale relatives.14. Targeting of professionals, intellectuals, political, tribal and religious leaders,Government officials and members of the security forces continued unabated. The effectof violence is also affecting education, as many schools and universities have failed toopen or have had their schedules disrupted and educators, professors and students wereforced to leave the country.2Increasing activity of extremist groups inside universitiesnegatively affect access to education.15. The deteriorating situation in the country, coupled with increasing poverty,generated unparalleled movements of population in search of safety within and outsidethe country. The United Nations High Commission for Refugees estimated that over418,392 people have been displaced due to sectarian violence and 15,240 due to militaryoperations since the bombing of the Al-Askari Shrine in Samara on 22 February 2006.UNHCR estimated that 1.6 million had sought refuge in neighbouring countries since

2003. It has been estimated that some 100,000 people per month have left Iraq during thepast few months.16. In the reporting period, HRO engaged Iraqi governmental and non-governmentalpartners as well as international donors in a series of consultations on the launching of theindependent National Human Rights Commission, promotion of good governance and therule of law. In particular, HRO has continued to work in support of the strengthening ofinstitutions such as the High Judicial Council, Ministry of Human Rights and theMinistry of Justice and for the establishment of a strong and effective national humanrights protection system.17. Monitoring human rights in Iraq remains challenging because the security situationmakes it difficult to gather more comprehensive information on human rights violationsand to independently verify the allegations received. However, individual accountsreceived by UNAMI, as well as information obtained from official sources, reports bylocal human rights organizations, private security firms and the press, all provideindicators pointing to clear patterns.Protection of Human RightsExtra-judicial executions, targeted and indiscriminate killings18. According to information provided by the Ministry of Health, the number ofcivilians violently killed in the country was 3,345 in September (including 195 womenand 54 children) and 3,709 in October (including 156 women and 56 children).3Thenumber of wounded reached 3,481 in September, including 251 women and 125children), and 3,944 in October (including 276 women and 112 children). As a way ofcomparison, the total figure of civilians killed in Iraq was 3,590 in July and 3,009 inAugust 2006. In Baghdad the total number of civilians violently killed in September andOctober was 4,984 (2,262 in September and 2,722 in October: among those the numberof unidentified bodies was 1,471 in September and 1,782 in October).19. In its September 2006 issue, the “Lancet,” an independent and authoritative journal,published a study on mortality rates in Iraq. The study estimated that 654,965 excessIraqi deaths, including 601,027 due to violence, have occurred in Iraq since the invasionof the country in March 2003. The “confidence range” for the number of excess Iraqideaths due to violence has been estimated between 426,369 and 793,663 with the figureof 601,027 as the median number. The study is based on interviews of 1,849 householdscontaining 12,801 persons. The Government of the United States and Iraq as well asothers, including the Iraq Body Count, an organization which has conducted other type ofsurveys, denied the validity of the study’s findings. The Iraqi Minister of Health, in astatement made in Vienna, in early November, indicated that up to 150,000 Iraqi civiliansmight have been violently killed since 2003.3

20. Terrorist activities and murders and extra-judicial executions, carried out by deathsquads linked to militias, often in collusion with or the support of the Iraqi police, as wellas indiscriminate killings of civilians as a result of suicide bombings and mortar or rocketattacks, are the main cause of Iraqi deaths. Hundreds of civilians continued to bekidnapped and their bodies subsequently scattered in different areas of Baghdad,handcuffed, blindfolded and bearing signs of torture and execution-style killing. Manywitnesses reported that perpetrators wore militia attire and even police or army uniforms.The perpetrators were reported to operate in groups, arrive in what appeared as policevehicles and were not deterred by the presence of police forces in the vicinity. Suchkillings have sectarian connotations and have affected all communities in the country,albeit to various degrees.21. For example, between 11 and 17 September, the number of extrajudicial executionsin Baghdad spiked dramatically. The media reported that over 180 bodies appeared inseveral parts of the Capital. On 22 September, 45 unidentified bodies were found indifferent areas of Baghdad: bound, blindfolded and bearing signs of torture. Accordingto an eye witness, 6 members of the Sunni community were hanged publicly in front of apharmacy in Nowab Al-Dhubatt neighbourhood between 25 and 28 September.22. In October, the trend continued. On 14 and 15 October, a total of 46 unidentifiedbodies, with gunshot wounds and bearing signs of torture, were reportedly found inBaghdad and on 16 October alone, 64 more bodies were found in the capital. A surge insectarian violence affected central areas of the country, particularly the town of Balad,where at least 100 people were reported killed by random attacks on civilians by rivaldeath squads.23. Targeted assassination of professionals, such as journalists, teachers, professors,lawyers, doctors and other intellectuals, political, tribal and religious leaders,Government officials and members of the Iraqi security forces, police and militaryrecruits continued to be recorded in an alarming number in the past two months.24. On 18 September, police in Baqouba reported that gunmen assassinated the mayorof the nearby village of Udayem. On 25 September, the Minister of Health, Dr. Ali Al-Shemmari and the Diyala Governor, Raad Reshid survived assassination attempts. AKurdish member of the Council of Representatives and his driver were found dead withshots in the head and chest after being kidnapped on 5 October in Baghdad. Althoughother members of the Parliament have been killed in the past this is the first case in whichShi’a militias have been blamed. On 9 October, Amer Al-Hashimi, brother of Vice-President Tariq Al-Hashimi and an advisor in the Ministry of Defense, was murdered inhis home in Baghdad. On 15 October, unidentified attackers targeted a convoy carryingHala Mohammed Shakr, head of the Ministry of Interior Financial Affairs Department,killing two bodyguards and five civilian bystanders. Also on 15 October, the MediaDirector of the Education Department in Mosul, Raad al-Hayali, was killed byunidentified gunmen. On 16 October, in the town of Khalis, gunmen killed twobodyguards of former Prime Minister Ibrahim al-Jaafari. On 17 October, a senior

member of the Patriotic Union of Kurdistan (PUK), Fattah Rashid Harki, was shot deadby unknown gunmen in Mosul. On 17 October, in Basra, Dr Youssra Hashem wasassassinated on her way to work and four university students were shot down in theUniversity Campus by unidentified gunmen in civilian and what appeared as police cars.On 18 October, a bomb planted on the main highway between the cities of Amarah andBasra killed Ali Qassim al-Tamimi, head of intelligence for the Missan provincial policeforce, along with four bodyguards.25. Terrorist attacks and deliberate targeting of civilians continued to take place inseveral parts of the country. The purpose of the targeted attacks has mainly been toeliminate prominent members of a community, seek reprisal for the death of a family orsect member, often sparking sectarian violence, thus perpetuating the vicious cycle ofrevenge killings. Many of those attacks were random, and targeted mosques, crowdedmarkets, restaurants, bakeries, bus stations and areas where labourers gather to search forwork. Assassinations by drive-by shootings were frequently recorded as well. Some ofthese attacks appear to be directed towards a specific group, for instance in mixed areaswhere the militants use the attacks to intimidate the members of the unwanted group so asto force them to leave. Frequent revenge attacks are recorded against police stations andrecruitment centres either in retaliation for the kidnappings and murders attributed to themilitias or designed to intimidate individuals and institutions from collaborating withMNF I or the Government.26. On 21 September, eight civilians were killed and 28 others were wounded when acar bomb exploded near the house of Sheikh Khalid Al Flaiyh, one of Samarra’s tribeleaders. Reportedly, most of the victims were women and children from the Sheikh’sfamily. On 1 October, in Falluja, a car bomb detonated in a market, killing four civiliansand injuring six. On 4 October, gunmen killed five persons and wounded six when theyopened fire in a café in the district of Zafraniya, south of Baghdad. On the same day, aroadside bomb wounded 20 labourers in Baghdad Tayaran square and a bomb in theneighborhood of Karrada killed 14 and injured 75. On 10 October, a bomb placed outsidea bakery killed at least 10 civilians and wounded four others in Al-Dora while another carbombing on the same day in Sha’ab, a mainly Shiite district of Baghdad, killed 13 andwounded 46. On 15 October, seven bomb attacks in Kirkuk killed 14 persons andwounded 72. One of the attacks was on a young women training centre. Two womenwere reported killed and 25 wounded in the attack. On 16 October, two car bombs killed20 people and wounded 17 in the neighbourhood of Ur in northern Baghdad. On thesame day, gunmen killed five members of the same Arab Shi'a family in their home in thetown of Mahmudiya, a car bomb exploded in a market in the town of Suwayra, 40 kmsouth of Baghdad, killing at least 10 people and wounding other 15, and several incidentstook place in the town of Khalis: unidentified gunmen opened fire at shops, killing fourshop owners and wounding five others. On the same day, a woman and her four sons diedafter unidentified gunmen entered their home in Basaniya, in Diyala, and shot themduring their sleep. The woman’s husband was wounded in the attack.27. The Iraqi Ministry of Finance has recently issued procedural amendment onRegulation Number 3/2005 regarding the financial compensation for the spouses of those

killed or injured in terrorist attacks: covering such incidents as car bombs, roadsidebombs, killing by armed groups. HRO was told that citizens who are not Governmentemployees need to submit documents to governorate councils where the attack occurredin order to receive their compensation. When contacted, the Baghdad GovernorateCouncil informed HRO that the Council is in the process of formulating operationalprocedures and until those are in place, no compensation can be paid.Sectarian violence28. Violence in Iraq has been increasingly acquiring a sectarian nature, with each attackgenerating a surge of revenge attacks in Baghdad and around the country. Sunni andShi’a mosques have been attacked by rival factions, while mixed neighbourhoods, suchas Dora, have been increasingly polarized along the Sunni-Shi’a lines. Many of the deathsquads and rival militias have direct links with or are supported by influential politicalparties belonging to the Government and are not hiding their affiliation. There have alsobeen frequent cases of mass kidnappings in which the victims appear extra-judiciallyexecuted, bearing signs of torture before death. In other cases, the fate or thewhereabouts of the kidnapped remained unknown.29. Much of this violence is carried out by militias and other armed gangs, somepurporting to grant the community protection that cannot be guaranteed by the state lawenforcement agencies. Militias and other armed groups are said to be in control of wholeareas in the east and west of Baghdad and continue to carry out illegal policing, manningof checkpoints and “dispensation of justice” through illegal trials and extra-judicialexecutions. They operate with almost total impunity. Attacks against minorities,Palestinian refugees and women are often allegedly carried out by such groups. Manyvictims are kidnapped by militias at improvised checkpoints and then extra-judiciallyexecuted. These tactics have been employed by both Sunni and Shi’a armed groups ormilitias to various degrees.30. For example, on 1 September, three Indian and eleven Pakistani pilgrims were shotdead by insurgents near Ramadi. The men were part of a group of about 40 pilgrims whowere on their way to Karbala. Two of the victims were elderly, two were in their 20s andothers were middle-aged. UNAMI Special Representative of the Secretary-General,Ashraf Qazi, strongly condemned the deliberate murder of the pilgrims. In a press releaseon 3 September, Mr. Qazi described the killing as “a heinous crime that violates thefundamental precepts of Islam and humanity.”31. Families in Al-Hurriya district, a mixed area dominated by Shi’a militia, havereportedly received messages signed by the militia warning them to evacuate the areawithin 24 hours. On 22 September, armed men reportedly burned two houses with theirresidents inside and fired several shots against two mosques one hour before thebeginning of a ban on vehicle circulation. On 23 September, in Najaf, unidentifiedgunmen killed Fadil Abu-Sayba, a member of the Shiite Supreme Council for the IslamicRevolution in Iraq (SCIRI).

32. One of the most atrocious recent acts of sectarian violence occurred in the town ofBalad. On 13 October, 17 Arab Shi’a construction workers were kidnapped and theirdecapitated bodies were found in an orchard in Al-Dhuluiyah, near Balad. Over thefollowing days estimates indicate that up to 90 Sunni Arab civilians were killed andhundreds fled to avoid further violence after armed men wearing black militia clotheschased the Sunni minority out of town, attacking the villages with mortar fire and settingtheir houses on fire. Two Iraqi police officers have been reportedly detained forcollaborating in the killings with the militias. While local officials in Balad claimed thatlocal residents had carried out the attack, others reported that militia groups were sentfrom Baghdad to participate in the massacre. As a result of this attack most local Sunniresidents fled the town.33. On 17 October, in a Turkoman area of the Toz Khormato-Tikrit highway, unknowngunmen established an illegal checkpoint and arrested 17 Turkoman officials working inTikrit. They were questioned on their ethnicity and those of Sunni identity were released.However, 15 Shia’s were detained and have not been seen since.34. Concerned about growing violence in the country, Iraqi Shi’a and Sunni clericsgathered in Mecca, Saudi Arabia, on 20 October, for a meeting organized by theOrganization of Islamic Conference (OIC). They signed a declaration calling for an endto the killing of Shi’a and Sunni Muslims, protection of Sunni and Shi’a holy places,unity and the release of “all innocent detainees.” Regrettably, however, there has been novisible decline in the number of sectarian attacks following this declaration.35. On the same day the Mecca Declaration was signed, militias took over the town ofAmara for one day after a fight with local police, allegedly dominated by a rival militiagroup. At least nine persons were killed and 60 wounded. On 30 October, Iraqi Ministryof Interior reported 25 people killed and 60 wounded when a bomb blasted through acrowd of labourers in a square in Baghdad's Shi'ite Sadr City.36. On 4 September, in Baghdad, unidentified gunmen wearing army uniformskidnapped Ghanem Khudhair Hussein, a football player from the Iraqi Olympic team.On 1 October, 26 workers from a food factory in Hay al-Amil neighbourhood of Baghdadwere kidnapped and loaded onto a refrigerated truck (please see paragraph 95). On 2October, 14 individuals were kidnapped from computer stores near Baghdad's TechnicalUniversity where they worked. In both instances armed men in military and police styleclothing abducted large numbers of workers from busy neighbourhoods of the city inbroad daylight, acts which led to the withdrawal of an entire Iraqi police brigade undersuspicion of collusion.37. The number of disappeared and missing persons was on the rise. HRO estimatesthat during the reporting period, over 200 unidentified bodies were transferred tocemeteries in Karbala and Najaf. If a victim was killed in a military operation, the familymembers may be reluctant to go to the morgues to claim the body, fearing that themilitias or security forces may be there to take revenge against the rest of the family.

38. Victims’ families, in addition to emotional distress, face loss of income in caseswhere kidnapped family members were employed. In some cases, vulnerable members ofthe family such as elders, women, disabled, students and children were forced to seek lowpaid work to meet financial needs.Judges and Lawyers39. Judges and lawyers, who are fundamental in upholding the rule of law andpromoting and protecting human rights in the country, were also targeted during thereporting period. Not only are the legal professionals targeted but also their families andrelatives, and at least one attack on a correctional facility was recorded. For example, thebody of Abdel Monem Yassin Hussein, a 50-year-old assistant to lawyer Badih ArefIzzat, one of the defence lawyers in the trial of Saddam Hussein was reportedly found on3 September in the Medico-Legal Institute of Baghdad. Mr. Abdel Monem had beenkidnapped on 29 August. On 17 September, a car bomb targeted the juvenile’s andwomen’s prison in Kirkuk, killing at least 8 women and 3 children, some of whom wereprobably family members visiting detainees.40. On 29 September, Kadhim Abdel Hussein, the brother-in-law of the PresidingJudge in the Anfal trial was shot dead along with his nephew. Two other relatives wereseverely wounded. The victims were shot when Mr. Kadhim went to pick up somepossessions he had left in his west Baghdad home, which he had abandoned monthsearlier because of lack of security. On 4 October, Abdel Muttaleb Al-Haidari, a famouslawyer was shot dead by unknown gunmen inside his house in Al-Amiriya area inBaghdad. On 9 October, Mithat Salih, a public notary in Mada’an city, south ofBaghdad, was shot dead on his way to work. On 16 October, Emad Al-Faroon, thebrother of the Chief Prosecutor in the current Anfal trial against Saddam Hussein and sixother co-defendant was killed by gunmen in front of his wife, in the neighbourhood ofAl-Jamaa. The couple had earlier fled the neighbourhood as it had become unsafe forthem and had returned to their house to collect personal possessions.41. The intimidation of judges and lawyers throughout Iraq, documented in this HROreport as well as in previous reports, is not in conformity with international human rightsstandards, especially the Basic Principles on the Role of Lawyers that entails theobligation on the part of the State to protect legal professionals. The Principles state:“16. Governments shall ensure that lawyers ( a ) are able to perform all of theirprofessional functions without intimidation, hindrance, harassment or improperinterference; ( b ) are able to travel and to consult with their clients freely bothwithin their own country and abroad; and ( c ) shall not suffer, or be threatenedwith, prosecution or administrative, economic or other sanctions for any actiontaken in accordance with recognized professional duties, standards and ethics.

17. Where the security of lawyers is threatened as a result of discharging theirfunctions, they shall be adequately safeguarded by the authorities.”42. Further, the 1948 Universal Declaration of Human Rights and the 1966International Covenant on Civil and Political Rights require the States to ensure theavailability of fair, public, independent and impartial legal institutions. More explicitprotections for the independence and impartiality of the courts were adopted at theSeventh United Nations Congress on the Prevention of Crime and the Treatment ofOffenders in the Basic Principles on the Independence of the Judiciary in 1985, statingthat"[t]he independence of the judiciary shall be guaranteed by the State andenshrined in the Constitution or the law of the country. It is the duty of allgovernmental and other institutions to respect and observe the independence ofthe judiciary,"and further that“[t]he judiciary shall decide matters before themimpartially, on the basis of facts and in accordance with the law, without anyrestrictions, improper influences, inducements, pressures, threats orinterferences, direct or indirect, from any quarter or for any reason”.Freedom of expression43. The overall deterioration of the security and human rights situation has tremendousimpact on Iraqi and international journalists. “Reporters Without Borders” declared theIraqi conflict to be the deadliest for media workers since World War II. In the last twomonths, 18 journalists were reported killed: 6 in September and 12 in October. Twomedia houses were attacked in October: Al-Shaabiya satellite television, where elevenemployees were killed by gunmen on 11 October, and Al Iraqiya satellite TV station,where two guards were wounded in an attack on 29 October. Journalists are also frequentvictims of random or targeted kidnappings and detention.444. Unprecedented numbers of journalists have been killed, wounded or threatenedwhile several media outlets have been bombed. According to international NGOsmonitoring freedom of expression, over 150 journalists and media workers have beenassassinated since 2003. On 21 September, UNESCO’s Director-General KoïchiroMatsuura issued a press release condemning ongoing murder of journalists, editors andother media professionals in Iraq “killed for exercising the basic human right of freedomof expression.”45. In the beginning of September, the Government closed the Baghdad bureau of Al-Arabiya satellite TV station for one month for “inciting sectarian violence andunprofessional reporting.” The closing replicates procedures taken against satellite TVchannel “Al-Jazeera” in August 2004. Following an initial one month closing, Al-Jazeerawas finally banned from Iraq in September 2004. During the same period, the Basra

Governor is reported to have warned journalists that those portraying a “false picture” ofthe conflict in Basra would be sued in court.46. Because of their high profile, many media workers have left the country in order toprotect themselves and their families, while others have inevitably become extremelyvigilant about their whereabouts, as well as what they say or write. In addition, manyjournalists are being criminally prosecuted for alleged defamation of state officials. Locallegislation, in effect since 1969, treats defamation as a criminal offence punishable,interalia,by time in prison for up to ten years. A number of cases of detention of journalistswere reported in September and October. On 11 September, in Tikrit, security forcesarrested Kalshan Al-Bayaati, a correspondent to Al-Hayat newspaper, along with heryoung brother Najad Al-Bayaati for allegedly supporting the insurgency. They werereleased on 13 September. Ms. Al-Bayaati was arrested again on 20 September whencollecting her personal computer confiscated during her first detention, also under thesuspicion of having links with armed groups.47. MNF-I reportedly arrested journalist Al-Badrany together with his two sons and acousin on 14 September in Fallujah. According to reports, the arrests took place duringthe funeral of Mr. Al-Badrany’s brother, a student, who was allegedly shot dead byMNF-I two days earlier on his way to college. Another brother of Mr. Al-Badrany wasalso a journalist and allegedly killed by MNF-I in 2005. Sadon Al Jaberi, Al Nahrainsatellite channel correspondent, and Amer Al Akahiashi, from Al Mada newspaper, weredetained on 29 October by the Iraqi police in Najaf. On the same day, the MNF-Iarrested two journalists, Rabiaa Abdul Wahab and Ali Burhan, both from Dar Al SalamRadio Station linked to an Islamist party.48. The draft law on Demonstrations and General Meetings is currently before theKurdistan National Assembly which essentially requires political parties and otherorganizations to obtain a written approval from the Minister of Interior before proceedingto hold a rally or demonstration. On 17 October, the President of KRG vowed in ameeting with Kurdish journalists that they will not be subject to legal proceedings if theycriticized him in their writings and encouraged them to report on public officials who donot fulfil their obligations to citizens. A draft Journalism Act submitted by the KurdistanJournalists Syndicate is widely seen as timely and critical in protecting freedom of thepress.Women49. Violence, poverty, unemployment, growing tensions and displacement are reportedto continue to aggravate the situation of women in the country. There are increasingnumbers of widows without a reliable source of income and few work opportunities.Incidents of honour killings, kidnappings associated with rape and sex slavery, andkilling of women and children for sectarian reasons were reported in Kurdistan, Kirkukand Mosul. As already reported, the Special Representative of the Secretary General(SRSG) for Iraq, Ashraf Qazi, expressed his concern to the Iraqi President Jalal Talabaniand the President of the KRG, Massoud Barzani, about the practices related to “honour

crimes” in a letter dated 24 August 2006. A worrying trend of female “suicides” and“attempted suicides” as a result of family conflicts were reported in the KurdistanRegion. These incidents are often in reality crimes committed or incited by the women’sown family members on the grounds of “honour”. On 14 October, in Kirkuk, a marriedwoman reportedly set herself on fire after a family dispute. Three days later, in theMakhmour district of Erbil Governorate, Ahmed Ali was reportedly arrested afterstabbing his daughter during a dispute. On the same day, at the Nawroze quarter in Erbilcity, an 18-year-old woman died after setting herself on fire after a family argument.50. Women and women groups, especially those of secular or Christian orientation,continue to report harassment and death threats for not abiding to the strict dress code,such as long skirts and headscarves. HRO recorded a case on 6 October when twoChristian women in Basra received anonymous letters demanding that they wearheadscarves. In Mosul, female Christian and Muslim students alike have received leafletswarning them to wear ‘proper Muslim attire’ at the local universities. Shops sellinginappropriate clothing reported receiving threats.51. Besides the general deterioration of the human rights situation, violations ofwomen’s rights continued to increase. In Mosul on 18 September, four women who hadbeen abducted two days earlier were found dead in a garbage dump. It appears that thevictims had been raped and killed and had their faces mutilated. Two days later, a femaleschool principal was abducted and then killed by having her throat slit reportedly by 20armed men after failing to pay the so called “protection money.” The targeting ofwomen also occurs as a means to punish other members of the family. On 28 September,the wife of a police officer in Mosul was shot dead reportedly after the attackers failed tofind her husband. In late October, Faliha Ahmed, a women rights activist, was killed byten unidentified men in Haweeja and the motive remains unclear. Prior to her death, MsAhmed, an Arab, had received threats from Islamic militias discouraging her fromassociating with international organizations and “collaborating” with the Coalition. Shehad publicly called for Arabs in Kirkuk to be protected against discrimination and wasagainst the assimilation of Kirkuk into the Kurdistan region.52. An institution known as Muta’a or “enjoyment marriage” has appeared in the Iraqisociety recently and these cases are on the rise. It is basically a marriage with timelimitation that can range from a few hours to a year. The woman can claim no rights afterthe marriage is dissolved even if she has children. Largely driven by the economicsituation, this marriage has become very familiar among university female students. InMissan, two females were reportedly killed in September after their families discoveredtheir engagement in Muta’a marriage.Minorities53. Religious minorities have been increasingly targeted and have experienced severerestrictions in the right to express their religion or affiliation. A new wave of violenceand intimidation against Christians has taken place since Pope Benedict XVI madecontroversial public remarks on Islam on 12 September. Following the Pope’s speech,

extremists groups issued threats to kill all Christians unless the Pope apologized. As aresult of the community’s fears, many churches have reportedly cancelled services andattendance in church has dwindled. Christian churches in Baghdad and elsewhere havereportedly displayed banners dissociating themselves from the Pope’s comments.54. On 24 and 25 September, rockets were reportedly fired against the ChaldeanChurch of the Holy Spirit in Mosul and an explosive device was detonated outside thechurch's door. On 4 and 5 October, unidentified men opened fire on the same church,injuring one of the guards. It was reported that young men wrote the following messageon church doors: “If the Pope does not apologize, we will bomb all churches, kill moreChristians and steal their property and money."55. In Mosul, a high-ranking clergy reportedly claimed that priests in Iraq can no longerwear their clerical robes in public for fear of being attacked by Islamists. On 2 October,in Mosul, a convent of Iraqi Dominican Sisters was fired upon.56. On 9 October, Paulos Eskander, a priest from the Syriac Orthodox Church, waskidnapped. His decapitated body was found two days later in Mosul's Muharaibinneighbourhood bearing signs of torture. The kidnappers had asked for a significantransom and that his Church displays posters denouncing Pope Benedict XVI’s comments.While the banners regarding the Pope’s speech were displayed, the hostage was killedbefore the sum was paid. Two separate incidents occurred on 16 October 2006. In theBaghdeda sub-district of Nineveh governorate, KRG security officers reportedly burstinto the offices of a Christian run media outlet, Ashour satellite channel, beat up the staffand took them away. They were subsequently released hours later. On 16 October, inMosul, unknown gunmen fired at Al-Safena Church causing some damage to the church.57. The United Nations High Commissioner for Refugees (UNHCR) estimates that44% of Iraqis seeking asylum in Syria are Christians. According to UNHCR estimates, inthe first four months of 2006, Christians were the largest group of new asylum seekers inJordan. There is also much migration to Turkey, Sweden and Australia. Internaldisplacement of Christians from Mosul, Baghdad and Basra, towards the more peacefulKurdistan Region is also significant. For instance, according to International Relief andDevelopment, as of 30 September, there were approximately 7,502 Christian IDPfamilies in Dahuk.58. Other minorities continue to suffer. The Sabean-Mandeans, one of the oldestgroups in Iraq, have continued to receive threats that they must convert to Islam or bekilled. The community has been dwindling fast; only a few thousand of them are said toremain and live in isolation and fear. On a number of occasions, HRO met with membersof the Sabean-Mandean community that, like other minority groups, is subjected toreligious persecution and forceful displacement. The Sabean-Mandean communitydecreased from 13,500 persons in 2001 to roughly 4,000 persons in 2006 in Iraq.

59. Many Sabean-Mandeans have been targeted for religious reasons. In October alone,4 Sabean-Mandeans were killed: Abdul Razzaq Jabbar Sayyad was killed in Baghdad on2 October, Raad Mutar Falih, a jeweller, was killed in his house in Al Suwayra on 9October, Ridha Saeed, a barber, was killed in his shop in Abu Ghraib on 10 October; andAyar Sattar Fadhil was killed in Basra on 12 October 2006. Sabean-Mandeans complainabout being discriminated by their Muslim neighbours or peers, and not as a result of anofficial policy of the Iraqi Government. For instance, in schools, Muslim children refuseto sit together with Sabean-Mandean children. There are “fatwas” or religious edictsagainst the Christian communities and overall economic opportunities are often not equal.Palestinian refugees60. The Palestinian refugees in Baghdad have continued to be harassed and targeted bymilitias using light weapons and mortars to force them out of their homes in Baghdad,particularly the Al-Baladiyat and Al-Hurriya neighbourhoods. The Palestinian Embassyin Baghdad reported that Palestinians have received constant verbal threats and abuses.Further, the Embassy has reported incidents of random shooting at their buildings frommoving vehicles, which the Palestinians have described as a daily occurrence. Severalhave been killed of injured in these incidents. As a result, many families living in Al-Hurriya and a majority of the 2,200 Palestinian families residing in Al Baladiyat havereportedly left their homes, which they had rented or bought after having been forciblyevicted from other neighbourhoods in Baghdad. For many Palestinians, leaving Iraq isnot an option, as the only documents they have are either Iraqi Travel Documents orPalestinian passports. Neither document is accepted by neighbouring countries.61. Following threats delivered through leaflets at the end of September, militiasreportedly raided Palestinian neighbourhood of Al-Hurriya on 7 October at 22:00 hoursand ordered the residents to vacate their houses by 10:00 the following day or they wouldbe killed. UNHCR, MNF-I and the US Embassy were alerted and it appears that the IraqiArmy visited the area. During the same militia raid of 7 October, at least one individualand his family were forcibly evicted from their home. The militias confiscated the keysto their home, and up to 20 families have relocated from the area out of fear.62. On 20 October, 6 mortars were fired at the Baladiyat complex, used as a sewingtraining centre and currently occupied by about 20 Palestinian families evicted from theirhomes in 2003. The complex is situated close to a mosque and a residential area. ThreePalestinian men were killed and 21 sustained light or critical injuries. According towitnesses along the main road to Baladiyat, the attackers were dressed in black outfits.The witnesses, who were shop owners, were asked to get inside their shops during theattack.Military operations63. Military operations by MNF-I and Iraqi Security Forces continue to affect the rightsof the local population. In Ramadi, military clashes between MNF-I and Iraqi Securityforces on one side, and insurgents on the other, continued to be reported in late

September and throughout October, especially in the districts of Aziziya, Soufiya and Al-Mala’ab, and the surrounding streets such as Al-Eshreen and 17 Tammouz. MNF-Ireportedly occupied three public schools in Al-Eskan district, close to Aziziya, while theIraqi forces occupied the garden of the local hospital and used it as a recruitment centre.Adjacent residents, fearing being caught in cross-fire, had to evacuate their homes.64. MNF-I snipers were reportedly placed over civilian houses and high buildings andon the roof of the Ramadi Faculty of Medicine and General Hospital. This development,as well explosion of a motorcycle in front of the hospital on 20 September, has lead to thereluctance of most medical staff and local population to access these facilities. Patientsare now seeking treatment in Tikrit General Hospital, in Salaheddin Governorate, some100 kilometres away. The Ramadi Education Directorate building was also reportedlyoccupied by MNF-I. Schools opened later in the city and Al-Anbar University hasrefused to start classes for as long as MNF-I remained inside the university campus.65. In Fallujah, following a series of renewed bombings on 17 September, the MNF-Iimplemented a complete siege of the city. Those who were outside the city at the timehave not been allowed to return to their homes. All the roads driving to the city wereblocked for days and access became extremely difficult.66. On 25 October, MNF-I and Iraqi security forces carried out several targeted cordonand search operations in various parts of Baghdad, including inside the Al-Sadr City, andlaunched air raids on certain areas when MNF-I soldiers were attacked. In one suchoperation, four civilians were reportedly killed and 18 others wounded.Displacement67. The numbers of displaced persons continued to grow steadily, primarily as a resultof sectarian and criminal violence. Some 418,392 people have been displaced due tosectarian violence and 15,240 due to military operations since the attack on the SamarraAl-Askari Shrine on 22 February 2006. UNHCR estimates that an additional 1.6 millionpeople have become refugees outside the country since 2003, of which between 500,000and 700,000 people are currently in Jordan; approximately 6 00,000 in Syria, and about100,000 in Saudi Arabia and Kuwait. A total 436,000 of Iraqis have moved to Europe,Americas, Africa and Asia. Of these, UNHCR has characterized 240,300 as migrants,180,700 as recognized refugees, mainly from before 2003, and 15,000 as asylum-seekers.According to UNHCR, nearly 100,000 Iraqis are fleeing each month to Syria and Jordan.UNHCR is in the process of compiling statistics about the recent increase in asylumapplications by Iraqis, but it appears that there has been a 50% increase in the number ofIraqi asylum seekers in industrialized states between January and June 2006, and a 94%increase in Iraqi asylum seekers in industrialized states between June 2004 to June 2006.68. Turkish police say they seized up to 8,000 Iraqis in the first six months of this yeartrying to illegally cross to Greece, and a four-fold rise in the number of Iraqis arrivingillegally to Sweden in the past six months, compared with the same period last year, hasbeen reported.

69. The tracing of the movement of displaced and their needs, conducted by theMinistry of Displacement and Migration (MoDM) and the International Organization forMigration (IOM), shows that all governorates are equally affected, each accommodatingseveral thousand internally displaced families. The movement of Arab families to KirkukGovernorate was reportedly discouraged by the Governor.70. Most IDPs continue to seek shelter with their relatives and extended family, as wellas in empty public buildings. At the beginning of the school year in September, IDPswere asked to leave the schools they had occupied in parts of Baghdad, Basra andMissan, and the authorities offered displacement camps as an alternative. One of the UNconcerns has been to ensure that the camps are located in a secure area away frommilitary and other targets and in proximity to services as well as education and healthfacilities. In at least some locations, IDPs are reported to be using tent camps as atransitory shelter. The fast approaching winter adds another major concern for the wellbeing of the most vulnerable IDP -the children and the elderly.71. IDPs who sought shelter with their families and relatives reported facing a numberof problems, such as the rising tension between families over scarce resources. Also,some IDPs have reported not to be able to enrol their children in schools due to the lackof available spaces. Others reported having their houses in the places of origin illegallyoccupied, further complicating the prospects of their return. Most IDPs thereforeprioritize their needs to be those of a more permanent shelter, food assistance, personalsafety and access to school, health and other social services and economic resources.72. With the intensification of sectarian violence, there has been an increase in thenumber of reports on sectarian militias forcibly evicting people from houses and shops inorder to rent them to incoming IDPs from other areas. In other cases, sectarian militiasare forcing people who abandoned their houses in the area to rent them out to IDPs at avery low cost.Education: schools and universities73. The school year for primary and secondary education in Iraq officially started on 20September, but many schools failed to open on that day. Schools in remote areas ofBaghdad have not opened so far, especially girls' schools. Schools have becomeincreasingly a target for sectarian and other criminal attacks and parents are worriedabout the safety of their children, girls in particular. According to the Ministry ofEducation statistics, over 300 teachers and employees in the Ministry of Education(MoE) were killed and additional 1,158 wounded in 2006 alone, with several schoolsclosed as a result of threats and violence.74. The situation is particularly difficult in Ramadi. Although no official statementregarding the school situation has been issued, according to MoE Spokesperson and localmedia, almost all Ramadi schools have not opened yet due to threats from Al-Qaidadisseminated in the form of public warnings to the local population at the beginning ofthe school year. In Heet, schools for girls received threats and remain closed.

75. In Diyala, the situation is extremely grave in relation to education. A statementissued at the end of October by the Governorate Council of Diyala, indicated that 90% ofschools in the province are entirely closed due to the deteriorating security conditions,threats and terrorist acts. This was also confirmed by the MoE Spokesperson. Fearful ofkilling or kidnapping, the Director General of Directorate of Education in Diyala hasabandoned the Education Department building and is now running his day-to-day officework from a room provided by the Governorate Council.76. HRO has recorded a trend of mass departure of Iraqi professionals from areas ofconflict to more peaceful parts of Iraq, such as Iraqi Kurdistan region or abroad. TheMinistry of Higher Education (MoHE) has registered 154 assassinated professors from2003 to August 2006. In the last 3 months, 15 more academics and university staff wereassassinated. Dr. Isam Al-Rawi, Professor in the Geology Department of the Universityof Baghdad and the Head of the League of the University Professors was assassinated on30 October.77. The highest rate of assassinations, i.e., 44% of all assassinations of Iraqi academics,was recorded in Baghdad; Anbar, Mosul and Basra each accounted for 10% of the totalnumber of assassinated academics, while in Diyala this figure was 5%. To circumventsome of the obstacles faced by professors and students, MoHE introduced more flexiblemeasures for the attendance at the examinations held in September this year, allowingboth academics and students to meet at convenient hours and in convenient locations.Rule of LawDetention78. According to the Ministry of Human Rights, the total number of detainees for theentire country, at the end of October, is 29,256, which constitutes a slight reduction from30,104 reported at the end of September. The numbers of detainees reported in the lastbimonthly were 28,378 in July and 35,543 in August.DetentionjurisdictionMNF – IMOJMOIMODMOLSATotals except KRGTotals in KurdistanTotals all over Iraq

79. Arbitrary detention, grievous conditions of detention, allegations of torture andmistreatment continue to remain an issue of serious concern in Iraq. The absence ofjudicial guarantees is a pattern and individuals are often arrested without warrant, notinformed of the charges against them, and not brought promptly before an investigativejudge. Most of the arrests emerge from various factors: the “state of emergency,”extended by the Council of Representatives for an additional 30 days on 2 October, aswell as the Anti-Terrorism Law promulgated in 2005 and continuous security sweepsresulting from the various security plans in Baghdad. All those factors continue to swellthe number of detainees and overwhelm the judicial system. HRO is also of the view thatprotracted internment of detainees for "imperative reasons of security", without judicialoversight, isde factoarbitrary detention.80. The synchronization of Iraq’s key justice sector institutions (computerized sharingof data and improved collaboration of police, prisons and courts) is crucial to enhance theeffectiveness of the administration of justice, as well as remedy arbitrary detention.HRO hopes that the increase in the number of judges will facilitate processing a growingnumber of judicial cases and avoid impunity for major human rights violations.81. The process of hand over of MNF-I prisons to Iraqi control continues with thetransfer of authority for Abu Ghraib prison to the Iraqi Ministry of Justice (MoJ) and theIraqi Army on 2 September. The Suse prison was handed over to the Ministry of Justiceon 16 September in an attempt to create enough space for the transfer of detainees fromthe custody of the Ministry of Interior (MoI). UNAMI is concerned that there has beenno reduction in the number of security internees detained by MNF-I, despite reports oftheir continuous release by the Combined Release and Review Board (CRRB) and thereview by the Joint Detention Committee (JDC) of the cases of individuals held for over18 months.82. The situation of juveniles in detention is particularly worrisome. According to Iraqilaw, juveniles should have come under the jurisdiction of the Ministry of Labour andSocial Affairs (MoLSA) since March 2005. However, due to a lack of facilities atMOLSA, juveniles held outside Baghdad still remain in the custody of the Ministry ofJustice. According to figures provided by MoLSA, as at 12 October 2006, there were406 juveniles, including 22 female, being detained in 3 facilities in Baghdad. Due to thefact that there is only one investigative judge in Baghdad dealing with juvenile cases,judicial oversight is almost absent. An increase in juvenile arrests has been noted byMoLSA officials as a result of phase II of the Baghdad Security Plan.83. A recent joint MNF-I and Iraqi experts’ inspection of Al-Kharkh juvenile prison,carried out at MoLSA’s request, revealed that there were 284 inmates, aged from 7 to 22years, in deplorable hygiene and medical conditions with signs of physical and sexualabuse allegedly committed by the prison guards and/or by their fellow inmates. Somewere being detained without convictions or even charges. Inhumane conditions ofdetention were noticed during the inspection: overcrowding (4 cells holdingapproximately 70 juveniles each); lack of food, potable water and ventilation andinadequate medical care (3 cases of tuberculosis). Moreover, the convicted were not

separated from pre-trial detainees. Of all inmates, 41 inmates were handed over to theMoLSA by the Ministry of Interior bearing signs of mistreatment/torture and sexualabuse.84. Poor detention conditions have been revealed in the past, during joint MNF-I andIraqi inspections in places of detention under the control of the Ministry of Interior,Defence and Special Forces throughout the country. HRO encourages frequent andregular conduct of such inspections now that a formal authorization to conduct thoseinspections has been issued by the Prime Minister.85. Plans for a forthcoming amnesty, as part of the National Reconciliation Planannounced by Prime Minister Nouri Al-Maliki on 25 June are being articulated.According to information communicated to HRO, draft legislation has not yet beencirculated. It is understood however that a future amnesty in Iraq will benefit primarilyindividuals currently in detention (mostly neither charged nor convicted) as well asindividual members of the insurgency, militias and other armed groups, who renounceviolence and, consistent with international standards, have not been responsible for warcrimes, crimes against humanity and genocide. HRO recommends that the category ofoffences to be covered by the proposed amnesty be clearly defined so as to establish legalcertainty and to eliminate ambiguities in implementation and to have national final listsof those to be excluded from the amnesty so as to avoid individual institutions drawingup their own lists. As a general principle, an amnesty shall be without effect with respectto the victims’ right to reparation and shall not prejudice the right to know.86. In Kirkuk, HRO continued to receive reports alleging that Kurdish militias detainindividuals and transfer them to the Kurdistan Region without notifying governorateauthorities or the police. There have been allegations that officials in Kirkuk are aware ofsuch practices, yet no effort has been made to halt them. According to official reports, on30 October, at the request of the Human Rights Committee, the Legal, Health, SocialAffairs, Human Rights and Women Parliamentary Committees of the Kurdistan NationalAssembly met with several KRG ministers. These Committees have visited prisons inDahuk, Suleimaniya and Erbil and have concluded that a large number of prisoners havebeen arrested without judicial intervention; most were arrested under violentcircumstances; they have been held without trial for long periods and there have beencomplaints by family members that prisoners were held in unknown locations. TheCommittees presented their findings and recommended prison and corrective centrereforms.Death Penalty87. The judiciary has increasingly applied capital punishment which is viewed by theGovernment and many Iraqi dominant parties as a means of deterring growing crime andviolence in the country. The Government’s media office informed the public that on 5September, 27 individuals – including one woman – were executed for murder andkidnapping. Two of the 27 had been sentenced for terrorism-related charges. Theexecutions by hanging were carried out in Baghdad. Thirty eight (38) death sentences

have been pronounced by the Central Criminal Court of Iraq between May andSeptember 2006. Since the reinstatement of the death penalty in 2004, more than 150individuals have been sentenced to capital punishment and 51 of those have beenexecuted.88. On 2 September, the Kurdistan National Assembly voted to repeal restrictions onthe application of the death penalty remaining from the time of the Coalition ProvisionalAuthority. According to this decision, the final authority for confirmation of deathsentences approved by the Kurdish Supreme Court rests with the Kurdish Executive. On16 September, the Special Representative of the Secretary-General (SRSG), Ashraf Qazi,wrote to President Jalal Talabani expressing deep regret regarding the executions carriedout on 5 September, and reiterating that the United Nations Secretary General rejectscapital punishment for all cases and has expressed the hope that the Government of Iraqwould abolish the death penalty and prevent further executions by calling for amoratorium on this form of punishment.89. Following the lifting of restrictions in the application of the death penalty, theKurdistan Regional Government announced on 21 September, that 11 members of acriminal gang were executed in Al-Mahatta prison in Erbil. The execution, by hanging,took place reportedly in front of representatives from the KRG Ministries of Justice,Religious Affairs, and Health.90. UNAMI issued a press release on 23 September, released also in Kurdish on thefollowing day, in which the SRSG expressed concern about capital punishment and urgedthe Government of Iraq “to commute all future sentences of capital punishment and tobase its legitimate quest for security on the protection and promotion of the right to life.”Police91. The Iraqi security forces face formidable challenges to its professional integrity andreputation as a result of its inability to defend the Iraqi population from terrorist, sectarianor revenge attacks. Its officers and forces are frequently accused of engaging inkidnapping, torture, murder, bribery, excessive use of force, extortion and theft, whichhave in turn, undermined public confidence in the police. There are increasing reports ofmilitias and death squads operating from within the police ranks or in collusion withthem. There are also numerous credible reports of police officials requiring payment fromwould-be recruits to join the police, with the intention of payroll fraud. Consequently,absenteeism is widespread and there are reports that in Kirkuk alone, half of the 5,000police force and 13,000 Army soldiers, are not reporting to duty at any given time, andmany fail to return to duty.92. HRO continues to receive reports alleging that the police forces and, to a lesserextent, the Army are infiltrated by sectarian militias. Factional divisions among militiagroups have led to violent clashes over control of areas or even cities. Faced with acredibility issue, the Ministry of Interior (MoI) has recently announced that it has takenaction against individuals suspected of collusion with militias and has instituted reforms

to discourage corruption. Some measures were also reportedly taken to increase theethnic and sectarian diversity of the Public Order Division (e.g. the recruitment ofChristians and Turkomans in the Ninawa Province, resulting in 8,000 potential newrecruits). At a press conference on 17 October, MoI Spokesperson stated that 3,000police members were laid off since last May for human rights violation and corruptioncharges. Of these, 1,228 were dismissed for “breaking the law”, while nearly 2,000 morewere dismissed for “dereliction of duty”. There is no indication whether these formerofficers will be further prosecuted for their alleged misconducts.93. In response to mounting outcry relating to the operation of deaths squads with thesupport of or in collusion with security forces, the Iraqi authorities announced on 4October that the 8thPolice Brigade, composed of about 700 policemen, was relieved of itsduties. Reportedly, the brigade commander was relieved of his duties while a battalioncommander was arrested. The brigade was accused of collusion in the 1 Octoberkidnapping and subsequent killing of 26 workers “by men wearing police uniforms” inthe area of Hay al-Amil, Baghdad, which the brigade was supposed to be protecting.Again, there is no indication as to whether the officers and forces allegedly involved inthis mass kidnapping and killing will be further prosecuted. On 17 October, 2 generals,Rasheed Fleyah and Mahdi Sabeh, the country's two most senior police commanders,were removed from their posts in the first broad move against the top leadership of Iraq'sspecial police forces. In a restructuring that has been applied to the leadership of theNational Police, all brigades were brought directly under the commander of the NationalPolice. It is yet to be seen whether the above measures will have a tangible impact onimproving the state of conduct and discipline in the police force.MNF-I investigation of allegations of human rights violations by its servicemen94. UNAMI follows with interest all investigations of violations of humanitarian andhuman rights law by MNF-I soldiers and takes note of the dialogue initiated by MNF-Iwith the Government of Iraq, especially the Ministry of Human Rights on this issue.95. Four US soldiers face prosecution for their alleged involvement in the rape of ayoung girl and murder of her family in Mahmoudiya on 12 March 2006. A pre-trialinvestigation (Article 32 hearing of the Uniform Code of Military Justice) was held inAugust at Victory Base, Baghdad. The General Court-Martial Convening Authority,stCommanding General, 101 ADB DIV, referred the charges against the four accused togeneral courts-martial. Charges against two of the accused were referred to as capital(meaning the maximum possible punishment is death), and charges against the other twoaccused were referred to as non-capital (meaning the maximum possible punishment islife imprisonment without the possibility of parole). Courts-martial will occur at FortCampbell, Kentucky, USA.96. The US-led investigation is on-going into the alleged killing of 24 Iraqi civilians byU.S. Marines in Haditha in November 2005. To date, no Marines have been charged.The unit has redeployed to Camp Pendleton, California, USA.

97. Six US Marines and one Navy corpsman were charged in connection with thealleged murder of an unarmed Iraqi man and cover-up of the crime in Hamdaniya. TheNavy corpsman pleaded guilty and was convicted of kidnapping, conspiracy to kidnap,and false official statement on 6 October. Pursuant to a pre-trial agreement, his sentenceis limited to 12 months confinement and possible reduction in grade. Two Marines alsopleaded guilty on charges of assault and conspiracy to obstruct justice at courts-martialheld in late October and early November. Their sentencing proceedings are scheduled forlater this month. Other trials are scheduled for early 2007. Courts-martial will occur atCamp Pendleton, California, USA.Iraqi High Tribunal98. The second trial of former Iraqi president Saddam Hussein and six co-defendants oncharges of genocide and crimes against humanity related to the so-called "Anfal"operation resumed in Baghdad on 11 September with the testimony of a former Kurdishguerrilla. The trial continued for another five days in September and again on 18 Octoberwith testimony from two other Kurdish witnesses. Prosecutors alleged that some 180,000people died during the “Anfal” offensive.99. On 13 September, Chief Prosecutor Munqidh Al Faraun requested that PresidingJudge Abdullah al-Amiri remove himself from the case following accusations that he wasbiased in favour of the defendants. The Judge removed when he told Saddam Hussein inthe court on 14 September that he was not “a dictator.” Concerns over politicalinterference in the judiciary were expressed, especially by international human rightsorganisations, after the replacement of the Presiding Judge.100. On 20 September, the new Presiding Judge, after protests from Saddam Hussein,promptly removed him from the courtroom, following which the entire defence teamwalked out. The same day, in a statement before the UN Human Rights Council inGeneva, Mr. Leandro Despouy, the United Nations Special Rapporteur on theIndependence of Judges and Lawyers, reiterated his reservations about the legitimacy ofthe IHT and expressed concern at the conditions under which Saddam Hussein and otherco-defendants were being processed.101. On 14 October, two of Saddam Hussein’s defence lawyers, Ramsey Clark and ChrisDoebbler, met the Special Representative of the Secretary-General (SRSG) to discuss theworking methods of the IHT. The verdict, announced on 5 November, had SaddamHussein and two other co-defendants, his half brother Barzan Ibrahim and Awad Hamedal-Bandar, the head of Iraq's former Revolutionary Court, sentenced to death by hangingfor crimes against humanity in the 1982 Dujail case. Former Iraqi Vice President TahaYassin Ramadan, was convicted of premeditated murder and sentenced to life in prison.Three other co-defendants were convicted of murder and torture and sentenced to up to15 years in prison. One defendant was acquitted for lack of evidence.

102. On the same day, High Commissioner for Human Rights, Louise Arbor, issued astatement urging the Iraqi Government to ensure the fair appeals process and requested amoratorium on executions.Promotion of Human RightsAction taken by the Iraqi Government and the Council of Representatives103. HRO welcomes the establishment of the Office for Human Rights within theDeputy Prime Minister’s office and the appointment of a human rights adviser to thePresident of the Council of Representative (CoR). Both are expected to contribute to thepromotion and protection of human rights within Government and State institutions andto assist in overseeing the Government’s action on and the Council’s oversight overcritical human rights concerns, including conditions of detention.104. HRO also welcomes a number of legislations concerned with human rights and therule of law recently adopted or in the processes of adoption by the CoR. Among the mostimportant legislations is the new correctional facilities law, drafted by the Ministry ofJustice, and passed by the Council of Representatives in July 2006, containing provisionsthat are in line with the Iraqi Constitution and relevant international human rights norms;the new proposed law on the re-organization of the structure of MoI; and thereorganization legislation of the Ministry of Labor and Social Affairs, passed into law inJuly 2006. Other positive steps were taken by MoI such as the development, incollaboration with MoJ, of regulations for the internal security forces currently underconsideration at the Council of Ministers. MoI has also established a Center for HumanRights and Ethics, led by Brigadier General Ausama Badri Mohannad Salih inSeptember. The Centre’s responsibilities focus on the training of the police, especiallyon human rights, and on additional oversight and monitoring of the work of policemen.105. HRO welcomes the initiative of the Ministry of Civil Society Affairs to draft thelaw on nongovernmental organizations, and reiterates the need for the law to take intoconsideration international standards as well as the 2004 Report to the UN GeneralAssembly (A/59/401) by Hina Jilani, UN Special Representatives of the Secretary-General on Human Rights Defenders, which UNAMI has made available to the Ministry.106. In a statement submitted to the Ministry, UNAMI stressed that the establishment ofthe registration regime, even though accepted under international law, is less preferable tonotification/declaratory regime, and that the law should spell out as clearly as possible thecomposition and establish the independence of the body in charge of carrying outregistration and oversight of NGO operations, should the registration system be adopted.Moreover, the law must guarantee the freedom of fund-raising within the limits imposedby criminal and civil law.107. UNAMI also stressed that internal management and operations of NGOs must notbe burdensome and intrusive, and all efforts should be employed to try to avoida-prioricontrol, which represents a clear interference of the executive into freedom of association

including the rights of organizations to freely define their own internal procedures andstructures of management. UNAMI suggested that a provision regarding a regulatoryframework is made clear and in accordance to the paragraphs 71-74 of Hina Jilani’sreport:“With regard to the suspension and closure of NGOs: (a) Suspension. Government authoritiesshould not be granted the power to arbitrarily suspend the activities of human rights groups. Thecourts alone should be entitled to order a suspension, and only in situations of clear and imminentdanger that could result directly from such activities, and that is objectively ascertained; (b)Dissolution. Actions by the Government against NGOs must be proportionate and subject toappeal and judicial review. Administrative irregularities or non-essential changes in the specificsof an organization should never be considered as sufficient grounds for closing down anorganization.”5

UNAMI’s cooperation with the Iraqi governmental and non-governmentalorganizations108. HRO continued its efforts in promoting human rights and the rule of law in Iraqthrough coordination and consultations with representatives of the Iraqi Government aswell as civil society organizations under the framework of its human rights project forIraq 2006-2007.109. Consultations within the framework of the Rule of Law Sector Working Group(RoLSWG) continued in Baghdad with meetings of the various core teams for the HighJudicial Council, and the Ministries of Human Rights and Justice. Core teams wereformed in order to facilitate discussions on short term needs at the working level. HRO,under the leadership of the Chief Justice and with the support of the Ministry of Justiceplans to organize a meeting in early 2007, in order to define an overall Iraqi strategicframework for the rule of law and thus the key elements for a justice reform programme.Efforts within the RoLSWG have also been reflected in the International Compact forIraq which contains a separate section on human rights and the rule of law.110. On 28 September, HRO held its periodic consultation with the NGO ProtectionGroup made up of representatives of some 30 NGOs in Baghdad. The meeting aimed atdiscussing various provisions contained in the draft law and progress made in theestablishment of the National Human Rights Commission. In addition, it also focused onan assessment of the impact of various UNAMI Bimonthly Reports on the human rightssituation in Iraq.111. On 1 October, a follow-up meeting on transitional justice was organized by HRO inBaghdad where all the participants to the July 22-23 consultation reiterated their supportfor the implementation of the key recommendations concerning De-Ba’athification, truth-telling, prosecutions and reparations. Participants also expressed their deep concern atthe deteriorating security situation which they believe would affect the implementation of2004 Report to the UN General Assembly (A/59/401) by Hina Jilani, UN Secretary General SpecialRepresentatives on Human Rights Defenders5

some of the recommendations. Certain activities, such as the creation of truth-tellingcommissions could only be considered when Iraq stabilizes. The expertise and the role ofthe UN were recognized and numerous calls were made for a greater UN involvement inimplementing the various recommendations. A working group of representatives of theGovernment, Council of Representatives and civil society organizations was created toinitiate dialogue with the relevant Government agencies and take concrete steps to putinto effect the working group's proposals. HRO, in cooperation with the InternationalCenter for Transitional Justice, has planned further consultations with victims’ groupsand NGOs in November/December 2006.112. The third meeting of the Thematic Working Group on Human Rights within UNcountry team (UNCT) made up of UN agencies and programs was held, on 16 October inAmman, under the chairmanship of the Deputy Special Representative of the SecretaryGeneral for Development and Reconstruction, and Humanitarian Coordinator (DSRSG),Mr. Jean-Marie Fakhouri. The goal of this meeting was to facilitate information sharingon human rights and rule of law issues, to identify priorities and critical gaps in theseareas as well as ensure a rights-based approach to programmes carried out by the UNCountry Team.113. HRO continued to work for the establishment of a National Human RightsCommission in Iraq, as mandated by the Iraqi Constitution and in accordance withinternational standards.114. On 17 October, HRO organized a two-day workshop in Amman with theparticipation of 30 Iraqis members of CoR as well as representatives of civil societyorganizations. The objectives of the workshop were to increase the level of informationon national human rights institutions in line with international standards (the so-calledParis Principles) among representatives of all political groups within the CoR andenhance the chances of early action by the CoR on the draft law currently pendingapproval by its Human Rights Committee. The meeting included discussions related tomeasurement indicators for the independence of the Commission, implementing the draftlegislation; investigative and complaint powers, roles of the Commission andrelationships with the Parliament and civil society organisations.115. HRO is supporting the establishment and strengthening of human rights librariesand departments within the Ministry of Human Rights, the Ministry of Justice and CoRthrough professional trainings and the distribution of human rights publications fromOHCHR and other resources and materials on human rights. HRO is also supporting Iraqihuman rights NGOs active on issues of human rights education, women, children,minority and disabled rights, by providing them with small grants to help themimplement specialized human rights seminars and workshops in coordination withGovernment, State or local partners. The main objective of this activity is to increasehuman rights awareness and strengthen the capacity and role of civil societyorganizations working for the promotion and protection of human rights.

Actions taken by HRO offices in the Kurdish Region (KRG) and Basra116. In September and October, HRO expanded its office in Erbil, KRG, and temporarilyrelocated staff of the Basra regional office to Baghdad, due to the security situation. Theengagement with local authorities and non-governmental sector therefore expanded inErbil and continued, albeit at a more limited degree, in Basra.117. In KRG, HRO participated in the first monthly meeting of the Ministry of HumanRights Consultative Board, which includes 10 Kurdish NGOs. The Board started todiscuss terms of reference for the group and the rules of procedures. On 5 September,HRO visited the KRG Ministry of Human Rights and met with the Ministry DirectorGeneral, Tavga Rasheed, to discuss the Ministry’s plan to establish a human rightsmonitoring network in the Kurdish Region. HRO was invited to participate in thisactivity. The KRG Minister for Human Rights, Dr. Yousif Aziz, has requested HRO tofacilitate training for Government officials on international human rights standards aswell as on monitoring and documenting human rights violations for past crimes. HROwas also requested to help the Ministry conceptualize and develop a monthly publicationcovering human rights issues in the region.118. In Basra, HRO worked with the Ministry of Human Rights on organizing threeseminars on human rights that would bring together religious leaders, members of thepolitical parties, members of the Provincial Council, regional Ministries representativesand non-governmental organizations to discuss the human rights concerns and elementsof protection necessary for curbing the growing violence in the lower south area. Thefirst seminar, entitled Basra Leadership and Human Rights Awareness Training started on20 October and lasted three days. The three seminars were accompanied by thedistribution of 3,000 human rights posters around the four governorates of the LowerSouth areas.