A Voice for the Voiceless

By Lauren Mellinger
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – On December 14, Iraqi journalist Muntazer al-Zaidi, a correspondent for the Cairo based Al-Baghdadiya satellite channel, threw his shoes at US President George W. Bush during a press conference.  President Bush and Iraq Prime Minister Nouri al- Maliki had met to discuss the Status of Forces Agreement signed in recent weeks between the US and Iraq.

It is unclear whether the injuries al-Zaidi sustained occurred immediately after he threw his shoes at President Bush or subsequently during his detention.  Security guards who travel with Prime Minister al-Maliki were seen beating al-Zaidi immediately after the incident occurred, and witnesses reported hearing al-Zaidi screaming in pain.

Immediately after the incident at the press conference, al-Zaidi was detained by Iraqi authorities, on the orders of Iraqi National Security Adviser Mowaffeq al-Rubaie.  Al-Rubaie issued a statement claiming that al-Zaidi will be tried under Iraqi law.  According to his brother Dargham, Al-Zaidi has a broken hand and ribs, and is suffering from internal bleeding and from an eye injury he sustained after being hit with the butt of a rifle.  In addition, Dargham claims that his brother has not had access to legal counsel since his arrest.

The head of the Iraqi journalists’ union Mouyyad al-Lami, asked the Iraqi government for clemency towards al-Zaidi, who currently remains in custody.

Al-Zaidi reportedly threw his shoes at US President Bush to insult him.  Al-Zaidi holds President Bush responsible for the deaths of thousands of Iraqis since the US-led invasion in March 2003.  Demonstrations in both Sunni and Shia areas of Iraq and throughout the Arab world have urged the Iraqi government to release al-Zaidi from custody.  He has been regarded as a hero for standing up to the Bush administration.

According to a spokesman for the US State Department, the US does not know whether al-Zaidi was beaten when he was taken into custody.  However the spokesman maintains that the US government will not condone any unnecessary use of force against al-Zaidi.

Al-Zaidi is facing a possible two year jail sentence for insulting the head of a foreign state as well as the Iraqi Prime Minister, who was standing with President Bush at the time of the incident.  However, prosecutors may charge him for violating a law passed by the Baath Party in 1969, which calls for a seven year prison sentence for anyone who “insults the president or his representative.”

For more information, please see:

The Independent – Iraqi Shoe Thrower ‘Beaten in Custody’ – 17 December 2008

Al Jazeera – Iraqi Reporter al-Zaidi’s Arms, Ribs Broken – 16 December 2008

BBC – Shoe Thrower ‘Beaten in Custody’ – 16 December 2008

Guardian – Iraqi Shoe Thrower Badly Beaten in Custody, Claims Brother  – 16 December 200

Voice of America – Iraqi Shoe-Thrower in Judicial Hands – 16 December 2008

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

NEW YORK, New York – On December 14, Human Rights Watch (HRW) released a report titled “The Quality of Justice:  Failings of Iraq’s Central Criminal Court.”  The report claims that the Central Criminal Court of Iraq (CCCI), the flagship court under the new Iraqi government, fails to meet international standards of due process and fair trials.

According to the report, HRW monitored court proceedings and met with judges, defense attorneys, and the defendants themselves.  The report explains that many of the problems in the justice system are due to structural problems in Iraq, including problems with political factions and inefficiency in the institutions.

The report states that defendants are often held for long periods before being tried.  HRW states that defendants are often held for months, or even years, before their cases are referred to a judge.   It explains that the delays are due, in part, to a dramatic increase in the number of detainees, many resulting from the implementation of the Baghdad Security Plan in 2007.  However, it also states that these delays are partly due to procedural failures in detainee handling prior to their arrival at the CCCI.  HRW says that judges sometimes deal with failures – such as lack of proper investigation – by dismissing cases.

Moreover, the report claims that those detained are often abused while in custody, mostly with the intent of garnering a confession.  HRW stated that it documented numerous cases where defendants showed signs of torture, or other forms abuse.  It stated that it documented at least 10 investigative hearings involving defendants recanting confessions that had been taken while in custody.  HRW has expressed concern about impunity for those responsible.

Finally, the report states that defense attorneys are often assigned to cases in the last few days before trial, failing to give them time to prepare an adequate defense.  It further claims that defense attorneys, though assigned, fail to properly perform their duties as an attorney.  The report describes a case where a court appointed lawyer in a capital case refused to speak during an investigative hearing after the judge denied his request to leave so that he could attend to another case.

The report also made several other allegations of failures in the court system. 

HRW requests that Iraq take action to prevent torture and ill-treatment of detainees, and disallow confessions and other evidence obtained through torture or abuse.   They further recommend that Iraq ensure that all arrests and detentions are in compliance with Iraqi domestic law.  They ask Iraq to release all detainees who cannot be charged or who have not been charged with a cognizable offense. 

HRW also recommends that the US continue to physically hold Iraqi detainees, though their cases will be transferred to Iraqi officials.  They ask that the US refrain from actually transferring persons until there is no risk of torture or ill-treatment while in Iraqi custody. 

For more information, please see:

New York Times – Iraqi Justice System is Faulted – 15 December 2008

Voice of America – HRW Says Iraqi Criminal Court Trials Unfair – 15 December 2008

Human Rights Watch – Iraq:  Unfair Trails Mar Main Criminal Court – 14 December 2008

Human Rights Watch – The Quality of Justice: Failings of Iraq’s Central Criminal Court – 14 December 2008

Reuters – Iraqi Justice System Falls Short – Report – 14 December 2008

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

NEW YORK, New York – On December 14, Human Rights Watch (HRW) released a report titled “The Quality of Justice:  Failings of Iraq’s Central Criminal Court.”  The report claims that the Central Criminal Court of Iraq (CCCI), the flagship court under the new Iraqi government, fails to meet international standards of due process and fair trials.

According to the report, HRW monitored court proceedings and met with judges, defense attorneys, and the defendants themselves.  The report explains that many of the problems in the justice system are due to structural problems in Iraq, including problems with political factions and inefficiency in the institutions.

The report states that defendants are often held for long periods before being tried.  HRW states that defendants are often held for months, or even years, before their cases are referred to a judge.   It explains that the delays are due, in part, to a dramatic increase in the number of detainees, many resulting from the implementation of the Baghdad Security Plan in 2007.  However, it also states that these delays are partly due to procedural failures in detainee handling prior to their arrival at the CCCI.  HRW says that judges sometimes deal with failures – such as lack of proper investigation – by dismissing cases.

Moreover, the report claims that those detained are often abused while in custody, mostly with the intent of garnering a confession.  HRW stated that it documented numerous cases where defendants showed signs of torture, or other forms abuse.  It stated that it documented at least 10 investigative hearings involving defendants recanting confessions that had been taken while in custody.  HRW has expressed concern about impunity for those responsible.

Finally, the report states that defense attorneys are often assigned to cases in the last few days before trial, failing to give them time to prepare an adequate defense.  It further claims that defense attorneys, though assigned, fail to properly perform their duties as an attorney.  The report describes a case where a court appointed lawyer in a capital case refused to speak during an investigative hearing after the judge denied his request to leave so that he could attend to another case.

The report also made several other allegations of failures in the court system. 

HRW requests that Iraq take action to prevent torture and ill-treatment of detainees, and disallow confessions and other evidence obtained through torture or abuse.   They further recommend that Iraq ensure that all arrests and detentions are in compliance with Iraqi domestic law.  They ask Iraq to release all detainees who cannot be charged or who have not been charged with a cognizable offense. 

HRW also recommends that the US continue to physically hold Iraqi detainees, though their cases will be transferred to Iraqi officials.  They ask that the US refrain from actually transferring persons until there is no risk of torture or ill-treatment while in Iraqi custody. 

For more information, please see:

New York Times – Iraqi Justice System is Faulted – 15 December 2008

Voice of America – HRW Says Iraqi Criminal Court Trials Unfair – 15 December 2008

Human Rights Watch – Iraq:  Unfair Trails Mar Main Criminal Court – 14 December 2008

Human Rights Watch – The Quality of Justice: Failings of Iraq’s Central Criminal Court – 14 December 2008

Reuters – Iraqi Justice System Falls Short – Report – 14 December 2008