Lawyers Question Delay in Release of Journalist Qaraman Shukri Despite Presidential Decree

Peregraf

After a duration of six months and 18 days since President of the Kurdistan Region Nechirvan Barzani, opted to commute the sentence of journalist Qaraman Shukri, the implementation of this decision remains pending, and the journalist continues to be incarcerated despite having served his sentence.

On Monday, January 27, 2025, Qaraman Shukri's legal representatives conducted a press conference outside the Duhok court. They declared, "The President of the Kurdistan Region decided to reduce journalist Qaraman Shukri's prison sentence by 60% effective July 9, 2024, yet this decision has yet to be executed."

Reving Yasin, one of Shukri's attorneys, informed Peregraf: "In accordance with the sentence reduction decision, the journalist's term has now lapsed; however, we remain unaware of the reasons for his continued detention."

The fourth paragraph of the amnesty decree issued by the President of the Kurdistan Region stipulates that "The relevant authority shall enforce this decision from the date of its issuance."

Following an inquiry into the matter, the Ministry of Labor and Social Affairs, which oversees correctional facilities in the Kurdistan Region, communicated to the lawyers that "we require notification from the Presidency of the Council of Ministers to facilitate his release, as the ministry operates under the Council of Ministers."

"The Council of Ministers must clarify why the journalist has not been released. There exists no legal provision that obstructs his release. We are perplexed as to why the decision made by the President of the Kurdistan Region has not been acted upon," stated Shukri's legal team.

Notably, Masrour Barzani leads the Council of Ministers in the Kurdistan Region. He is the son of Masoud Barzani, who is also the uncle of Nechirvan Barzani, making Masrour and Nechirvan first cousins. Tensions and rivalries have arisen between Masrour Barzani and Nechirvan Barzani, with the power dynamics within the Barzani family significantly influencing the political landscape of Kurdistan.

Journalist Qaraman Shukri was apprehended on January 21, 2021, by Kurdish security personnel in the village of Sirey, Sheladze Distrcit, located in Duhok province. Following several months of his unexplained absence, his family was able to visit him in prison, where they learned that he had received a seven-year prison sentence.

Qaraman Shukri was convicted under Article 1 of the Kurdistan Parliament Law No. 21 of 2003, which has also been used to penalize other activists and journalists in the Badinan region. This article states: “Article 156 of the Iraqi Penal Code No. 111 of 1969, as amended, is repealed and replaced in the Kurdistan Region of Iraq by the following: Any actions that damage the security, stability, and sovereignty of the institutions of the Iraqi Kurdistan Region shall be subject to life imprisonment or provisional imprisonment.”

Legal experts and activists have expressed concerns regarding this article, describing it as "elastic" due to its vague definitions of crimes and punishments, which allows authorities to exploit it for the repression of activists and journalists.

The continued detention of Qaraman Shukri, despite the presidential decree for sentence reduction, raises significant concerns regarding the rule of law and the implementation of executive decisions within the Kurdistan Region.