Peregraf
Security forces in the Kurdistan Region of Iraq release footages of confessions of those who are charged with various accusations while investigations are still being undertaken and the court has not yet taken decisions about these cases. Therefore, security forces are accused of violating human rights.
The latest confession has been released to the public by security forces on the 10th of May 2019 when Security forces (Asayesh) in Sulaimani released a footage of five members of New Generation party who said they were confessing to acts like blackmailing, slandering, and defamation via social media.
This is not the first time security forces release such types of footages. However, this time the reactions were much wider as the accused persons have ties with an opposition political party.
These confessions have been released at a time when the investigation of the case has not yet finished, and the court says it is not aware of the confessions being released and it has talked with security forces regarding this issue.
The New Generation Movement released an official statement criticizing the release, characterizing it as a "disgusting scenario." The confession also angered the public.
Dilshad Faiz, spokesman of KRG’s Attorney General, told Peregraf that releasing confessions while investigations are still ongoing depends on the specialized courts, "Normally, these kinds of confessions should not be released to the public."
He also states that if the court declares guilty those who confessed to the public, "They can file suit against those who have released the footages."
In the released footage by the security forces, volunteers seem to associate themselves in efforts to blackmail New Generation’s representatives, who had been cynical of the Movement's leadership. Online efforts are included to influence public opinion by attacking political opponents over social media under the supervision of New Generation President, Shaswar Abdulwahid. However, Abdulwahid denies all the allegations, saying they want to "target and defame" his party.
Zya Pitros, the head of the Independent Commission for Human Rights, told Peregraf that the confessions should not have been released to the public until all the investigation phases had finished. Regarding the New Generation confessions, he says "We have not conducted any investigation to know if they have confessed under pressure, this is not our duty but the Attorney General’s; we simply monitor human rights conditions."
In late April, local security raided New Generation’s headquarters in Sulaimani several times and took into custody around ten movement’s members. Security forces are also searching for other members, but there’s still no custody warrant to Shaswar Abdulwahid.
Judge Omer Ahmed, spokesman of the Sulaimani court, told Peregraf "Showing the faces of the accused persons to the public was oblivious to the court." He also affirms that the court has talked with the security forces regarding this issue.
Judge Omer also states that there is no order from the court to release confessions and to reveal the faces to the public.
"The measures that we have been taken are done within the legal framework, and the investigations are ongoing," read a statement issued by Sulaimani security.
"This specific case is dangerous in its nature, which is related to the general behavior and attitude, as well as the social values and principles," it continued, stressing that no party would be permitted "to distort law, individual rights, and lives of people. We will find criminals and bring them to court."
A former judge says releasing footages of accused persons in a case where investigations have not come to an end, is obviously against human rights.
Dr. Latif Mustafa, expert in law and a former judge, states that "every accused person is innocent until the court sentence, they must not be subject of abasement even after they are charged, their dignity should be protected, without their consent, confessions must not be released because it has an effect on the whole family."
"This only happens in the Middle Eastern anti-human rights countries. It is also proven that these acts encourage more people to commit crimes, and not hinder them." He further asks "If one of them or all of them are proven to be innocent, how are they and their families compensated?"