Warvin announces the reason behind releasing (Shadi and Shokhan)’s murderer

16 June 2013 – WARVIN / MESOP – On (January 2, 2011) 18-year-old (Shadi) and 21-year-old (Shokhan) kidnapped suspiciously in Chamchamal and they were found dead a day after.

After the incident, a person named (S.M) convicted of killing the two sisters, after 7 trails, on (April 29, 2013) Kirkuk Criminal Court – Garmian sentenced him to execution for murdering Shadi and Shokhan, but on (June 10, 2013) he was released upon the court’s decision.  Despite condemnation of Warvin foundation for women issues and other organizations and activists, releasing that convict Calls the judicial process and legal investigation in the region into question. In this context, (Warvin) called the defense attorney of the two sisters’ case; we will publish the information according to the attorney.

The defense attorney of the two sisters’ case in Chamchamal stated that the reason behind releasing the murderer of the two sisters, he said: “since the bullet cases and guns that were found near the bodies have been sent to the criminal evidence after 11 months, so the Prosecuting Authority decided to release him and stated that the decision is final, the court will open the case again in case of having new evidences.

(S.M) was sentenced to execution because there were evidences that showed the bullets have been shot from his gun; he was proven guilty of murdering (Shadi and Shokhan). But after one year and 40 days in jail, after reviewing his case, the Prosecuting Authority released him.

Advocate (Soran Hussien Ahmad) said to (Warvin): “Kirkuk Criminal Court – Garmian ordered the arrest of two suspects named (M.N.A) and (S.M.A) after the murder of the two sisters. On (April 29, 2013) (M.N.A) was released from jail for not having sufficient evidence”.  “Criminal evidence proved that the bullet cases around the bodies have been shot from (S.M)’s gun, the court ordered his execution based on the evidences” He added.  (Soran Hussien) also said: “after the execution decision, his attorneys did not believe the decision so they appealed and the court reviewed the case. On (14 May, 2013) the Prosecuting Authority repealed the execution decision and released the convict (S.M) according to article no. (38).

Regarding the release of the convict which was sentenced to execution due to having sufficient evidence, the attorney of the two sisters stated: “according to the decision, on (January 3, 2013) when the bodies of the two sisters were found, a number of bullet cases were around the bodies, later the two suspects were arrested on (June 24, 2011) means 21 days after the incident, the (S.M)’s Kalashnikov was seized as well. On (November 15, 2011), after 11 months the court sent the evidences to the criminal evidences.  

“Sending the bullet cases and the weapon to the criminal evidence is suspicious, they should have been sent after the incident, during a trail (suspicion) is claimed to be in the suspect’s favor, on the  other side, besides that evidence, there are no other evidences on (S.M), so the Prosecuting Authority decided to release him” He added.

The attorney also stated: “any decision which is issued by the Prosecuting Authority cannot be appealed or reviewed, because (13) judges have voted on it, the decision of releasing (S.M) has got majority of votes among the 13 judges.

Soran Hussien also said: “the decision cannot be reviewed at the court of cassation; the only thing is in one year time from the releasing date which is (May 14, 2013), if new evidences were presented to the court, the trail will start again”.

Regarding the case, the defense attorney of (Shadi and Shokhan) family gave his opinion and said: “the desertion was during the first trail when the case was in Chamchamal court, the attorney of the two sisters has not demanded that the seized weapon and the bullet cases to be sent to the criminal evidence, they should have been sent immediately and the case would not have ended this way”.

He explained that after transferring the case to Kirkuk Criminal Court – Garmian in Kalar, I became the attorney of the case upon their family’s request, while the case had other attorneys in Chamchamal.  Last Thurdsay (June 13, 2013) the release of the prisoner (S.M) was announced at a press conference, he has been tortured for more than two weeks by Chamchamal Asayish of the PUK, while the officials of Police and Asayish in Chamchamal talked to Warivn and they denied that and stated: “If he has been tortured for, why he was silent in the past two years and half”.