URGENT ! – Objection Statement for Public / South Kurdistan (CLICK & WATCH SIGNATURES)

Today 3rd of March 2014, the investigation court of Erbil and based on the claim of the head of High Judicial Council of the Kurdistan region of Iraq, illegally has detained Mr. Shwan Saber Mustafa, the Jurist and Human Right activist. The decision was based on the article No 229 and 433 in the Iraqi penalty code No. 111 for the year 1969. The detention was based on section two and four of the mentioned code that are related to “violation against public employee” and “defaming and discloser of confidential information”.

We as supporting group to the case of Mr. Shwan Saber, regard the decision of the judge as suppression to the freedom of expression and violation of human rights. We consider today’s judge decision is illegal due to the following reasons:

1. The prosecutor “High Judicial Council” has not presented any legal evidences to the court; however, the court has decided to issue the arrest order, accordingly detained Mr. Shwan.

2. According to the legal procedures the investigator judge should issue a notice letter for the accused person so to be present in front the court. In case if the person didn’t attend the trail or refused to be present in the court, then the court will issue the arrest order.

3. Both aforementioned articles are covered by bailout system, which has been mentioned today in the letter of the deputy of public prosecutor.

4. The investigative judge did not allow lawyers of Mr. Shwan Saber Mustafa to be present in the court except one of them, which was against the legal procedures.

5. This is the first time in Kurdistan Region the court is imitating the court of countries that the law is not superior. In today’s trail, the court was acting as prosecutor and judge at the same time which is in justice.

Therefore, we as civil society organizations, activists, and journalist are calling for:

1. Immediate release of Mr. Shwan Saber Mustafa, the jurist and Human Right activist.

2. The procedures in the mentioned court has proceeded illegally against Mr. Shwan Saber, therefore, we are requesting all concerned stakeholders to intervene in order to stop such violations and to protect the role of law.

3. Such a trail in Kurdistan Region will lead to mistrust of people and objection of majority of internal and international communities. Accordingly, will lead to bad reputation of this region and will arise many questions, especially related to the violation of human rights and absence the role of law and fair justice system.

4. We, hereby, are calling for all supporters of freedom of expression, civil society organization and democracy to take various civil campaigns to protest such injustice decision.

5. We ask the presidency of public prosecution to take their roles in releasing Mr. Shwan and refusing this illegal decision. Since Mr. Shwan is a member of public prosecution.

Supporting group to the case of Mr. Shwan Saber

1. Kurdistan Volunteer Organization.

2. Public Aid Organization

3. Trainers League of Human Rights Trainers.

4. Time Center for Youth Awareness and Training

5. Democracy and Human Rights Development Centre

6. Kurdistan Institute of Election

7. Legal Consultation Organization

8. Human Organization for Defending Human

9. Invention for all Organization

10. Hawena Organization for Arts

11. Gender Information and Studies Organization

12. Dawan Organization for Environment Protection

13. Network of Kurdistan Courts that’s member in International Court.

14. Legal Intellectual Medium

15. Niaz Abdulla – Human Right Activist

16. Hemen Farid – Civil Activist and Jurist.

17. Bakhtyar Muhammed – Civil Activist.

18. Ramzia Zana – Civil Activist and Jurist

19. Hogr Chato – Civil Activist and Jurist

20. Iumed Abdulsalam Palani – Lawyer and Civil Activist.

21. Fars Husen – Civil Activist

22. Ali Mahmud – Civil Activist

23. Dashty Sdiq – Civil Activist and Jurist

24. Karim Sofy – Lawyer

25. Sardasht Adbulrahman – Civil Activist and Jurist

26. Awat Muhammed – Civil Activist

27. Dler Ali – College Professor

28. Kamiran Karim – Civil Activist

29. Aram Jamal – Civil Activist

30. Karokh Ibrahim – Artist

31. Karzan Aziz – Civil Activist

32. Samir Qadr – Civil Activist

33. Mahdi Maghdid – Lawyer and Civil Activis

34. Lawand Jalal- Consultant of the Speaker of Kurdistan Parliament.

35. Ibrahim Abdulwahab

36. Falah Moradkhan Shakaram ,Lawyer  

Falah Murad khan Shakarm – Iraq project coordinator -WADI Organization

Tel: 00964 770 158 8173  – www.wadi-online.de / www.stopfgmkurdistan.org