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Four Duhok activists controversially convicted of national security violations, given prison terms

Defense lawyers speak to reporters on November 8, 2021 (NRT Digital Media)Presidency of Appellate Court Erbil Region building (File)
AM:11:41:08/11/2021

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SULAIMANI — Four activists from Duhok governorate were controversially sentenced to prison terms by a court in Erbil on Monday (November 8), defense lawyer Bashdar Hassan said.

Hassan told NRT that the defendants were convicted of Article 1 of Law No. 2, a national security statute passed by the Kurdistan Parliament in 2003 involving accusations of sabotaging the security of the Kurdistan Region and spying. It is an update of Article 156 of the Iraqi Penal Code.

All four proclaimed their innocence of the charges.

It is the same statute used to convict three journalists and two activists from Duhok in February, which sparked outrage from human rights activists and foreign governments.

Kargar Abas and Bandawar Ayub were sentenced to one year and two months, Sherwan Taha to two years and three months, and Masud Ali to three years and six months.

The four have been in pre-trial detention for more than a year, so Abas and Ayub will likely be released soon based on time served.

"The case was totally political,” Hassan said, adding that prosecutors were able to add alleged evidence to the case file despite the period for presenting new information having closed, which prevented the defense from being able to dispute it.

Dozens of journalists and activists were arrested by the local security forces, which are affiliated with the Kurdistan Democratic Party (KDP), last year in a crackdown on displays of public criticism of the authorities. The defendants were accused of being involved in protests in the summer of 2020.

Several other of the detainees have been controversially convicted and sentenced, while dozens of others remain in pre-trial detention without charge or any scheduled trial.

Ali’s father told reporters that "a crime is being committed against these guys only because they are not members of KDP.”

"There is no proof against them,” he added.

 

In tears, Ali’s son told NRT that he had not his father in more than a year.

"My sister can’t come here because she crying too much and my grandmother might die if she hears about this,” he added.

New Generation Movement lawmaker in the Kurdistan Parliament Sipan Amedi, who attended the trial, told NRT that "these activists are sentenced without any proof. It is clear that the court has taken a political side.”

The trials of the Duhok journalists and activists have damaged the Kurdistan Region’s reputation for relative respect for human rights and brought criticism about political interference with the judiciary.

(NRT Digital Media)

This story was updated at 12:00 p.m.