A/HRC/38/44/Add.1
V. Other violations of the right to life
A.
Killings of journalists and other media professionals27
37.
The Special Rapporteur was informed of several attacks on journalists and media
professionals in recent years, including threats, intimidation, physical assaults and killings,
in particular in the Kurdistan region of Iraq. Concerns were voiced by several interlocutors
that the number of attacks appeared to be on the rise and the Special Rapporteur heard that
shortly before her visit, on 30 October 2017, Arkan Sharifi, a cameraman for Kurdistan TV,
was stabbed to death in front of his family in Daquq. She also received information on
similar cases dating back to 2010, including Kawa Ahmed Germyani, who was shot dead in
Kalar on 5 December 2013, and Sardasht Osman, who was kidnapped on 3 May 2010 in
Erbil and later found dead.
38.
A notable case raised with the authorities by the mandate holder prior to the visit, 28
as well as by UNAMI/OHCHR,29 is that of Widad Hussein (sometimes written as Widat
Hussein). Mr. Hussein, a correspondent with Rozh News agency in the Dohuk Governate,
was reportedly abducted on 13 August 2016 and found dead the same day in the Malta
district of Dohuk with his body showing clear marks of torture. In response, the Kurdistan
Regional Government authorities indicated that a commission of inquiry had been
established and that investigations into the case were ongoing. No additional information
had been provided at the time of finalization of the present report.30
39.
Concerns raised focused in particular on the reported lack of effective investigations
into the killings of Kurdish journalists and media professionals, and little or no
accountability for those killings. This impunity has led to an overall mistrust in the criminal
justice system and in turn increased fear among the media community of continuing their
critical reporting. This fear is heightened by their impression that the powerful figures who
were the subject of criticism by the deceased journalists might be behind their killings and
may even enjoy the protection of the justice system.
B.
Killings of women and girls (honour killings)31
40.
The Special Rapporteur also focused on the issue of honour killings, meaning the
arbitrary deprivation of life of women and girls (but possibly also men and boys) by (male)
family members or tribal members, because they are deemed to have brought shame or
“dishonour” on the family or tribe. While the scale of honour killings is unknown due to
severe underreporting, the latest estimate indicates that several hundreds of girls and
women become victims of honour killings in Iraq each year (A/HRC/30/66, para. 28). The
Special Rapporteur was informed that this issue affects all parts of the country, cutting
through religious and ethnic divides, with a strong tribal element and linked with the
country’s strong patriarchal society.
41.
Iraq lacks proper legislation to prevent and punish honour killings. Article 409 of the
Penal Code permits “honour” as mitigation for crimes of violence committed against family
members. In that connection, while sexual assault is criminalized, article 398 of the Penal
Code provides that charges may be dropped if the assailant marries the victim. It appears
that this provision can also be applied in cases where the victim is a minor.32 This creates a
nightmare “catch 22” type situation whereby the victim risks her life either way: if she
marries her assailant she may become a victim of lethal domestic violence and, if she does
not, she may fall victim to honour killing by her family or tribe. The Special Rapporteur
27
28
29
30
31
32
10
The Government provided additional information (A/HRC/38/44/Add.4, sect. 12).
Communication dated 15 March 2017, AL IRQ 1/2017.
UNAMI/OHCHR, “Report on human rights in Iraq: January–June 2017”, p. 20, and
UNAMI/OHCHR, “Report on human rights in Iraq: July to December 2016”, p. 36.
Kurdistan Regional Government response to AL IRQ 1/2017 (26 January 2018).
The Government provided additional information (A/HRC/38/44/Add.4, sect. 17).
OHCHR/UNAMI, “Report on human rights in Iraq: January to June 2017”, p. 12.
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