A/HRC/44/50/Add.4
of the criminal code. Based on the information received, the interrogations were based on
intercepted conversations of participants in the assembly via WhatsApp, where some of them
had expressed ideas on Islam and religious figures in Mauritania.
118. The Special Rapporteur wishes to thank the Government of Mauritania for its reply to
this communication. He however regrets that issues at stake are underestimated in the reply
of the government and detainees are ladled as those who “want to sabotage the hopeful
atmosphere {of the country} with communication campaigns that are derisory, injurious,
false and damaging to sacred values”. The Special Rapporteur would like to remind the State
that religion, whether official or not, or any widespread belief of peoples, cannot constitute
the basis for infringement on rights of individuals who peacefully assemble and exercise their
rights to freedoms of belief, expression, and association, without harming or causing injury
to the society. In this case, he regrets that the replies of the government does not address how
and on what basis, whether legal or not, interception of conversations among individuals who
peacefully assembled happened. The Special Rapporteur hopes to continue the dialogue with
the State.
Freedom of association
119. This report provides observations to communications sent by the Special Rapporteur
concerning the right to freedom of association in the region to Iraq and Morocco. The Special
Rapporteur thanks the Government of Morocco for its reply to its communication on 3
October 2019. He urges the Governments of Iraq to provide a reply to the communication
sent.
120. The Special Rapporteur expressed concern over the alleged arrest and subsequent
detention of Mr. Idrees Saleem Mohammed Rozhbeani, a member of the Kurdistan Free
Society Movement, which is a registered political party established in 2014 in Iraq. On 8 May
2019, Mr. Rozhbeani was arrested by Asayish security forces at a checkpoint in Erbil. The
arrest appears to be part of a larger operation to arrest and detain members of the Kurdistan
Free Society Movement in an effort to contain their political activism. Several other members
of the party were recently arrested, allegedly for their affiliation with the party in different
parts of the Kurdistan Region, and sometimes released shortly after. The Special Rapporteur
lamented that Mr. Rozhbeani was arrested without a warrant or judicial order, did not have
access to a lawyer, and was subjected to torture and mental and physical ill-treatment,
including humiliation and sleep deprivation. As stated by Asayish representatives, he was
arrested and subsequently detained in relation to his membership with the Kurdistan Free
Society Movement. The Special Rapporteur reminded that this deprivation of liberty on the
ground of Mr. Rozhbeani’s real or imputed political opinions and his affiliation to an
organisation is in breach of the obligations of the State Party to the covenant on Civil and
Political Rights ratified by Iraq in 1971.
121. On Morocco, the Special Rapporteur expressed concern over the allegations regarding
the dissolving of Racine, a non-profit organization working for the integration of culture in
public policies regarding social, economic and human development. On 5 August 2018,
Racine made its premises available for the producers of an online satirical program dealing
with Moroccan current affairs topics. Following the broadcast of the show, on 9 October
2018, the Governor of Casablanca filed a complaint requesting the dissolution of the Racine
association, on the following grounds: "organizing an activity involving dialogue clearly
insulting the institutions, attacking the Islamic religion, humiliation of the organizing
institutions and government officials, who were accused of corruption, in the context of the
implementation of the programme of the national human development initiative, as well as
public opinion far from the objectives for which [the organization] was created, in addition
to the events accompanying this activity, i.e. alcoholic beverages in public. »
122. The statute of the organisation had foreseen activities of artistic nature as a form of
education of the public on different societal subjects. However, in its judgement of 26
December 2018, the Casablanca Court of First Instance ordered the dissolution of Racine and
the liquidation of its assets on the grounds that the association had organized activities that
did not fall within the objectives set out in its statutes. Racine's directors appealed this
decision on the grounds that they had not organized the event in question or contributed to
its online dissemination. On 16 April 2019, the Court of Appeal upheld the trial judgment.
While the Special Rapporteur takes note of the explanations provided regarding the
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