A/HRC/13/42*
page 112
Ministry of Interior were involved in degrading treatment of prisoners. Arrests warrants
against them were allegedly issued, but no arrests have reportedly yet taken place.”428
227. In relation to Kurdistan province, UNAMI noted in 2006 that despite concrete
acknowledgement by the Kurdistan Regional Government (KRG) of the arrest of individuals by
intelligence and security forces and their detention at unofficial detention facilities, there
appeared to be little impetus by the authorities to effectively address this pervasive and serious
human rights concern. There had been little official denial of the existence and sometimes
location of secret and illegal detention cells in Suleimaniya and Erbil, which were often no more
than rooms in private houses and Government buildings. UNAMI reiterated in 2007 that:
The practice of administrative detention of persons held in the custody of the Asayish
(security) forces in the Kurdistan region, the majority having been arrested on suspicion of
involvement in acts of terrorism and other serious crimes. Many are said by officials to be
members or supporters of proscribed Islamist groups. Hundreds of detainees have been
held for prolonged periods, some for several years, without referral to an investigative
judge or charges brought against them. In some cases, detainees were arrested without
judicial warrant and all are routinely denied the opportunity to challenge the lawfulness of
their detention. UNAMI also continues to receive allegations of the torture or ill-treatment
of detainees in Asayish detention facilities. … On 28 January and again on 27 February
[2007], families of detainees arrested by Asayish forces demonstrated before the Kurdistan
National Assembly in Erbil, demanding information on the whereabouts of detained
relatives and the reasons for their arrest...429
In 2009, UNAMI further reported that:
The KRG 2006 Anti-Terrorism Law, which forms the legal basis for many arrests, has
been extended into mid-2010. …UNAMI/HRO continues to document serious violations
of the rights of suspects and those deprived of their liberties by the KRG authorities. These
include claims of beatings during interrogation, torture by electric shocks, forced
confessions, secret detention facilities, and a lack of medical attention. Abuse is often
committed by masked men or while detainees are blindfolded.430
228. The experts took up the case of a group of individuals arrested and held in secret detention
for prolonged periods in the spring of 2009 in connection with accusations against Mr. al-Dainy,
428
Ibid., para. 92.
429
Ibid., paras. 73-75.
430
UNAMI, human rights report, 1 July - 31 December 2008, May 2009, paras. 91-92. See also
Amnesty International, “Hope and fear: human rights in the Kurdistan region of Iraq”,
April 2009, available from www.amnesty.org/en/library/asset/MDE14/006/2009/en/c2e5ae23b204-4b46-b7f5-06dc1501f62f/mde140062009en.pdf.
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