Documento - Iraq: Three brothers at risk of torture in Iraq

URGENT ACTION

UA: 351/12 Index: MDE 14/016/2012 Iraq Date: 10 December 2012

URGENT ACTION

THREE BROTHERS AT RISK OF TORTURE IN IRAQ

Three brothers arrested in the early hours of 5 December are at risk of torture at the Directorate of Counter-Crime in Ramadi, central Iraq. Torture and other ill-treatment are frequently used at the detention centre to coerce “confessions” from detainees.

In the early hours of 5 December ‘Adel Hamdi Shihab and his two brothers, Shamil Hamdi Shihab and ‘Amer Hamdi Shihab were taken by security forces from their homes in Ramadi and brought to the Directorate of Counter-Crime. All three brothers are in their late 40s or early 50s.They were brought before an investigating judge on 9 December. It has been reported that the men appeared to have been subjected to torture or other ill-treatment. After the session they were returned to the Directorate of Counter-Crime in Ramadi where they are being held incommunicado and are at risk of torture.

The arrest of ‘Adel Hamdi Shihab and his two brothers took place after his son Nabhan ‘Adel Hamdi and three other men were sentenced to death on 3 December by the Anbar Central Criminal Court in an unfair trial (see UA: 124/12 Index: MDE 14/005/2012, http://amnesty.org/en/library/info/MDE14/005/2012/en). However, the charges against the three men are unknown.

Please write immediately in Arabic, English or your own language:

Urging the Iraqi authorities to grant ‘Adel Hamdi Shihab, Shamil Hamdi Shihab and ‘Amer Hamdi Shihab immediate access to their families and lawyers;

Urging them to release the men unless they are charged with a recognisable criminal offence;

Urging them to protect the men from torture or other ill-treatment;

Urging them to conduct prompt and impartial investigations into allegations that ‘Adel Hamdi Shihab, Shamil Hamdi Shihab and ‘Amer Hamdi Shihab have been subjected to torture or other ill-treatment;

PLEASE SEND APPEALS BEFORE 21 JANUARY 2013 TO:

Prime Minister

His Excellency Nuri Kamil al-Maliki, Prime Minister

Convention Centre (Qasr al-Ma’aridh)

Baghdad, Iraq

Email: info@pmo.iq

Salutation: Your Excellency

Minister of Justice

Hassan al-Shammari

Ministry of Justice

Baghdad, Iraq

Contactable in Arabic via web site: http://www.moj.gov.iq/complaints.php

Salutation: Your Excellency

Minister of Human Rights

His Excellency Mohammad Shayaa al-Sudani

Ministry of Human Rights

Baghdad, Iraq

Email: shakawa@humanrights.gov.iq

Salutation: Your Excellency�

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date.

URGENT ACTION

THREE BROTHERS AT RISK OF TORTURE IN IRAQ

ADditional Information

Iraq has long been a state party to the International Covenant on Civil and Political Rights (ICCPR) which prohibits torture (Article 7) and became a state party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2011. The Iraqi Constitution (Article 37,1,c) and Iraqi laws prohibit the use of torture.

Torture and other ill-treatment remain common and widespread in prisons and detention centres in Iraq, particularly those controlled by the Interior and Defence Ministries, and are committed with impunity. Methods include suspension by the limbs for long periods, beatings with cables and hosepipes, the infliction of electric shocks, breaking of limbs, partial asphyxiation with plastic bags, and rape or threats of rape. Torture continues to be used to extract information from detainees and “confessions” that can be used as evidence against them at trial.

Amnesty International has received a number of reports of cases of torture and other ill-treatment at the Directorate of Counter-Crime in Ramadi, including at least one case of death in custody where torture or other ill-treatment appears to have caused the death. Samir Naji ‘Awda al-Bilawi, 38, a pharmacist, and his 13-year-old son, Mundhir, were detained by security forces at a vehicle checkpoint in Ramadi in September 2012. Three days later, his family learnt that Samir Naji ‘Awda al-Bilawi had died in custody; images they released to Iraqi media showed that he had sustained injuries to his head and both hands. Following his release, Mundhir said he and his father had been assaulted at a police station then taken to the Directorate of Counter-Crime in Ramadi and tortured, including with electric shocks. He said he was ordered to tell an investigating judge that his father was connected to a terrorist organisation. Lawyers acting for the family of Samir Naji ‘Awda al-Bilawi were able to read the autopsy report issued in November which reportedly found that the death was caused by torture, including electric shocks. However, lawyers were not allowed to take a copy of the autopsy report and expressed concerns that the authorities did not take effective measures to prosecute those responsible for Samir Naji ‘Awda al-Bilawi’s death.

Name: ‘Adel Hamdi Shihab, Shamil Hamdi Shihab, ‘Amer Hamdi Shihab

Gender m/f: m

UA: 351/12 Index: MDE 14/016/2012 Issue Date: 10 December 2012

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