Documento - IRAQ. Juicio injusto / posible preso de conciencia

PUBLIC AI Index: MDE 14/048/2005

22 December 2005

Further Information on UA 299/05 (MDE 14/046/2005, 30 November 2005) - Unfair trial/possible prisoner of conscience

IRAQ Kamal Sayid Qadir (m), aged 48, Austrian national, writer

Kamal Sayid Qadir was sentenced to 30 years' imprisonment for "defamation" on 19 December, after a unfair trial. The charges arose from two articles which he had published on the internet, in which he criticised the leadership of the Kurdistan Democratic Party (KDP), one of the two parties holding power in the Kurdish-dominated region of Kurdistan. He has appealed.

The sentence was handed down by a State Security Court in the city of Arbil, after proceedings that fell far short of international standards for fair trial. Kamal Sayid Qadir was reportedly told about the trial only a few minutes before it began, and was represented by a lawyer who had been appointed by the court. He met with lawyer for the first time right before the session began.The trial lasted one hour, and the judge passed sentence once Kamal Sayid Qadir confirmed that he was the author of the articles in question.

Kamal Sayid Qadir has reportedly begun a hunger strike in protest at being imprisoned simply for expressing his opinions. His health is apparently failing, and he has asked for a doctor, but the prison authorities have apparently ignored this request.

Kamal Sayid Qadir, an Iraqi Kurd who lives in Austria, is believed to have been seized by KDP intelligence agents on 26 October, after he went to a meeting with KDP officials at a hotel in Arbil.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in English or your own language:

- expressing concern that Kamal Sayid Qadir was sentenced to 30 years' imprisonment on 19 December after proceedings that fell short of minimum international standards for fair trial;

- seeking assurances that he is being treated humanely and urging that he be given prompt access to lawyers of his own choosing, his family and any medical treatment he may require;

- expressing concern that he appears to have been detained solely for criticising the KDP leadership, and calling on the authorities to release him immediately and unconditionally if this is the case.