Document - Irak. Un homme relâché, ses deux frères maintenus en détention

URGENT ACTION

Further information on UA: 351/12 Index: MDE 14/019/2012 Iraq Date: 20 December 2012

URGENT ACTION ONE BROTHER RELEASED, TWO STILL HELD IN IRAQ One of three brothers arrested in Iraq has been released. The other brothers have been reportedly tortured while held incommunicado and require access to adequate medical treatment. ‘Adel Hamdi Shihab was released in the early hours of 13 December. Shamil Hamdi Shihab and ‘Amer Hamdi Shihab have been transferred to Ramadi's Tasfirat Prison, west of Baghdad, on or about 17 December. In the early hours of 5 December security forces arrested ‘Adel Hamdi Shihab and his two brothers, Shamil Hamdi Shihab and ‘Amer Hamdi Shihab, at their homes in Ramadi and took them to the Directorate of Counter- Crime. All three brothers are in their late 40s or early 50s. They were taken before an investigating judge on 9 December. According to reports received by Amnesty InternationaI both Shamil Hamdi Shihab and ‘Amer Hamdi Shihab have been subjected to torture or other ill-treatment, ‘Adel Hamdi Shihab was released in the early hours of 13 December and, according to Amnesty International’s information, has not said he was tortured or otherwise ill-treated. Shamil Hamdi Shihab and ‘Amer Hamdi Shihab, however, are reported to have been tortured and otherwise ill-treated before they were transferred to Ramadi's Tasfirat Prison, west of Baghdad, on or about 17 December. While they now have access to their lawyers and relatives, they need adequate medical treatment reportedly in connection with injuries they suffered under torture. Please write immediately in Arabic, English or your own language:  Urging the Iraqi authorities to immediately grant Shamil Hamdi Shihab and ‘Amer Hamdi Shihab access to adequate medical treatment;  Urging them to protect the men from torture or other ill-treatment;  Urging them to release the men unless they are charged with a recognisable criminal offence

PLEASE SEND APPEALS BEFORE 31 JANUARY 2013 TO DIPLOMATIC REPRESENTATIVES OF IRAQ IN YOUR COUNTRY AND ADDRESSED 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

Please insert local diplomatic addresses below:

Please check with your section office if sending appeals after the above date. This is the first update of UA 351/12. Further information: http://amnesty.org/en/library/info/MDE14/016/2012/en

URGENT ACTION ONE BROTHER RELEASED, TWO STILL HELD 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 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 organization. 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

FU UA: 351/12 Index: MDE 14/019/2012 Issue Date: 20 December 2012