No End in Sight: The Elusive Pursuit of Justice in Post-Tishreen Iraq

Call for Justice in the Wake of Anti-Government Protests in Iraq

Amnesty International has called on the Iraqi authorities to ensure truth, justice, and reparations for the killing and maiming of protesters by security forces during the nation-wide anti-government protests that began in October 2019. The human rights organization has urged the authorities to reveal the fate and whereabouts of people who were forcibly disappeared during the protests.

Violence and Repression against Protesters

During the Tishreen (October) protests, Iraqi security forces, including anti-riot police, counterterrorism forces, and members of Popular Mobilization Units (PMU), used lethal force against protesters and engaged in a campaign of extrajudicial killings and enforced disappearances. Amnesty International has criticized successive Iraqi governments for failing to ensure accountability for this violence and for reneging on their promises to provide truth and justice.

Despite the scale of the abuses committed, the number of prosecutions and investigations remains meager. This lack of accountability demonstrates the authorities’ disinterest in holding those responsible for the violence against protesters, activists, and lawyers accountable. “Justice for the Tishreen protests is long overdue,” said Razaw Salihy, Amnesty International’s Iraq Researcher. Salihy has called for independent and impartial investigations into the crimes committed since 2019, the publication of findings, fair trials that meet international standards, and protection for families demanding justice from reprisals.

Reprisals and Threats

Speaking out for justice has come at a high price for some families. Amnesty International highlighted the case of a human rights lawyer’s father who was killed in March 2021 after campaigning for information about his disappeared son. The family of another activist who was forcibly disappeared in September 2020 has also faced threats and pressure to drop their court case related to his disappearance. These reprisals have deterred other families from seeking justice.

Lack of Accountability and Transparency

The United Nations Assistance Mission to Iraq (UNAMI) has reported only a small number of convictions for violence against protesters and activists. The lack of progress in investigations and prosecutions is a stark indication of the authorities’ failure to hold security forces and affiliated militias accountable.

Successive Iraqi governments have established committees to investigate the violations committed during the protests, but these committees have failed to deliver truth or justice. The most notable committee, the Fact-Finding Committee, established in October 2020, has yet to publish any findings despite having the authority to refer cases to the judiciary.

One positive development is the drafting of a “Missing Persons Law” that aims to help relatives of the disappeared learn their fate and provide access to reparations. However, the law does not criminalize enforced disappearance or define penalties for perpetrators. Enforced disappearance is not currently a crime under Iraqi law.

Editorial: Pursuit of Justice Remains Elusive in Iraq

The lack of meaningful accountability and the continued repression of families seeking justice for the killings and enforced disappearances during the anti-government protests in Iraq is deeply troubling. The repeated failure of Iraqi authorities to deliver on their promises to bring those responsible to justice raises serious questions about their commitment to upholding human rights and the rule of law.

The failure to prosecute members of security forces and affiliated militias for their role in the violence against protesters and activists sends a message that such abuses will go unpunished. This perpetuates a culture of impunity and denies justice to the victims and their families.

The threats and reprisals faced by families that dare to speak out for justice demonstrate the urgent need for stronger protections for human rights defenders and their families in Iraq. The government must ensure the safety and security of those who are demanding accountability and actively discourage and prosecute any acts of violence or intimidation against them.

The lack of transparency in the investigative process and the delay in publishing the findings of the Fact-Finding Committee undermine public trust in the government’s commitment to addressing the human rights violations. The Iraqi authorities must prioritize transparency and ensure that the committee’s work is conducted independently and impartially.

Advice: Steps Towards Justice and Accountability

To begin the process of achieving justice and accountability for the crimes committed during the anti-government protests, the Iraqi authorities should take several immediate steps:

1. Conduct Independent and Impartial Investigations:

The authorities must launch independent and impartial investigations into all crimes committed since 2019 against protesters, activists, and their families. These investigations should be transparent and adhere to international human rights standards. The findings should be published to promote transparency and accountability.

2. Bring Perpetrators to Justice in Fair Trials:

The individuals suspected of criminal responsibility for the violence against protesters, activists, and their families should be held accountable in fair trials that meet international standards. The authorities must prioritize the prosecution of those responsible for the killings and enforced disappearances to send a clear message that such abuses will not be tolerated.

3. Protect Families and Human Rights Defenders:

The authorities must ensure the safety and security of families seeking justice and human rights defenders who are advocating for accountability. Individuals or groups attempting to silence or intimidate these families and defenders should face prosecution.

4. Criminalize Enforced Disappearance:

The Missing Persons Law currently under consideration should be amended to criminalize enforced disappearance and define penalties for perpetrators. This step is crucial to addressing the issue of disappearances and providing justice for the families affected.

The pursuit of justice is essential for healing the wounds of the past and building a society based on respect for human rights and the rule of law. Iraq must demonstrate its commitment to justice and accountability by taking concrete steps to address the crimes committed during the anti-government protests and ensure that the victims and their families receive the justice they deserve.

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