Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were numerous reports that the government and members of the security forces committed arbitrary or unlawful killings, and nongovernmental militias and ISIS affiliates also engaged in killings (see section 1.g.).
In August the UN Assistance Mission in Iraq (UNAMI) and the Office of the UN High Commissioner for Human Rights (OHCHR) recorded credible reports of the deaths of 487 protesters and 7,715 incidents of injury to protesters at, or in the vicinity of, demonstration sites from October 2019 to April. A comprehensive disaggregation of those injured was not possible. The casualty findings were broadly consistent with reports from various independent institutions in the country.
Human rights organizations reported that Iran-aligned Popular Mobilization Forces (PMF) militia groups engaged in killing, kidnapping, and extortion throughout the country, particularly in ethnically and religiously mixed provinces. Unlawful killings by unidentified gunmen and politically motivated violence occurred frequently throughout the country. In July historian and government advisor Hisham al-Hashemi was killed near his home in Baghdad’s Ziyouna district by two gunmen firing from a motorcycle. No group claimed responsibility for the shooting, but Al-Hashemi had been threatened by the Islamic State as well as pro-Iranian militias.
In August civil society activists blamed pro-Iranian militias for the killing of prominent activist Ossama Tahseen in Basrah Province by unknown gunmen. Tahseen was shot 21 times while security forces reportedly looked on. Also in August unknown gunmen killed female activist Reham Yakob. Yakob, who had previously led all-women protests in Basrah, had harshly criticized the government and pro-Iranian militias via social media before her death.
Government security forces reportedly committed extrajudicial killings. The Iraqi Parliament announced in December 2019 that a parliamentary “fact-finding committee” assigned to investigate the use of violence in the southern provinces had concluded its work and that its final report would be submitted to then caretaker prime minister Adil Abd al-Mahdi, without providing a timeline. The Dhi Qar Province portion of the investigation remained unfinished due to “incomplete statements of the officers.” Ultimately the committee did not release its final report, and apparently no significant legal action was taken against the perpetrators. The establishment of a fact-finding body to pursue accountability for violence against protesters was one of the first commitments of Prime Minister Mustafa al-Kadhimi’s government when he became prime minister in May. On July 30, al-Kadhimi stated that violence during demonstrations, as of that date, had killed at least 560 persons, including civilians and security personnel.
During the year the security situation remained unstable in many areas due to intermittent attacks by ISIS and its affiliated cells; sporadic fighting between the Iraqi Security Forces (ISF) and ISIS strongholds in remote areas; the presence of militias not fully under the control of the government, including certain PMF units; and sectarian, ethnic, and financially motivated violence.
Terrorist violence continued throughout the year, including several ISIS attacks (see section 1.g.). According to the Iraqi Security Media Cell (a component of the Defense Ministry), the number of ISF personnel killed in attacks during the year was 88, while another 174 members were wounded.
Political Prisoners and Detainees
The government did not consider any incarcerated persons to be political prisoners and argued they had violated criminal statutes. It was difficult to assess these claims due to lack of government transparency, prevalence of corruption in arrest procedures, slow case processing; and extremely limited access to detainees, especially those held in counterterrorism, intelligence, and military facilities. Political opponents of the government alleged the government imprisoned individuals for political activities or beliefs under the pretense of criminal charges ranging from corruption to terrorism and murder.
A legal advisor at an Iraqi human rights NGO noted the disappearances of at least 75 human rights and political activists who were kidnapped from protest squares and were being held by unknown parties presumed to be Iranian-backed militias.
In May, Prime Minister al-Kadhimi ordered the immediate release of all detained protesters. The Higher Judicial Council subsequently ordered courts around the country to release all protesters. In July the prime minister followed up with unannounced visits to prisons where nongovernmental organizations (NGOs) claimed protesters were being detained. According to local human rights organizations, prison officials were surprised by al-Kadhimi’s visits, during which the prime minister reportedly asked detainees whether there were any protesters among them.
After al-Kadhimi’s prison visits the IHCHR confirmed the release of 2,740 protester detainees. The IHCHR was allowed to visit the remaining 87 detainees, those accused of specific violent acts against government forces, while in custody.
Amnesty: A general amnesty law approved in 2016 and amended in 2017 includes amnesty for corruption crimes under the condition that the stolen money be returned. NGOs and politicians complained that authorities implemented the law selectively and in a manner that did not comply with the intended goal of the legislation, which was to provide relief for those imprisoned under false charges or for sectarian reasons.
The constitution and law prohibit the expropriation of property, except for the public benefit and in return for just compensation. In previous years government forces and PMF units forced suspected ISIS members, in addition to religious and ethnic minorities, from their homes and confiscated property without restitution. Although home and property confiscations declined sharply during the year, many of those who confiscated the homes still occupied them or claimed ownership to the property. This factor, among other concerns, contributed to low rates of return for IDPs to these areas. The compensation commission of Mosul, Ninewa Province, stated that families of suspected ISIS members could receive compensation if they obtained a security clearance to return home from the NSS, but HRW reported that almost all families of ISIS suspects were being denied clearance.
In Mosul, activists claimed that various PMF militia confiscated more than 5,000 private and public properties by manipulating property registration to replace the owner of record, many of whom fled the area during ISIS occupation. Similarly, NGO contacts reported a pro-Iranian militia group, Asaib Ahl al-Haq, confiscated the Abu Nawas theater building in November, one of the oldest theaters in Baghdad, to support their activities.
Section 2. Respect for Civil Liberties, Including:
b. Freedoms of Peaceful Assembly and Association
The constitution provides for freedom of assembly and peaceful demonstration “regulated by law.” The government sometimes limited freedom of peaceful assembly and association.
Freedom of Peaceful Assembly
Regulations require protest organizers to request permission seven days in advance of a demonstration and submit detailed information regarding the applicants, the reason for the protest, and participants. The regulations prohibit all “slogans, signs, printed materials, or drawings” involving “sectarianism, racism, or segregation” of citizens. The regulations also prohibit anything that would violate the constitution or law; encourage violence, hatred, or killing; or prove insulting to Islam, “honor, morals, religion, holy groups, or Iraqi entities in general.” Authorities generally issued permits in accordance with the regulations. As demonstrations escalated starting in October 2019, authorities consistently failed to protect demonstrators from violence (see section 1.e.).
In February armed militias attacked protest squares in Najaf and Karbala using live bullets, batons, and knives against peaceful protesters and also burned their tents. The security forces watched the attacks unfold without intervening to protect the demonstrators or stopping the militants. In May security forces in Diwaniyah Province opened fire on protesters who had gathered to demand the release of four activists arrested earlier that day.
From October 2019 to August, the al-Nama Center for Human Rights documented 39 killings targeting protesters, 31 attempted killings, 20 cases of harassment and intimidation, seven enforced disappearances, 36 kidnappings, and 35 arbitrary detentions throughout the country. Most of these attacks were carried out by unknown gunmen who observers believed were likely linked to Iranian- or Sadrist-backed militias.
Freedom of Association
The constitution provides for the right to form and join associations and political parties, with some exceptions. The government generally respected this right, except for the legal prohibitions against groups expressing support for the Baath Party or “Zionist principles.”
The government reported it took approximately one month to process NGO registration applications. NGOs must register and periodically reregister in Baghdad. According to the NGO Directorate at the Council of Ministers Secretariat, there were 4,600 registered NGOs as of September, including 168 branches of foreign organizations. There were also 900 women-focused or -chaired NGOs registered as of September. The directorate also sanctioned 700 NGOs for committing violations, such as providing cover for political parties or suspicious operations against the NGO code.
NGOs registered in Baghdad could operate in the IKR; however, NGOs registered solely in the IKR could not operate in the rest of the country. As a result some NGOs registered only in the IKR could not operate outside the IKR and KRG-controlled disputed territories.