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Iraq: Anti-Terror law under fire
8.12.2005
By Raghad Ali in Baghdad and Tiare Rath in
Sulaimaniyah (ICR No. 155, 07-Dec-05)
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Critics warn new
legislation could violate civil rights, while
supporters argue it will protect national security.
A leading international human rights group has
called for major amendments to Iraq's new
anti-terror law, saying it is "fundamentally
flawed".
Human Rights Watch, a United States-based rights
watchdog, heavily criticised the law in an email
interview with IWPR. Senior legal advisor James Ross
said it "invites easy abuse and colossal
miscarriages of justice by the courts".
He said vague language on terrorism could be used to
prosecute individuals for crimes unrelated to
terrorism or acts "poorly defined as abetting
terrorists".
Ross warned that rather than combat terrorism, the
law could harm the development of Iraq's criminal
justice system and undermine the rights of Iraqis.
"International law prohibits as arbitrary criminal
statutes containing elements of injustice,
unreasonableness or disproportionality," he
asserted. "This law contains all of these."
The anti-terrorism legislation went into effect in
mid-November, a little over a month after it was
approved by the National Assembly. The law passed
under the radar of many Iraqis - it was not widely
published in the press and few critics spoke out
against it, although a vocal minority of lawmakers
strongly opposed it.
Anti-terror laws throughout the world have come
under fire for combating terror at the expense of
civil liberties. Similar criticism is being directed
at the Iraqi law, particularly its harsh penalties
and loose definitions of terrorism.
The government has taken an increasingly hardline
stance against insurgents in recent months as it
tries to control security in the country. Defence
minister Sadoun al-Duleimi praised the law last
month, shortly after announcing he would bulldoze
the houses of those believed to be terrorists, or to
be sheltering them.
"Iraq is passing through a difficult period," said
Hussein Shaalan, a National Assembly member from the
Iraqi List bloc, and a supporter of the legislation.
"We want to stop the bloodshed which is claiming the
lives of thousands of Iraqis."
The law defines terrorism as "any criminal act
carried out by one or more persons against the
security and stability of the state, and/or against
persons or groups of persons, deliberately or
unwittingly."
It also criminalises "any act that may threaten
national unity or affect the security of the state".
Individuals convicted of committing, planning or
financing terrorist acts can receive the death
penalty under the law. Those convicted of concealing
terrorist activity or sheltering terrorists may be
punished with life imprisonment.
Ross said these terms - concealing terrorist
activity and sheltering terrorists - are "impossibly
vague", and that the death penalty stipulation
opposed United Nations guidelines.
Human Rights Watch is also concerned at a provision
that criminalises as terrorism any act "that exceeds
the freedom of expression guaranteed by virtue of
the law".
Ross said non-violent acts could potentially be
punished as state security crimes under the law. He
called for the legislation to be "promptly and
substantially revised, because it is unjust and
unpredictable".
The anti-terror legislation won wide support from
lawmakers in October, but a small group of National
Assembly representatives criticised it for trampling
on civil rights.
"This law is a crime against the people," said
lawyer Faiza Baba-Khan, a Kurdish member of the
National Assembly, adding that this move resembles
"the beginnings of a repeat dictatorship".
Baba-Khan has called for amendments to define
terrorist acts more clearly, and expressed concern
that the law would be used to suppress gatherings or
activities critical of the government.
Many Sunni Arabs believe the government's
anti-terrorism stance is directed against their
community. They have accused the Shia-led government
of conducting mass arrests and torture under the
guise of cracking down on terror.
Leaders of the Iraqi Islamic Party, one of a handful
of Sunni Arab parties participating in next week's
parliamentary election, have promised to review the
law if they are elected.
"The security forces interpret this law as [meaning]
targeting Sunnis more than targeting terrorism,
which doesn't distinguish between Sunni, Shia or any
other Iraqi group," said Muhammed Abdullah, an Iraqi
Islamic Party leader in the Karkh area of Baghdad.
National Assembly member Shaalan said it was
important to implement the law properly to ensure it
does not cause friction among different groups, and
protects human rights.
"The law is above all in the interests of the
country," Shaalan said, "and individuals are the
foundations of this."
Mahmood al-Sheikh Rathi, a National Assembly member
from Prime Minister Ibrahim al-Jaafari's United
Iraqi Alliance, has said critics of the law are not
serious about the war on terror, according to a
report in the newspaper al-Sabah.
"I support every law that puts an end to terror,"
said Samia Aziz, a lawmaker from the Kurdish
Alliance bloc. "The principle of reward and
punishment should exist in the new Iraq."
Raghad Ali is an IWPR trainee journalist in
Baghdad. Tiare Rath is the Iraqi Crisis Report
editor, based in Sulaimaniyah. IWPR trainee
journalist Daud Salman also contributed to this
report.
www.iwpr.net
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