Baghdad court bails activist arrested on charge of insulting authorities
▶ Iraqi judiciary accused of criminalising freedom of expression as critic held for two days
A Baghdad court yesterday granted bail to a political analyst and activist, two days after his arrest on charges of insulting the authorities sparked outrage.
Ibrahim Al Sumaidaie’s release was announced by Ali Al Bayati, a member of Iraq’s semi-official Independent Human Rights Commission.
Mr Al Sumaidaie, a lawyer and former army officer, is a member of the Rafidain Centre for Dialogue think tank. He is known for his criticism of corruption and Iraq’s political elite. He was a supporter of the mass anti-government protests of 2019.
His arrest warrant said he was accused of “insulting the public authorities”. There was no further detail.
Another Iraqi analyst, Yahya Al Kubaisi, said the authorities had also issued a warrant against him on charges of libelling government institutions and officials.
Mr Al Kubaisi, who works for the Arab Centre for Research and Policy Studies in Amman, Jordan, said the warrant was in response to his criticism of the judicial authorities in articles for Al Quds Al Arabi newspaper.
Human rights advocates and activists accused the authorities of criminalising freedom of expression.
Iraq’s Supreme Judicial Council said Mr Al Sumaidaie made an “attack against an official institution and described it with rude words, not suitable to mention here, beyond the limits of the freedom of expression that are guaranteed by the constitution”. It also accused him of being paid for making the statements.
Under Clause 226 of the Saddam Hussein-era Iraqi Criminal Code, the charge against him carries a penalty of up to seven years in prison or a fine.
It is unclear which government entity filed the suit against him and what statements he made.
But a voice clip circulated on social media appeared to feature Mr Al Sumaidaie criticising the judicial authorities during the process of amending a law for the country’s Federal Supreme Court.
Kurdish writer Saman Noah said whoever filed the suit had “no shame”.
“They are silent while the militant factions and others attack the government, institutions and officials by words and sometimes by missiles,” he said, referring to Iran-backed Shiite militias who attack US bases and speak out against the government.
“This is the final nail in the coffin of democracy,” said Munqith Dagher, founder of the Independent Institute of Administration and Civil Society Studies research group in Iraq and Mena director of Gallup International.
“Arresting free people for their opinions is equal to kidnapping or assassinating them because of these opinions.”
Iraqis took part in street protests in October 2019 calling for the removal of the political elites in place since the US-led invasion that toppled Saddam’s regime in 2003.
Although the protests forced the previous government to resign and Parliament to approve early elections, they have died down after a tough response by the security forces and harassment, kidnapping and the assassinations of activists by militias, as well as the effects of the coronavirus pandemic.
By July last year, the government registered the killings of 560 protesters and members of the security forces, with thousands of injuries. Dozens of protesters and activists have been killed since.
When he took office in May, Prime Minister Mustafa Al Kadhimi promised to investigate the killings. But his government has yet to hold anyone accountable, offering only promises of justice and financial aid to victims.