Voices of the Silenced: Human Rights Violations in Iraq Demand Accountability

The Case of the Disappeared: A Ghost Haunting Militias and Calls for "Revolutionary" Actions

The issue of the disappeared has resurfaced in Iraq following a conference organized by prominent Iraqi activists, demonstrators, and parliament members, titled "Freedom for Sajad Al-Iraqi." This comes amid demands for real actions to end the tragedy faced by dozens of families whose children went missing during the October protests.

Dozens of activists attended the conference, recalling notable demonstrators who were disappeared after being kidnapped, including journalists Mazen Latif, Tawfiq Al-Tamimi, and Basim Al-Za'ak, as well as lawyer Ali Jaseb and activist Sajad Al-Iraqi, alongside demonstrator Faraj Al-Badri and activist Jalal Al-Shahmani.

“Don’t forget me”—with this phrase attributed to Sajad Al-Iraqi as he was attacked by his kidnappers—the conference opened with a short film documenting several cases of enforced disappearances of civil activists and journalists. This was followed by a speech delivered on behalf of the activists in the protest movement by activist Nashwan Al-Nahi, who began his address by asking, “Will the caravan of the disappeared stop with Sajad Al-Iraqi?” He also addressed independent MPs, stating that “Jalal Al-Shahmani, Mazen Latif, Ali Jaseb, and the rest of the list of the disappeared will not accept silence about the truth and demand that you act as much as you can to reveal it and condemn those responsible for silencing free voices.”

One of the Most Complicated Files

The most ambiguous and complicated aspect of this file is that it is difficult to identify the party directly and explicitly behind it, even though fingers of accusation are often pointed at armed factions and militias outside the control of the state.

What makes this file even more complicated is the existence of hundreds of individuals who have been shifted from death cases to enforced disappearances from their families or relatives after being killed in military operations launched by government forces against ISIS, or who fled the country to escape prosecution on terrorism charges.

An activist appeared in a video shortly before his kidnapping to reveal that he had received “death threats from influential armed militias in Dhi Qar province.” Friends of Sajad Al-Iraqi confirm that the last post by their kidnapped friend on his personal Facebook account attacked government officials and accused them of “collaborating with the Asa'ib Ahl al-Haq faction.”

Human rights activists and humanitarian researchers believe that the file of the kidnapped and forcibly disappeared in Iraq is not merely a human rights, judicial, and security issue, but is also a political file par excellence. Behind its continuation are forces pressuring the authority to protect individuals and armed factions accused of involvement in crimes related to this file, avoiding accountability and punishment. Furthermore, closing this file and achieving justice for victims cannot be separated from efforts to achieve societal reconciliation and restore stability to the country.

Two Sections in the "Tragic File"

The file of the disappeared in Iraq is divided into two main sections. The first concerns the disappearance of armed factions of Sunni Arabs during the war against ISIS in 2014 and beyond, which is a more complicated file. The second section involves the disappearance of a number of demonstrators during the protests that occurred in Iraq starting in 2019.

Statistics from the International Committee of the Red Cross indicate that Iraq has one of the largest numbers of missing persons in the world. The International Commission on Missing Persons, which works in partnership with the Iraqi government to help recover and identify the missing, estimates that the number may range from 250,000 to a million people between 2016 and 2020.

Meanwhile, Human Rights Watch has documented ongoing enforced disappearances by Iraqi security forces, noting that the authorities in Baghdad have not done enough to punish officers and personnel involved in cases of disappearance.

Here, human rights activist Wathiq Al-Miyahi states that “the file of the disappeared will remain a stain on the political process in Iraq after 2003, and these disappeared individuals and their families will continue to fuel the Iraqi people's yearning for genuine freedom, not the false freedom brought by Iran-affiliated parties.”

He adds, “The number of missing persons exceeds the statistics of international organizations that rely solely on reports, while there are hundreds of missing and disappeared individuals whose families have not reported their disappearance to the relevant authorities for various reasons. This necessitates revolutionary actions to resolve this complex file, which has become a barrier to achieving real reconciliation.”

He pointed out that “the international community takes into account governmental actions as well as the stance of political forces on this matter when dealing with Iraqi affairs.”

Iraqi observers and activists on social media have called for the need to open this file and to inform the families of the victims, especially those disappeared during military operations. This will contribute to stabilizing the situation and is considered a step towards completely resolving the issues in the country.

Human Rights View and International Law Perspective on the Issue of Disappearances in Iraq

Human Rights Concerns

1. Enforced Disappearances: The ongoing issue of enforced disappearances violates fundamental human rights, including the right to life, liberty, and security. Victims and their families face immense psychological trauma and uncertainty.

2. Lack of Accountability: There is a significant lack of accountability for those responsible for disappearances, particularly among armed groups and militias. This undermines the rule of law and perpetuates a culture of impunity.

3. Protection of Vulnerable Groups: Marginalized communities, including ethnic and religious minorities, are often disproportionately affected by disappearances. Their protection is crucial for ensuring their rights and safety.

4. Access to Justice: Victims’ families often encounter barriers when seeking justice, including bureaucratic obstacles and intimidation from powerful actors. This hinders their right to seek redress.

5. International Obligations: Iraq is a signatory to various international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), which obligates the state to protect individuals from arbitrary deprivation of liberty.

International Law View

1. Legal Framework: International law, including the ICCPR and the Convention Against Torture, provides a robust framework for addressing enforced disappearances. States are required to investigate such cases and hold perpetrators accountable.

2. Universal Jurisdiction: Some international legal principles allow for the prosecution of individuals for serious human rights violations regardless of where they occurred, emphasizing the global responsibility to combat impunity.

3. Human Rights Mechanisms: The UN and regional human rights bodies can play a crucial role in monitoring the situation in Iraq and urging the government to fulfill its obligations under international law.

4. Civil Society Engagement: International law encourages the involvement of civil society in advocating for human rights and holding governments accountable for violations.

Suggestions for Action

1. Strengthening Legal Frameworks: Iraq should enhance its legal frameworks to align with international human rights standards, ensuring that enforced disappearances are criminalized and that robust mechanisms for accountability are established.

2. Establishing Independent Investigative Bodies: Create independent commissions to investigate cases of enforced disappearances, ensuring that these bodies operate free from political influence and have the authority to hold perpetrators accountable.

3. Promoting Victim Support Services: Develop comprehensive support services for victims’ families, including psychological counseling and legal assistance, to help them navigate the complexities of seeking justice.

4. International Collaboration: Engage with international human rights organizations to provide training and resources for local authorities and civil society on best practices for addressing disappearances and protecting human rights.

5. Public Awareness Campaigns: Launch campaigns to raise awareness about the rights of individuals and the importance of accountability for disappearances, fostering a culture of respect for human rights within society.

6. Encouraging Community Involvement: Involve local communities in monitoring and reporting cases of disappearances, empowering them to advocate for their rights and the rights of others.

7. Regular Reporting to International Bodies: Ensure that the Iraqi government regularly reports to international human rights bodies on its progress in addressing enforced disappearances and implementing recommendations.

By addressing these human rights concerns through the lens of international law, Iraq can take significant steps towards resolving the issue of enforced disappearances and ensuring justice for victims and their families.