"My camera is my weapon. I cannot give it to you,” this was enough for the security forces of Duhok Northern Province to arrest Karwan Sadiq, reporter of Gali Kurdistan GK TV with verbal and physical abuse.
On August 13, 2020, Sadiq and his cameraman were on their way to the anniversary ceremony of Journalist Widat Hussein Ali's "assassination" in the central cemetery of Duhok cit. When they arrived at a checkpoint near the cemetery, the security forces immediately asked for microphones and cameras.
“The checkpoint was to prevent us from going to Wadat Hussein's grave, having cameras and microphones with us. They wanted to take cameras and Mic without asking for press identity. I refused, so they took it by force,” Sadiq told KirkukNow.
The team of GKTV was unable to reach the ceremony on the Grave of Wadat Hussein, a reporter for Rojnews news website. He was kidnapped in August 2016, few days later, they found his body in Duhok yet the perpetrators have not been identified up to the present.
“They dragged me out of my car and pulled me into a police car, and they badly reproached me. Beside the camera and the microphone, they took my cell phone as well," Sadiq said.
They dragged me out of my car and pulled me into a police car, and they badly reproached me
Only Sadiq was arrested and pushed into the trunk of a police car. When one of them knew I was complaining, he ordered them: "put this jerk into the back seat."
“Journalists have the right to attend congress and public activists," article 7 of the Kurdistan press law states.
From the checkpoint, Sadiq was transferred to Khabat police station near Duhok’s Court, where he was detained in a room, from 3:30 pm to 7 pm.
"I asked them why I am here and on what charges, but nobody answered me. Some other activists also were detained while they were heading to the anniversary of Wadat's murder," he said.
After 7 p.m., an officer goes to Sadiq and tells him to "Go home" without saying anything else, "He didn't even apologize despite the violations. We were not interrogated or signed a paper or even asked for a bail to release us."
Despite all these, Saddiq informed the syndicate of journalists and organizations advocating for rights of journalists and has not filed a lawsuit against any one or any group.
"I think the courts in (Iraqi) Kurdistan region are not independent, and if I go to court, I can't get my rights and it will be useless," said Sadiq a symbol for dozens of other journalists who do not rely on courts in the face of the violations practiced against them.
According to press law, journalists once found guilty are punished materially and financially and no article states detention.
I think the courts in (Iraqi) Kurdistan region are not independent
"We urge them to file lawsuits. Unfortunately, we have to admit that journalists still have poor legal background, and don't go to court to ask for their own rights," said Azad Hama Amin, secretary of the Kurdistan Journalists' Syndicate.
The syndicate says they provide lawyers for free to the journalists, despite the fact that most of the cases now are filed against journalists, not by the journalists against violators, Hama Amin said.
The Kurdish press law states that the syndicate should be notified of legal action against journalists, but several journalists have been arrested regardless of the legal provisions.
GKTV Correspondent in Duhok has been arrested five times before being prevented from holding the anniversary ceremony of Wadat Hussein, including once in March 2018 at a teachers' rally, and once again in June 2020, when a protest rally was held in front of courthouse in Duhok.
"I have been arrested for journalistic work; I was insulted and humiliated. I have evidence for all those incidents and there are eye-witnesses but I didn't file any case as there is no rule of law and I to protect myself," Sadiq believes.
Dozens of other cases of killings, beatings and insults against journalists have either not reported to court or have remained in court for a long time, either the suspect is on the run or perpetrators not arrested yet including the murder cases of Soran Mama Hama, Kawa Garmiani, Wadat Hussein and dozens of other violations.
Wirya Hama Karim, head of the Nalia Radio and Television NRT's office in Halabja province, complained about the slow process of trial when it comes to cases filed by journalists.
"I have two cases at court but I don’t know where it is as I have asked many time they their answer is that they (court) have no idea where it is," Hama Karim said.
One of the demonstrations in Halabja where security forces stopped Hama Karim. Photo taken from footage of the protests by Wirya Hama Karim.
One of Wirya’s cases was filed earlier this year against Halabja's director-general of health on charges of murder threat. Hama Karim says he has proofs such as a voice record. The second case was against senior commander of Patriotic Union of Kurdistan PUK in Halabaja late 2017.
"Amid the demonstrations, he ordered two of his guards to attack us,” Hama Karim said. “The camera was broken and I was shot by gun fire."
The journalist has only two lawsuits, but in return, 16 lawsuits have been filed against him by Halabja local and political officials on various charges.
"When a journalist files a lawsuit against a party or an official government, the case is not processed because of the intervention by officials in the court's affairs," he said.
The Kurdistan Journalists' Syndicate has 8,000 members, in addition to at least 1,000 journalists unregistered.
"I believe that in Kurdistan Region, there are few professional journalists with knowledge and background about law and ethics," said Arsalan Rahman, a media expert.
"Of course, the reason is that media workers don't know the boundaries for their work, they are not careful about choosing words and phrases, and they aren’t using the right language," he added.
Media workers don’t know the boundaries for their work
"They don’t work with the spirit of professionalism and the spirit of revenge or the emptying of hatred is dominant."
Rahman thinks poor people do not dare to violate law. "On the opposite, those poor people like to deal with the media and they are very generous with them."
"Those who violate law are individuals, groups, families, gunmen and groups who dare to violate law and are confident that police will cooperate to mess the evidence and they do not fear even the judges."
Once law is sovereign, there will be safety and security for all, including journalists, Rahman believes,
"As long as those who violate law are freed by courts, there will be no peaceful environment and friendly media, even if the scene looks fabulous and the call for freedom, pluralism and no censorship is loudly heard. On the ground, it is terrifying and heartbreaking because there are many journalists that cannot sleep peacefully at night".
According to syndicate of journalists' statistics in the past five years, 509 violations against journalists have been recorded, 130 of which were in 2020.
"Any case or problem of any journalist coming to the syndicate will be pursued without delay through the syndicate's lawyer. If they have their own lawyer to defend them, still we will be on their side," said Karwan Najib, a legal adviser at the Duhok branch of the journalists' syndicate.
"There have been 10 cases in the past five years ruled out in favor of journalists and in two other cases perpetrators were punished for practicing violence against journalists."
According to syndicate statistics, there have been more than 56 violations in the past five years against dozens of journalists and media outlets in Duhok. On the other side, many journalists were sent to court this year and some of them have been convicted.
"If journalists do not file lawsuits, there will be no legal follow up and it will be referred to as a case in the records and reports of the syndicate."
On February 16th 2021, the Erbil Criminal Court sentenced five of Badinan (Duhok region) detainees were sentenced six years in prison, including two journalists Sherwan Amin Sherwani and Guhdar Muhammad, per Law No. 21 of 2003, not Kurdish press law.
"The public prosecutor should bring to court those who are above law but because the public prosecutor is appointed by the political parties, they will certainly keep silent and won't take any action," said journalist Reving Yassin, a lawyer for Badal Barwari, a teacher and one of the Duhok civil society activists who has been imprisoned over 14 months and recently released.
Yassin, who is closely aware of a part of journalists' cases, says "those who violate law are security agencies affiliated to political parties and protecting them, while they should protect people."
He urges journalists to take legal action when they face harassment in order to stop it or put a limit for it.
According to statistics from the Metro Center for the Advocacy of Journalists' Rights, 1,559 violations have been registered against journalists and media outlets over the past five years, twice as many as the statistics of the Journalists' Syndicate, which Metro says were obtained and recorded through journalists' platforms, with 385 violations in 2020.
"Government and party officials, especially partisan supremacy.They are against journalists, while journalists are free to co-ordinate and broadcast information, because each journalist delivers informationto the people and encourages the corruption that exists."Rupak Ahmed, a member of the Cultural Committee and the Civil, Sports and Youth Community in the Kurdistan Parliament, told KirkukNow.
"Its government and political party officials, especially politicians practice violence against journalists, while journalists are free to dig for information and broadcast it," said Rupak Ahmed, member of Kurdistan parliament, culture and civil society committee.
"There is party intervention in the courts, thus cases of journalists cannot be resolved," she said. "We were able to minimize violence and braking law against journalists to a large extent. Without our censorship and follow up, violence and torture would have doubled now".
According to syndicate and metro statistics, violations have increased in the past year compared to 2019.
1,259 media outlets have been registered in terms of local TV channels, radio stations, newspapers, websites and magazines in the Ministry of Culture and the Kurdistan Journalists' Syndicate over the past 20 years in Kurdistan region.
The head of the journalists' syndicate says they have had an understanding with the Judiciary Council and the ministry of interior about the implementation of the press law, and that they are planning to lead joint courses for the security forces how to deal with incidents and journalists to avoid further violation.
