The decision of the Iraqi Kurdistan Region President IKRP to commute the prison sentence of photojournalist Qaraman Shukri has not been effective yet as he is still incarcerated. According to the Committee to Protect Journalists (CPJ), Kurdish authorities in northern Iraq are making an appalling habit of sentencing journalists to prison without any regard for due process and for the rights and freedoms they claim to defend.
Shukri, who worked for Rojnews, Star TV, and Kurdish News Network KNN for six years, was arrested on Jnauary 27, 2021. He was allowed to see his mother in prison in June of the same year. His mother said her son told her he was sentenced to seven years-in-prison by Duhok court without having the right to hire a lawyer.
Ni'mat Zaynadin, Qaraman Shukri's uncle, informed KirkukNow that Shukri was apprehended by security forces in the Sere community of Shiladze sub-district, part of Amedi district in Duhok northern province. Zaynadin emphasized that Shukri solely worked as a journalist, “primarily as a photographer, working for some local websites and (social media) pages.”
"After his arrest, we were unaware of his whereabouts for 97 days! We did not know where he was taken or his condition. Eventually, his brother was able to see him, followed by his mother's visit in prison,” he added.
“He was secretly sentenced to seven years in prison, without the presence of his relatives and lawyers. They informed us that he was charged with espionage."
Three days after his sentencing, Qaraman's mother visited him in prison and asked him “is your conviction and jail sentence, and he confirmed yes, I have been sentenced to seven years-in-prison.”
Yes, I have been sentenced to seven years-in-prison
According to Article 23 of the Criminal Procedure Law, every accused individual has the right to appoint a lawyer and seek legal counsel 24 hours after arrest, regardless of the charges against them. However, Shukri was not afforded this right during his arrest or investigation.
"They did not allow us to attend his trial," his uncle lamented.
On July 9, 2024, three years and six months after his arrest, Nechirvan Barzani, IKRP, decided to reduce Shukri sentence by 60 percent, based on KRG presidency law. The concerned parties were expected to implement this directive immediately.
According to Shukri's lawyer, this decision implied his imminent release, given that he had already served more than 40 percent of his sentence.
We were thrilled by the KRG president's decision. We even purchased flowers in anticipation of his release
"We were thrilled by the KRG president's decision. We even purchased flowers in anticipation of his release, but we have been waiting for seven months," Zaynadin sadly said.
Dilshad Shahab, spokesman for the Presidency of the Iraqi Kurdistan Region, did not respond to KirkukNow's calls and messages.
Shukri, currently detained at Duhok Correctional Facility, is the eldest son among five brothers and six sisters. His father, who worked for KNN, was assassinated on December 31, 2016, with the motive remaining unclear.
"Qaraman's mental state has deteriorated following the failure to execute the president's decision," Zaynadin revealed.
Shukri was convicted under Law No. 21 of 2003, pertaining to espionage and national security disruption.
The Committee to Protect Journalists (CPJ) issued a statement on June 28, 2021, stating “The Kurdish regional government should immediately release photojournalist Qaraman Shukri, drop the charges against him, and stop imposing harsh prison sentences on members of the press.”
“Kurdish authorities in northern Iraq are making an appalling habit of sentencing journalists to prison without any regard for due process and for the rights and freedoms they claim to defend,” said CPJ’s Middle East and North Africa representative, Ignacio Miguel Delgado.
The wave of arrests, long pre-trial detention and flawed trials of journalists and civil society activists critical of the KRG has sparked protests by local and international organizations and individuals.
On June 20th, Erbil’s Court of Appeal upheld the six-year prison sentences of freelance journalists Sherwan Amin Sherwani and Guhdar Zebari, and three civic activists Ayaz Karam, Hariwan Essa and Shivan Sa'id for allegedly violating national security laws.
The Metro Center for Journalists Rights and Advocacy reported 182 cases of violations against journalists and media channels in the KRI, including 24 cases of journalists arrested without court warrant, compared to 249 violations in 2023.
However, Vian Abbas, president of the Duhok branch of the Kurdistan Union of Journalists, stated that any journalist detained for journalistic reasons would be investigated, regardless of union membership.
Local and international media outlets and organizations, advocates and MPs expressed their grave concern that that press freedom is increasingly under threat in the Kurdistan Region of Iraq.
"Qahraman Shukri’s arrest is in the context of a wider crackdown by Kurdish authorities on the right to freedom of expression," said Amnesty Internation last April. "He must be immediately and unconditionally released."
However, Vian Abbas, president of the Duhok branch of the Kurdistan Union of Journalists, stated that any journalist detained for journalistic reasons would be investigated, regardless of union membership.
"Qaraman Shukri was not arrested on journalistic grounds so his case was not investigated," Abbas clarified.
Ramazan Artisi, Shukri's lawyer, informed KirkukNow that “the only reason for his continued detention is that law is not enforced. He should have been immediately released after the decree by the president of the region because he has served six months over 40% of his sentence considering the 60% reduction, yet he has not been released.”
He urged the relevant authorities to explain the reason behind Shukri’s ongoing incarceration.
