In 1968, the Ba’athist party came to power in Iraq. A year later, they passed Law 156 of 1969:
The death penalty shall be imposed on whoever intentionally commits an act with the intention of harming the country’s independence, unity, or territorial integrity, and the act is likely to lead to that
giving the state permission to execute many people, including Kurds and other groups.
Over 30 years later in a progressive move, the newly formed Iraqi Kurdistan Parliament abolished Law 156 and replaced it with Law 21 of 2003:
Anyone who intentionally or in any other way is involved in any action that aims at damaging the security, stability and sovereignty of the institutions of the Iraqi Kurdistan Region and thus causes that damage, will be sentenced to life or temporary imprisonment.
In Law 21, the government removed the death sentence and replaced it with life or temporary imprisonment, but also made the law much more vague than previously. The law weakens the definition of intentionality, where even if you were involved without knowledge or intention in any action that the government might understand as damaging, you are subject to punishment.
As a result, many human rights activists and journalists have become imprisoned under that law, including most of the Badinan journalists and activists. Suleiman Ehmed, journalist, activist, and resident of Sulaimaniya, went back to Rojava, Syria to participate in the funeral and mourning ceremony of his father but was arrested upon his return by the Kurdistan Democratic Party forces on 25 October 2023 once he crossed into Iraqi Kurdistan from the Fish-Khabur border. He has been held since then in the General Security Office in Duhok. He is due to face a trial according to Law 21 of 2003, accused of supporting the Kurdistan Workers’ Party (PKK). His lawyers have only seen him once briefly, and have still not been able to see his case file. His family has not been able to visit him at all.
Journalists and activists are not threats to the national security of Iraqi Kurdistan. They are the upholders of democracy, freedom of expression and liberty. Hundreds of thousands of people in Iraqi Kurdistan have given their lives for the abolishment of any incarnations of Law 156, as thousands of them were executed because they intentionally, vigorously, and tirelessly resisted the Ba’athist regime and its laws. Now when Iraqi Kurdistan enjoys self-rule and a great degree of independence, the sacrifice of those hundreds of thousands of people needs to be honoured by respecting the freedom of expression, independence of courts, strengthening of democratic structures and institutions, and social justice.
Pray with CPT Iraqi Kurdistan for the release of Suleiman Ehmed who is suffering imprisonment for his activism because of Law 21 of 2003 and will have a court hearing on 30 June 2024.
Pray for all others who have been subjected to imprisonment under the Law 21 of 2003.
Pray for the abolishment of all incarnations of Law 156 from 1969.
