On August 19, 2025, journalist Sherwan Sherwani was tried and convicted in the Bnaslawa Misdemeanor Court for allegedly threatening a security officer inside the Erbil Adult Prison. He was sentenced to an additional four years and five months in prison. CPT-IK observed the trial and documented major violations, including a lack of proper evidence and procedures, the defense’s inability to challenge the validity of the evidence used to convict Sherwani, unjust sentencing, the militarization of the court, and the use of plainclothes security personnel to agitate and assault civilians waiting outside the courtroom. These violations reflect a documented pattern of political interference by government authorities in the judiciary and a lack of impartiality in the legal system, which continues to target journalists and activists who speak out against government corruption or interests, thereby limiting freedom of speech and expression.
Background
Sherwan Sherwani, an independent journalist and civil rights activist, was among numerous journalists and activists detained by Duhok security forces in late 2020 due to criticizing the government and their involvement in protests against government corruption. In February 2021, he and four others stood trial on charges of “endangering the national security of the Kurdistan Region.” All were convicted and sentenced to six years in prison but after public pressure had sentences reduced or commuted. Sherwani’s journalism has focused on uncovering corruption, exposing secret government detention facilities, and promoting human rights—work that has made him a frequent target. Prior to his arrest, he faced abductions and repeated threats aimed at silencing his reporting and activism. On July 20, 2023, he was once again tried and convicted—this time by the Erbil Criminal Court—on charges of document falsification and forgery and given a four year prison sentence. The trial was marked by similar procedural violations, suggesting a high likelihood of political interference and highlighting the absence of an independent and functional judicial system. Although Sherwan Sherwani was scheduled for release on September 9, 2025, security forces approached him in June—just months before his release—offering an early release and compensation in exchange for ceasing his criticism of the government. He denied the offer and the formal judiciary process of the complaint by prison personnel began.
Violations
Sherwan Sherwani was tried and convicted under Article 229 of Law No. 111 of the Iraqi Penal Code, which pertains to assaulting or threatening a public employee in the course of their official duties. The conviction was based on allegations that Sherwani threatened a security officer at the Erbil Adult Prison.
Article 229 states:
“Any person who insults or threatens an official or other public employee or council or official body in the execution of their duties or as a consequence of those duties is punishable by a period of detention not exceeding 2 years or by a fine not exceeding 200 dinars.
The penalty will be a period of detention not exceeding 3 years plus a fine or by one of those penalties if such insult or threat is directed at a judge or legal or administrative court or council carrying out a legal function in the execution of their duties or as a consequence of those duties.”
Sherwan Sherwani was sentenced to four years and five months under a law that stipulates a maximum penalty of two years. This clear deviation from the legal limit highlights the unjust nature of the sentencing.
Access to Evidence for Defense
The right to a fair trial is a fundamental human right, protected under both international and domestic legal frameworks. CPT-IK expresses serious concern regarding procedural irregularities observed during the trial, particularly the court’s failure to provide the defense with full access to the case’s legal documents in advance. This lack of disclosure placed the defendants at a significant disadvantage and created an imbalance that appeared to favor the prosecution, thereby undermining the principles of impartiality and due process. Moreover, the defense was not given the opportunity to cross-examine witnesses or challenge the credibility and independence of the evidence submitted by the investigation court. This further compromised the fairness of the proceedings and reflects a broader pattern of judicial shortcomings.
Lack of Sufficient Evidence
The plaintiff in this case, a prison official from the Erbil Adult Security Prison, alleged in his complaint that Sherwan Sherwani threatened him while in detention. As evidence, the plaintiff presented four witnesses. Two of the witnesses—representatives from the Independent Commission for Human Rights—testified that they did not witness Sherwani make any threats toward the plaintiff. These individuals were present at the time of the alleged incident, conducting a routine well-being check on prisoners.
The remaining two witnesses, identified as guards assigned to the plaintiff, testified that Sherwani did in fact threaten the plaintiff. In response, Sherwani stated that he had never seen these two individuals before and challenged the credibility of their testimony. He requested the release of CCTV footage from the prison to verify whether the two witnesses had been present in the same room at the time of the alleged incident. However, the judge noted that during the investigation phase, when the investigator sought access to the relevant CCTV recordings, it was reported that the surveillance cameras were inoperable and not functioning at the specific date and time in question.
Additionally, the plaintiff submitted as evidence a collection of social media posts dated between 2022 and 2023, originating from various accounts. These posts were cited in support of allegations contained in the plaintiff’s original complaint, which had been filed in 2022. The introduction of this material raises significant concerns regarding both the temporal relevance and admissibility of the evidence, as the posts were not attributed to Sherwan Sherwani
Furthermore, none of the submitted posts were attributed to Sherwan Sherwani’s verified social media accounts. Given that Sherwani has been in continuous detention since 2021, during which access to social media platforms is prohibited for detainees, the creation or publication of such posts by Sherwani himself would have been virtually impossible. This raises further doubts about the evidentiary value and credibility of the submitted material.
Militarized Courtroom and Prevention of Observation
An estimated 12 to 15 armed security personnel were stationed inside the courthouse, primarily positioned at the entrance to the courtroom. In addition, approximately 8 to 10 armed police officers were present. An undetermined number of plainclothes security forces were also observed mingling among court observers, including family members and colleagues of Sherwan Sherwani. This heavy and visible security presence raises serious concerns about the intimidation of civilians and contributes to the overall militarization of the court environment.
The militarized atmosphere within the courtroom may have been deliberately designed to intimidate the defendant and others in attendance, particularly given the high-profile and politically sensitive nature of Sherwani’s case. Such practices risk infringing upon the defendant’s right to a fair trial, including effective legal representation, and may undermine the principle of judicial impartiality by creating a coercive and hostile environment.
Furthermore, although representatives from NGOs, international agencies, members of parliament, consular officials, and family members of Sherwan Sherwani were present at the courthouse to observe the proceedings, the majority were denied entry into the courtroom. Security forces cited a lack of space as the reason for restricting access. However, the exclusion of these observers raises concerns regarding the transparency of the trial and the public’s right to observe judicial proceedings, particularly in a case of significant public interest.
Agitation and Assaulting of Civilians Outside Courthouse by Security Forces
Given the high public interest in the case, a significant number of journalists, parliamentarians, activists, and family members of Sherwan Sherwani gathered outside the courthouse and engaged in peaceful protest following the announcement of the trial outcome. An undetermined number of plainclothes security personnel were observed mingling within the crowd. These individuals instigated and physically assaulted protesters and parliamentarians, provoking a response that allowed armed security forces to intervene with considerable force to disperse the demonstrators. This raises serious concerns regarding the disproportionate use of force, the right to peaceful assembly, and the deliberate targeting of individuals exercising their rights to free expression and protest.
Statement
CPT Iraqi Kurdistan expresses grave concerns regarding the independence and impartiality of the judiciary, which appears to be used as a tool for intimidation and retaliation against journalists. The ongoing ill-treatment of journalists and activists continues to erode spaces for freedom of speech and expression—fundamental pillars of a democratic society.We call on all human rights institutions, consulates and diplomats, as well as local and international NGOs, to advocate for the dismissal of this unjust trial and ruling.
