UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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Persons affiliated or associated with the former Government in Iraq, through membership in the Ba’ath Party or as a result of their functions or profession, have been the subject of attacks since the early days of the regime change and continue to face serious risk of human rights violations. The degree to which these persons are at risk depends on several factors, such as the extent of association with the Ba’athist ideology and the human rights violations committed during that era, the rank or position previously held, and whether or not the person is known to have been involved in political activities. Senior level of affiliation or rank within the Ba’ath Party or the country’s political or security system may be a determining factor regarding who is targeted. Low-ranking officials have, however, also been killed or otherwise attacked because their activities were well-known 506 at neighbourhood level, e.g. they were involved in policing activities, the search for army deserters or the recruitment for paramilitary armed groups such as Jaish Al-Quds (The Jerusalem Army), the Fedayeen Saddam (Saddam’s “Men of Sacrifice”) and the Ashbal Saddam (Saddam’s Lion Cubs). In addition, a number of low-level bureaucrats such as teachers and professors have been killed. 507 Some bodies that were found were clearly identified (with notes on them) as Ba’ath Party members. 508 Former members of the Ba’ath Party and the country’s political and security institutions may face harassment, intimidation and physical violence, including assassination. 509 Reportedly, “hit-lists” have been established by Shi’ite militias from Ba’ath Party membership lists and documents looted from buildings of the former security and intelligence agencies after the fall of the former regime. Former officials are accused of having engaged in broad-based discrimination and widespread terror, suppressing freedom of conscience, and condoning summary and arbitrary executions, torture, rape and sexual abuse during detention and enforced or involuntary disappearances. Despite a number of fatwas issued by Shi’ite clerics, including Grand Ayatollah Ali Al- Sistani, not to carry out acts of revenge against Ba’ath party members or security officers of the former Government, a wave of killings took place after the fall of the former regime. 510 506 See also: See UNHCR, 2005 Eligibility Guidelines, para. 48, see above footnote 8. 507 See also “Academics, Professors, Teachers and Students”. 508 Romesh Ratnesar, Vengeance Has its Day, Time Magazine, 22 November 2003, http://www.time.com/ time/magazine/article/0,9171,548790,00.html; Anna Badkhen, Gunmen stalk Hussein party members, San Francisco Chronicle, 21 September 2003, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/09/21/ MN81296.DTL. 509 For a list of cases involving the (attempted) killing of former Ba’ath Party officials and other persons considered to be affiliated with the former regime of Saddam Hussein, see “Annex IV: Attacks on Government Officials and Other Persons Associated With the Current Iraqi Government, Administration and Institutions”. 510 AI, Iraq – The need for security, 4 July 2003, MDE 14/143/2003, p. 5-6, http://web.amnesty.org/library/ pdf/MDE141432003ENGLISH/$File/MDE1414303.pdf; Scott Wilson, Iraqis Killing Former Baath Party Members, The Washington Post, 20 May 2003, http://www.washingtonpost.com/ac2/wp-dyn/A12583- 2003May19. See also: Dumeetha Luthra, Basra revenge killings increase, BBC News, 9 December 2003, http://news.bbc.co.uk/2/hi/middle_east/3303051.stm; Ratnesar, see above footnote 508; Joel Brinkley, Revenge killings thin ex-Baathists’ ranks, The New York Times, 1 November 2003, http://www.sfgate.com/ cgi-bin/article.cgi?f=/c/a/2003/11/01/MNGPP2O72B1.DTL; Anna Badkhen, Gunmen stalk Hussein party members, San Francisco Chronicle, 21 September 2003, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/ 2003/09/21/MN81296.DTL. 100
It has been documented that attacks against former Ba’athists have increased since the elections in 2005, when Shi’ite parties came to power. Reportedly, Shi’ite militants distributed printed death threats listing former Ba’athists, both Sunnis and Shi’ites. 511 Special Police Commandoes under the control of the Ministry of Interior and affiliated Shi’ite militias have since been accused of systematic abduction, torture and extra-judicial killings of Sunni Arabs. While UNHCR reported in its 2005 Eligibility Guidelines that the “victim’s religious affiliation (whether Sunni or Shi’a) does not appear to play a role in why particular individuals are singled out”, 512 it is now clear that the Sunni population at large is identified with the former regime and the ongoing insurgency. 513 Other groups perceived as having supported or received preferential treatment by the former regime have also been targeted by Shi’ite militias, e.g. the Roma (Kawliyah), 514 Palestinians or professors, teachers, artists, etc., whose careers were (seemingly) advanced by membership in the Ba’ath Party. 515 Other attacks also appear to be the result of personal revenge of former victims or their families against perpetrators of detention, torture or other violations of human rights. The lack of accountability for crimes committed under the previous regime is considered a factor encouraging people to take the law into their own hands and take revenge. Except for the Dujail case 516 and the Anfal case 517 before the Iraqi High Tribunal, which was set up 511 Hannah Allam, Revenge killings of members of Saddam’s former regime rise, Knight Ridder Newspaper, 25 February 2005, http://www.mcclatchydc.com/staff/hannah_allam/story/11164.html. 512 UNHCR, 2005 Eligibility Guidelines, para. 51, see above footnote 8. 513 See “Sunni Arabs”. 514 See “Roma (Kawliyah)460F”. 515 See “Certain Professions”. 516 The following eight defendants were tried in the Dujail case (ranging in levels of seniority): former President Saddam Hussein; his half-brother and former chief of the intelligence service, Barzan Al-Tikriti; former Deputy Prime Minister, and later Vice-President and head of the Ba’ath Popular Army, Taha Yassin Ramadan; President of the Revolutionary Court, Awwad Hamed Al-Bandar; Abdullah Kadhem Ruaid and Mizhar Abdullah Ruaid, senior Ba’ath Party officials in Dujail; Ali Daeem Ali and Mohammed Azawi Ali, both Ba’ath party officials in Dujail. The defendants were charged with crimes against humanity for their involvement in the killing of Shi’a Muslims in the town of Dujail in 1982, including the murder of a total of 157 people, the illegal arrest of 399 people, torturing women and children and the destruction of farmland. On 5 November 2006, the Iraqi High Tribunal found Saddam Hussein and Barzan Al-Tikriti guilty of wilful killing, torture, deportation/forcible transfer, imprisonment, and other inhumane acts. The two were sentenced to death and multiple terms of imprisonment. Awwad Hamed Al-Bandar was found guilty of wilful killing and sentenced to death. Saddam Hussein, Barzan Al-Tikriti and Awwad Hamed Al-Bandar were executed in December 2006 and January 2007, respectively. Taha Yasin Ramadan was found guilty of wilful killing, deportation, torture, imprisonment, and other inhumane acts. He was sentenced to life imprisonment and multiple jail terms, but on 12 February 2007, the Iraqi High Tribunal sentenced him to death after the appeal court had recommended the death penalty. As each death sentence of the Trial Chamber of the Iraqi High Tribunal is automatically reviewed by an appeals panel, the Appeal Chamber confirmed the death penalty and Taha Yassin Ramadan was executed on 20 March 2007. Abdullah Kadhem Ruaid and Ali Daeem Ali were both found guilty of wilful killing, torture and imprisonment. They were sentenced to 15 years imprisonment plus multiple other jail terms. Mizhar Abdullah Ruaid was convicted of the same charges and penalties. Charges against Mohammed Azawi Ali were dismissed for lack of evidence. See, for example, BBC News, Saddam trial: Verdicts in detail, 5 November 2006, http://news.bbc.co.uk/2/hi/middle_east/6118302.stm; ibidem, Top Saddam aide sentenced to hang, 12 February 2007, http://news.bbc.co.uk/2/hi/middle_east/ 6354205.stm; International Center for Transitional Justice, Iraq Tribunal Issues Verdict in First Hussein Trial, 5 November 2006, http://www.ictj.org/en/news/press/release/1041.html. 101
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UNHCR’s ELIGIBILITY GUIDELINES FO
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iii) Current Situation ............
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a) Overall Situation ..............
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IOM International Organization for
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EXECUTIVE SUMMARY A. Current Situat
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and gatherings, Shi’ite religious
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Government Officials and Other Pers
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Iraqi Asylum-Seekers From Central a
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considered to be well-founded. To t
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affiliated with criminal groups. In
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expand on the legal and policy guid
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The general chaos following the inv
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countries. While a good part of the
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evenues. 41 An understanding of var
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Article 140 of the Constitution cal
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the Middle East in terms of women
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epealed the CPA’s decision to sus
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The Iraqi judiciary continues to be
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Several groups, including the Mujah
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Al-Sunna. In addition, members of t
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dominated Special Police Commando u
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military commander in Iraq, General
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IV. PARTICULAR GROUPS AT RISK A. Re
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Page 57 and 58: Ninewa Plains in particular have be
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Page 63 and 64: an international court. 261 Several
Page 65 and 66: The alleged main perpetrators of at
Page 67 and 68: In the current climate of religious
Page 69 and 70: prohibition to kill, lie, commit ad
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Page 85 and 86: KRG. Mr. Falak Al-Deen Kakai, senio
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Page 89 and 90: government offices, 441 and changin
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Page 103 and 104: een killed in Iraq and another 491
Page 105 and 106: Acts committed against employees or
Page 107 and 108: E. Government Officials and Other P
Page 109 and 110: 3. Persons Opposing the Ruling Part
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Page 117 and 118: 3. Artists Iraqi artists, actors an
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Page 125 and 126: International Covenant on Civil and
Page 127 and 128: evidence that over forty people had
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Page 131 and 132: V. ELIGIBILITY FOR INTERNATIONAL PR
Page 133 and 134: those countries, even only on a tem
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Page 137 and 138: cause. 733 More than one Convention
Page 139 and 140: C. Exclusion From International Ref
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D. Internal Flight or Relocation Al
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Travel by Road Road travel in Iraq,
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with armed conflict between the MNF
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egulations regarding entry and resi
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It has been reported that new IDPs,
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Interior and Finance. While the Min
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and generally describe the three No
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In order to access the three Northe
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Governorate of Sulaymaniyah Persons
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v. Risk of Persecution or Other Ser
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In addition, non-Kurdish persons, p
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Conclusion Availability of an inter
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to flee Iraq have done so illegally
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explosives blew up. Two people were
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• On 2 July 2003, an armed assaul
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• 18 September 2006: Gunmen kille
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• 17 December 2003: An angry mob
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Annex IV: Attacks on Government Off
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• 2 May 2006: A suicide car bombe
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• 5 December 2006: Dr. Mohammed H
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Annex VI: Attacks on Doctors and Ot
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• 1 July - 31 August 2006: Accord
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Annex VIII: Attacks on Athletes and
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Annex IX: Attacks on Palestinian Re
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Palestinian family fled the hospita
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Annex X: Selected Bibliography Note
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IWPR, Baghdad Gays Fear for Their L
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Senanayake, Sumedha, Iraq: Ethnic T
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W Wilson, Scott, Iraqis Killing For
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