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UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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Legal personnel working on “cases involving organized crime, corruption, terrorism and<br />

militia–sponsored armed activities” are particularly at risk. 637 Reportedly, members of the<br />

Iraqi judiciary are trying to avoid “sensitive” cases, including through resignation or<br />

transfer to other posts. While most cases are reported from Baghdad, violence has also<br />

affected court functions in the Governorates of Diyala, Babel, Kerbala and Wassit. 638<br />

Other legal personnel have been persecuted for their (perceived) support of the Iraqi<br />

Government and its institutions. 639 For example, senior judge Qais Hashim Shameri and his<br />

driver were killed by gunmen in January 2005. Jaish Ansar Al-Sunna claimed responsibility<br />

in a Web posting, calling the judge “one of the heads of infidelity and apostasy of the new<br />

Iraqi government.” 640<br />

Out of fear of being targeted by religious extremists, lawyers reportedly do not want to get<br />

engaged in cases involving sensitive family matters such as “honour killings”, inheritance<br />

issues or child custody. 641 The Iraqi Lawyers Association (ILA) said in August 2006, that<br />

“38 lawyers have been murdered and hundreds attacked for defending cases which their<br />

enemies say are “against Islam”.” For example, Ali Al-Nassiri, a Baghdad lawyer<br />

specialized in divorce cases, was killed by a bomb that exploded in front of his house in<br />

June 2006. Reportedly, he was known for fighting for the rights of mothers to obtain<br />

custody of their children, which brought him in conflict with the fathers, who are<br />

traditionally given custody in cases of divorce. 642<br />

Currently, sufficient protection mechanisms for legal personnel are nonexistent and a high<br />

number of judges, lawyers and other legal professionals have been threatened, kidnapped<br />

and killed. 643 It was reported in August 2006 that at least 120 lawyers had left Iraq since<br />

January 2006. 644<br />

6. Athletes and Sport Officials<br />

Athletes and sports officials have increasingly become targets of threats, kidnappings and<br />

assassinations. 645 The reasons behind the attacks appear mixed. Some have been targeted as<br />

part of an ongoing campaign against well-known figures so as to instil fear among the<br />

637 UNAMI HRO, June 2006 Human Rights Report, p. 5, see above footnote 27.<br />

638 US Department of Defense, p. 8, see above footnote 73; UNAMI HRO, April 2006 Human Rights Report,<br />

p. 10, see above footnote 74.<br />

639 See also “Government Officials and Other Persons Associated With the Current Iraqi Government,<br />

Administration and Institutions”.<br />

640 AP, Video shows American hostage; judge killed in clashes, 26 January 2005, http://www.usatoday.com/<br />

news/world/iraq/2005-01-25-voter-safety_x.htm.<br />

641 UNAMI HRO, August 2006 Human Rights Report, p. 7, see above footnote 26.<br />

642 IRIN, Iraq: Lawyers killed for defending cases “against Islam”, 16 August 2006,<br />

http://www.irinnews.org/report.aspx?reportid=60380. See also “Women”.<br />

643 See for a (non-comprehensive) list of attacks on judicial personnel: “Annex VII: Attacks on Judicial<br />

Personnel”.<br />

644 UNAMI HRO, August 2006 Human Rights Report, p. 7, see above footnote 26.<br />

645 See for a (non-comprehensive) list of attacks on athletes and sports officials: “Annex VIII: Attacks on<br />

Athletes and Sports Officials”.<br />

120

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