Members of the Kurdistan parliament, political parties, and the German foreign ministry have raised concerns about how the trial was conducted and allegations of torture in the case of Sherwan Sherwani, Shvan Saeed, Ayaz Karam, Hariwan Issa, and Guhdar Zebari, who were found guilty in February of "endangering the national security of the Kurdistan Region" and sentenced to six years in jail.
An appeal court has now upheld the lower court's ruling, saying the men had intended to "target sensitive areas and establishments in the Kurdistan Region… They had also contacted the American consulate and German consulate and took money from them. They also contacted the PKK [Kurdistan Workers' Party]."
Germany called on Kurdistan Region President Nechirvan Barzani to use his power to grant the detainees an amnesty.
"Without any clear proof for a punishable crime having been presented to the court, the decision remains questionable. Already, credible observers have noted that the first verdict suffered from grave deficiencies with a view to due process and the rule of law. For example, lawyers did not have sufficient access to their clients in preparations and during course trial," read a statement from the German Foreign Ministry on Thursday.
The German ministry also expressed concerns the men confessed under threat of torture.
Twenty-nine members of the Kurdistan Region's parliament requested the court cancel its decision, citing several deficiencies in court procedures and noting that foreign consulates meet with hundreds of activists and officials, including the security forces. Germany and the US are working with the government on an ambitious Peshmerga reform program.
Gorran described the court ruling as “dangerous” and said it could damage relations with Germany and the US. Gorran said they raised this case in a recent meeting with Barzani, telling him that freedom of the press must be respected and “this case must be based on justice.”
The US declined to comment on the specific case, but said it expects the Kurdistan Regional Government to “respect the work” of its diplomatic staff.
The co-president of the Patriotic Union of Kurdistan, Lahur Talabani, has also called on Barzani to intervene.
After the sentencing in February, Barzani said he was watching the case, asking the court to "review the case, relying on and respecting the law, human rights, and the legal rights of the defendant and the plaintiff so that everyone feels that their rights are protected."
