Duhok journalists’ cases sent back to appeals court for second review: lawyer

ERBIL, Kurdistan Region — Lawyers have sent back to court the dossiers of detained journalists and activists from Duhok, one of the attorneys said on Monday, four months after the defendants were found guilty and one month after an appeals court upheld the sentences.

“The dossiers were sent back to an appeals court for a decision on Thursday (June 3),” Darbaz Wsw, one of the lawyers working on the case said in a press conference. 

“In the application we reiterated there was no justice practiced in their cases, so we have called on the court to review their dossiers in a more detailed, legal and scientific way, to issue a more accurate decision,” Wsw added.

He explained they are seeking an appeal to the defendants’ cases from not just the criminal court but from other branches.

The lawyer stated their application will be looked into and the head of the judiciary will decide if the dossier will be sent for a review. “So far our application hasn’t been reviewed for a decision,” he noted.

In February, seven journalists and activists were put on trial for “endangering the national security of the Kurdistan Region.” Five of the defendants - Sherwan Sherwani, Shvan Saeed, Ayaz Karam, Hariwan Issa, and Guhdar Zebari – were found guilty and sentenced to six years in jail.  The court’s ruling caused outrage in the Kurdistan Region and abroad. 

Erbil's appeals court has upheld the ruling on May 6 partly on the basis of them being in contact with and receiving money from western diplomatic missions. 

Lawyers of detained journalists and activists in Duhok sent a letter to the judicial council on May 20, calling for an appeal to their clients’ cases, as they gathered in front of the judiciary. 

The case of the group of men has drawn local and international criticism. Members of the Kurdistan Region Parliament said journalists and activists in an Erbil jail have been subjected to “human rights violations,” denied access to their lawyers and families, and are living in cramped conditions. 

Wsw said they have not had contact with their clients since the clients were sentenced, adding they were unaware about their heath situation. 

This appeal will be the last legal straw for their cases if it’s not accepted, “if there is a chance left is that the Kurdistan Region’s president issues a special amnesty for those five journalists and activists. We as lawyers are assertive that the mistake the judicial system made should be corrected by the judicial system themselves.”

The Kurdistan Regional Government (KRG) has come under fire from local and international rights groups for the arrests and sentencing by international bodies, including Amnesty International, Committee to Protect Journalists (CPJ) and Human Rights Watch.

The Kurdistan Region Judicial Council defended the court, saying the trial was “open and transparent.” 

Kurdistan Region President Nechirvan Barzani said the appeals court must review the case “relying on and respecting law, human rights, and the legal rights of the defendant and the plaintiff.”

“The KRG is a regional exemplar and steadfast supporter of freedom of expression,” Prime Minister Masrour Barzani said in a meeting with the head of a local press advocacy group. 

He had previously claimed that the detainees were “spies” and saboteurs plotting terror attacks against foreign missions, abductions and assassinations.