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Kurdistan
A nephew of Badal Barwari holds up a photo of his jailed uncle outside of the Erbil criminal courthouse on Thursday, July 29, 2021. Photo: Dilan Sirwan/ Rudaw
ERBIL, Kurdistan Region — Chants demanding freedom filled Erbil’s criminal courthouse ahead of Thursday morning’s brief resumption of the controversial trial of two Duhok detainees. Many gathered at the long-anticipated session, however, were disappointed after the session ended with an adjournment to the fall for the detainees already held for 11 months.
The trial of Duhok teacher and activist Badal Barwari and journalist Omed Baroshki is now set to resume on September 30, their lawyer Bashdar Hassan told Rudaw English outside the courtroom.
The two men, as well as five other activists and journalists who were convicted in February on charges of “endangering national security,” have been held by security forces since summer 2020 after anti-government protests over unpaid wages. Family members say they did not expect yet another adjournment of the trial, which they were not able to attend due to it being a closed hearing.
“It has been 11 months since they have been arrested and the hearing is always being delayed,” Barwari’s brother Abubakir told Rudaw English.
Thursday’s session took almost two hours during which the convicted activists and journalists Sherwan Sherwani, Shvan Saeed, Ayaz Karam, Hariwan Issa, and Guhdar Zebari were brought in to testify. The men, whose conviction garnered international condemnations for its alleged violation of freedoms, were greeted with chants of freedom from the large crowd.
The chanting continued for long enough that lawyers came out of the courtroom along with New Generation MP Muzhda Mahmood, asking people to quiet down and not delay the court’s procedures.
“The hearing was good. It was adjourned but everyone testified in their favor,” Gorran MP Ali Hama Saleh told Rudaw English, referring to the accused. “There was an anonymous witness that did not want to be named, and there are other witnesses who were not able to attend.”
The detainees’ lawyer also voiced optimism following what he describes as testimonies being in favour of the defendants.
“The trial was adjourned to September 30, because three witnesses who were necessary to the case were not brought to the court as they are in a Duhok prison,” Hassan told Rudaw English. “The testimonies were all good and in favor of Badal Barwari and Omed Baroshki. Hopefully after the next session, the hearing will be over.”
Erbil’s appellate court late last month upheld a six year sentence for the other five men.
Despite some optimism for the men’s release, a rights group has expressed their concern over the current health of the detainees.
“We are very concerned about their condition as we have known about Badal and Omed before. They have lost weight since we last saw them,” Christian Peacemaker Teams (CPT) Christopher Lee told Rudaw English.
The CPT also raised concern over the detainees not being able to meet with their lawyers saying that Baroshki’s last statement before walking out of court was that he still has not been allowed to see his lawyer. According to them, Barwari had only met his lawyer last month for ten minutes along with family members, and they were not allowed to discuss the case.
Baroshki’s inability to see his lawyer comes as he was separately sentenced to a year in prison last month and fined 240,000 Iraqi dinars (roughly $162) for violating administrative rulings following a lawsuit from the Duhok governor’s office and police.
The Committee to Protect Journalists (CPJ) at the time slammed the sentencing saying that with the ruling, “Kurdish authorities in northern Iraq have again displayed their unhindered determination to shrink the space in which local journalists and media outlets are able to operate freely.”
The Kurdistan Regional Government (KRG) has defended its record on freedom of the press and rule of law. In a statement on Thursday, the KRG's office for international advocacy said the government has invited diplomatic missions to assist with judicial reforms. "The KRG is fully committed to the rule of law and to a fair and impartial legal process, and freedom of expression is a priority to its governance practices," read the statement, which was issued in reaction to criticism over the trial of another journalist, Qaraman Shukri.
Barwari’s son told Rudaw English on Thursday that the adjournment of the case was unexpected.
“We were not expecting the adjournment, we were expecting the case to be closed today,” Ari Barwari said. “Gladly every one of the witnesses testified in their favor and said that previous confessions by them were forced under duress.”
With the case delayed yet another two months, the one wish of Barwari’s son is a free and fair trial.
“We ask that there be a fair trial this time. We ask that they be released for they have not committed any crime, especially my father, whose only demand has always been his rights and a full salary along with every other teacher,” he said.
Updated at 4:44pm
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