ERBIL, Kurdistan Region - Iraq’s investigation committee has confirmed a set of allegations of torture and extortion against an anti-corruption committee formed during the tenure of former Prime Minister Mustafa al-Kadhimi, in a step aimed at ensuring accountability against the accused.
Iraqis have long been accustomed to senior officers and officials being immune to prosecution even after completing their tenure in office. However, Iraqi Prime Minister Mohammed Shia’ al-Sudani’s endorsement of the report of the Commission of Inquiry into the violations of the Permanent Committee to Investigate Corruption and Significant Crimes, also known as Committee 29, headed by Lieutenant General Ahmed Abu Ragheef, represented a clear message that no one is above the law.
A nine-month investigation by the Washington Post in December concluded that Iraq’s Permanent Committee to Investigate Corruption and Significant Crimes, also known as Committee 29, had used extreme methods of torture, including sexual violence, to extract pre-written confessions from former Iraqi officials and businessmen. The report relied on interviews with several of the detainees, their family members, as well as Iraqi and Western officials.
As a result of the investigation, Prime Minister Sudani ordered the formation of a special committee to investigate the newspaper’s allegations, which was formed one week after the report. The committee worked for six months and met 38 times, hosted several plaintiffs and witnesses, investigated many defendants and addressed the relevant authorities, led by the investigating judge, Counter-Terrorism Service, Ministry of Interior, Iraqi National Intelligence Service, Federal Integrity Commission, and the Iraqi parliament.
According to Abu Ragheef’s confessions, former prime minister Kadhimi was identifying the names of his victims and using the committee to achieve political goals.
Basem al-Awadi, the spokesperson of the Iraqi government, on Wednesday said that the Sudani has approved the committee’s suggestions which include handing over the investigative documents to the judiciary in order to ensure accountability against the accused.
“The committee has recommended that all individuals involved in these violations will be discharged, and strict measures will be implemented to prevent their future eligibility for public office,” said Awadi, also suggesting “administrative punishments” against staff members who did not report the violations.
Led by Ahmed Abu Ragheef, a senior intelligence and investigations officer in the Ministry of Interior, Committee 29 was formed under the directive of Kadhimi in August 2020 to investigative major corruption cases.
Iraq’s Interior Minister Abdul-Amir al-Shammari approved the decision to retire Abu Ragheef, eight officers, and one staff member of Committee 29, based on the findings of the investigative committee, the spokesperson added.
Rivarly and exchange of accusations between Kadhimi’s men
An informed source revealed that Abu Ragheef admitted in his statements that Kadhimi was the one who provided the names of those to be arrested. He also confirmed that “Mustafa al-Kadhimi used the committee to achieve political goals,” adding that some of the members of Committee 29 were in intense competition among themselves, as the head of the committee – Abu Ragheef - slammed the intelligence officer and first confidant of Kadhimi, Dhiaa al-Moussawi, accusing him of extortion, and confiscating the phones of the detainees and copying their content to present to Kadhimi.
Moussawi, however, accused Abu Ragheef of receiving large sums of money from the families of the detainees, especially from the detainee Jamal al-Karbouli and from MP Muthanna al-Samarrai, who negotiated with Abu Ragheef over the funds. The amount was delivered in the Jordanian capital Amman, according to Moussawi.
The source added that some complainants had registered cases against Kadhimi and his chief of staff Raed Juhi. At the same time, Shafaq News Agency on Thursday quoted an informed source as saying that a judicial order was issued to seize the funds of former PM Kadhimi.
Completion of investigations and recommendations
The report of the investigation committee formed by Sudani was detailed and agreed in some parts with what was reported by the Washington Post, especially the allegations regarding torture and extortion by members of the cancelled committee against detainees and their families.
The committee’s recommendations presented a form of relief for those who claimed to have been subjected to oppression at the hands of the “night visitor,” a name given by Iraqis to the head of the abolished committee, Abu Ragheef, and his band.
The recommendations by the investigation committee included referring criminal files to the judiciary to prosecute those who committed torture and extortion. Additionally, it recommended the referral of all those still in service to compulsory retirement, according to the Article 36 of the Internal Security Forces Service and Retirement Law of 2011. It also recommended that they are rendered unable to assume any official positions in the future, as well as an investigation into their wealth.
Contrary to arguments that the committee’s investigation was a matter of settling scores, the investigations into the allegations were carried out entirely under judicial supervision and were based on the testimonies of those who filed complains, even prior to the Washington Post’s investigation.
The investigation committee also concluded that former PM Kadhimi oftentimes utilized the committee for his advantage, such as doing a favor for a political ally. It also said that the members of Committee 29 were mostly working for personal gains, often at the expense of each other.
Corruption remains one of the most prominent challenges facing the Iraqi government, as it is deeply rooted in Iraqi society. In order to efficiently fight corruption, the battle against it must be carried out following the law and through legitimate channels in order to avoid it from being exploited to settle political scores or obtain funds illegally.
Questions remain surrounding Kadhimi’s motivations behind forming Committee 29, headed by Abu Ragheef, which has been criticized as not being competent and is outside the constitutional institutions tasked with fighting corruption.
While the new government followed the context of the constitution to combat corruption and entrusted the tasks to the integrity commission, Farhad Alaaldin, advisor to Sudani for foreign affairs, authored an article published in Asharq Al-Awsat newspaper about the activities of the commission.
“In the past six months alone, 4,518 summons have been issued, including 32 ministers and 160 director generals and higher. Also, 1,702 arrest warrants were issued, among them 93 high-ranking officials. IC officials conducted 495 operations that resulted in 285 arrests of public sector employees. A total of 1,658 cases were referred to the courts,” Alaaldin said.
Moreover, these measures were carried out in line with the Iraqi constitution and the law, which stipulates respect for human rights, including criminals. Fadi al-Shammari, political advisor to the prime minister, said that “the completion of the investigation into this file confirms the commitment of the government of Prime Minister Mohammed Shia’ al-Sudani to address important files, despite the challenges and pressures it faces while adhering to the legal and constitutional contexts.”
A report from the US State Department in April regarding the human rights situation in Iraq in 2022, said that significant violations of human rights in the country included “credible reports of unlawful or arbitrary killings … forced disappearances by the government; torture and cruel, inhuman, and degrading treatment or punishment by the government, harsh and life-threatening prison conditions, arbitrary arrest, and detention.”
In an August 2021 report, the United Nations said that a total of 1,406 complaints of “torture or ill-treatment in places of detention” were reported by the Iraqi Supreme Judicial Council, of which only 18 were closed.
The contents of the investigative committees’ report are the result of a six-month investigation, proving that the corruption that has ravaged Iraq’s resources for years can only be combated through proper legal procedures and strict oversight supported by the constitution and the law, without which the “night visitor” will return under another name to inflict intimidation and extortion without investigative committees or a government that protects citizens and holds people accountable.
