CCPR/C/118/D/2115/2011
1.2
On 9 November 2011, pursuant to rule 92 of the Committee’s rules of procedure, the
Committee, acting through its Special Rapporteur on new communications and interim
measures, denied the author’s request for interim measures to suspend his deportation to
Iraq.
The facts as submitted by the author
2.1
The author was born in Baghdad and is a Shia Muslim. He claims that he attended
school for 12 years and was a trained electrician. However, he worked as taxi driver and as
a hod carrier for his father, who was a developer. He also served with the armed forces in
the Republican Guard in Kirkuk for three years and two months. He alleges that on 2 March
2010 he became a “member/sympathizer” of Hizb Al-Umma Al-Iraqiya (the Iraqi Nation
Party). The author submits that the Iraqi Nation Party is a Sunni Muslim party that wanted
to improve the situation in the country and promoted equality between ethnic groups in Iraq;
and that its leader had good relations with Western countries, including Israel. This led Shia
Muslims to perceive members of the Party as traitors. The author did not hold any visible
position of political responsibility and his participation in the Party was limited to putting
up about 50 election posters in Al-Huriya district, in the region of Baghdad, on 3 or 4
March 2010, along with two other members of the Party. When putting up the posters, he
was attacked and beaten by seven or eight people; he could not identify the attackers but he
believes that they were political opponents. He was hit with an iron baton on his back and
legs. The author pushed the group leader, who fell backwards. The other members of the
group threatened to kill the author. After fleeing the scene, the author went to the hospital
and then to the police, where he filed a complaint. Although the police registered the
complaint, the author never heard anything from the police about the incident.
2.2
The author claims that he suffered three other attacks by the same group. On 18 or
20 March 2010, a bomb was placed under his car when he was visiting a friend, A.F.K.,
who was an important member of the Iraqi Nation Party. The author claims that when he
returned to his car, he was told that unknown persons had placed an object under his vehicle.
Upon his request, the police came with an explosive expert who deactivated the bomb.
Afterwards, the police only asked him if he had enemies and prepared a report on the
incident, without taking further steps to investigate it.
2.3
On 5 June 2010, the author’s father found a threatening letter that included a
warning to those who collaborated with Jews, Zionists and Israelis. However, the author’s
name was not included in the letter or on the envelope. The author reported it to the police
and to the armed forces (Sixth Regiment). The army kept the letter, informed the author that
an investigation would be conducted and recommended that he stay at home. The author
moved to an uncle’s home and then to his brother’s home and started working as a taxi
driver. However, he quit that job, since he was afraid of being attacked again.
2.4
On an unspecified date, the author moved back to his parents’ home. He submits that
on 4 December 2010, a bomb exploded in front of that home, destroying it. The author, his
mother and his younger brothers were in the house, but no one was killed. The author was
not hurt, one of his mother’s arms was broken and his brothers suffered facial wounds.
Since the house was uninhabitable, the author’s parents moved to the author’s sister’s house.
The author claims that although all the incidents were reported to the authorities, the
authorities did not provide any protection and were not able to identify the aggressors.
2.5
On 7 February 2011, after a time hiding at his uncle’s house, the author travelled to
Turkey on a false passport. He had to leave behind his parents and siblings, who were still
living in Iraq when the communication was submitted to the Committee. Afterwards, the
his comments to the State party’s observations of 11 July 2012 (see paras. 5.2 and 5.3 below).
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