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Resolution adopted unanimously by the IPU Governing Council at its 184th session
(Addis Ababa, 10 April 2009)

The Governing Council of the Inter-Parliamentary Union,

Having before it the case of Mr. Mohammed Al-Dainy, a member of the Council of Representatives of Iraq, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians following the Procedure for the treatment by the Inter-Parliamentary Union of communications concerning violations of the human rights of members of parliament,

Taking note of the report of the Committee on the Human Rights of Parliamentarians, which contains a detailed outline of the case (CL/184/12(b)-R.1.),

Taking note of the hearing the Committee held with a member of the Iraqi delegation to the 120th Assembly,

Considering the following information:

  • Mr. Al-Dainy, a member of the National Dialogue Front, was elected in March 2006 to the Council of Representatives; as a member of parliament, he concentrated on human rights and more particularly investigating conditions of detention in Iraq and secret detention facilities and was able to gather a wealth of information, which he shared with the media and international organizations; in October 2008, he was invited to Geneva to meet and inform United Nations human rights bodies and other human rights organizations about the human rights situation in Iraq, and he intended to establish a local human rights organization in cooperation with United Nations human rights mechanisms; according to the information provided by the Iraqi delegate, Mr. Al-Dainy disagrees with government policies, is working for the old regime and has links with Al-Qaida;

  • On 22 February 2009, at a press conference, Major General Qassem Atta, spokesperson for Baghdad's military security command, accused Mr. Al-Dainy of masterminding the 12 April 2007 suicide bombing of the parliament; the accusation is reportedly based on a video “confession” of Mr. Al-Dainy's nephew and bodyguard, Riad Ibrahim Al-Dainy, and of the head of his security detail, Mr. Alaa Khairalla Al-Maliki, both of whom were arrested by government forces in January and February 2009; Mr. Al-Dainy has strongly refuted the accusation, affirming that the “confessions” were obtained under torture, are fabrications and are linked to his criticism of the treatment of prisoners and detainees in Iraq; according to the information supplied by the Iraqi delegate, Mr. Al-Dainy is accused not only of the suicide bombing but also of  other acts of terrorism;

  • On 23 February 2009, the media announced that the Baghdad military security command had sent a request to the judicial authorities for the lifting of Mr. Al-Dainy's parliamentary immunity. Military spokesman Qassim Moussavi stated that the authorities were waiting for the courts to issue an arrest warrant for Mr. Al-Dainy; according to the Iraqi delegate, a gentleman's agreement was reached with Mr. Al-Dainy that he would not leave the country pending the proceedings against him;

  • On 25 February 2009, Mr. Al-Dainy was flying to Amman together with four other Iraqi members of parliament (Maysoon Al-Damlouji, Ahmed Radi, Ali Al-Sajri, Assaad Al-Issaoui); the plane was turned back 30 minutes after take-off and Mr. Al-Dainy was ordered by a security officer to disembark; he left the plane with two of the members of parliament on board, including Mr. Al-Sajri; when Mr. Al-Dainy and his colleagues asked to see the security officer's warrant, he reportedly replied that he was acting under orders from Prime Minister Maliki which had been given to the Federal Prosecutor; according to those orders, Mr. Al-Dainy was banned from travelling and a warrant for his arrest was to be issued; however, when the security officer was unable to produce those orders, Mr. Al-Dainy was handed back his passport and he left the airport with his two colleagues; according to the Iraqi delegate, he was not arrested because his immunity had not yet been lifted;

  • Mr. Al-Dainy's immunity was lifted the same day in an emergency session of parliament the last day before the vacation; according to the Iraqi delegate, the vast majority voted in favour, even parliamentarians from his own parliamentary group, although apparently no documentation was made available to parliament; he did not know whether the immunity was lifted before or after Mr. Al-Dainy had left for Jordan;

  • According to the source, approximately 5 km into the journey from the airport and just before a government checkpoint, fearing for his life, Mr. Al-Dainy exited the car on the main road in an area which, according to the source, is under government control; he reportedly told Mr. Al-Sajri "if they take me, they'll kill me"; however, according to the Iraqi delegate, Mr. Al-Dainy made a telephone call and a car promptly arrived and took him away; this happened in an area which was chosen by Mr. Al-Dainy, namely the Abu Ghraib area; the delegate referred in this context to a press conference Mr. Al-Sajri had held shortly afterwards about what had happened; Mr. Al-Deiny has not been seen since then and has had no contact with the family;

  • Given the context and circumstances, the source believes that Mr. Al-Dainy must have been apprehended by government security forces and puts the chances of his being free at virtually nil; however, according to the Iraqi delegate, the Government is not involved in his disappearance and not even members of Mr. Al-Dainy's own group have so accused it; according to the delegate, Mr. Al-Dainy, whose wife and children are living in Jordan, travelled there on a false passport;

  • According to the source, apart from Mr. Al-Dainy's nephew, at least 13 members of Mr. Al-Dainy's staff and family have been arrested, including his 85-year-old grandfather. The Iraqi security forces have reportedly been to the home of all his family members, ransacked their houses and burnt the cars of all relatives and persons close to Mr. Al-Dainy; Mr. Al-Dainy's office was reportedly searched, without a warrant being presented, and ransacked as well; the Iraqi delegate was unaware of all this,
Considering that the 2005 Constitution of Iraq contains a human rights catalogue guaranteeing the following fundamental rights: Article 15: right to life, security and liberty, Article 17 (para. 2): sanctity of the home; homes may not be entered, searched or put in danger except by a judicial decision and in accordance with the law; Article 19 (para. 12): prohibition of unlawful detention and detention in places not designed for it,

Considering that Iraq is a party to the International Covenant on Civil and Political Rights, which it ratified in 1971; that the Covenant guarantees the right to life and security, which entails the prohibition of enforced disappearances, and prohibits arbitrary arrest and detention,

  1. Thanks the Iraqi delegate for the information he provided and for his cooperation;

  2. Is alarmed at the disappearance of Mr. Al-Dainy, particularly since it cannot be ruled out that he has been the victim of an enforced disappearance, a grave human rights violation;

  3. Recalls that the authorities have a duty to protect the life and security of citizens, including members of parliament, and are therefore duty bound to make every effort to ascertain Mr. Al-Dainy's whereabouts; would appreciate information on what steps have been taken to this end and on what initiatives parliament will take or has already taken to monitor the relevant investigation;

  4. Is concerned that parliament lifted Mr. Al-Dainy's immunity in the absence of any documentation and without a proper discussion, and more particularly without Mr. Al-Dainy having been afforded his right to present his defence; would appreciate receiving the comments of the parliamentary authorities in this respect;

  5. Recalls that, whenever a serious torture allegation has been made, the authorities have a duty to conduct an independent investigation; wishes to ascertain any action taken to this end with regard to the alleged torture of Mr. Al-Dainy's nephew and bodyguard;

  6. Wishes to ascertain the precise accusations brought against Mr. Al-Dainy, the evidence adduced to sustain them and to receive a copy of any indictment; would also appreciate more detailed information as to the authority competent to order the return of the aircraft in which Mr. Al-Dainy was travelling 30 minutes after take-off;

  7. Expresses deep concern at the reported arrest of Mr. Al-Dainy's family members and ransacking of their homes; wishes to ascertain any action taken by parliament to inquire into these allegations and to ensure that any family member who is under arbitrary arrest, in particular Mr. Al-Dainy's 85-year-old grandfather, is released immediately and that those responsible for the ransacking are punished;

  8. Requests the Secretary General to convey this resolution to the parliamentary authorities and other competent officials, inviting them to provide the requested information;

  9. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 121st IPU Assembly (October 2009).
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