Document #1195621
IRB – Immigration and Refugee Board of Canada (Author)
The IRBDC does not currently have specific
information on the fate of self-exiled Iraqis who are involuntarily
returned to Iraq. There is reason to believe that many Iraqis who
left the country as a consequence of their political beliefs, may
encounter problems upon return. Several opposition political
parties are prohibited in Iraq, including the al-Da'wa
al-Islamiyya, the Iraq Communist Party (ICP), the Kurdistan
Democratic Party (KDP), the Patriotic Union of Kurdistan (PUK), the
Kurdistan Socialist Party - Iraq (KSP-I), and the Kurdistan Popular
Democratic Party (KPDP). [ Amnesty International, Report
1988, (London: Amnesty International Publications, 1988), p.
236.] Numerous members of the parties have been imprisoned or
executed, and the authorities have sometimes imprisoned relatives
when suspects have not been found. [ Ibid.] Please refer to the
Amnesty International document "Iraq: The Death Penalty" (AI Index:
MDE 14/01/89) for a description of some of the capital offenses
(for example, membership or affiliation to al-Da'wa al-Islamiyya is
punishable by death).
Persons in danger of potential/possible
imprisonment include:
1) anyone with a family relation in jail
(for example, see the Amnesty International Canadian
Bulletin article, "29 Executed Say Reports", which discusses
the detention of 90 members of the Hakim family). One Amnesty
International report entitled, "Iraq: Children: Innocent Victims of
Political Repression" (AI Index: MDE 14/04/89, February 1989) lists
the names of 315 "disappeared" children of the Barzani clan, and
provides information on the arbitrary arrests, detention, and
torture of children who are relatives of people sought by the
authorities.
2) anyone associated with one of the
aforementioned political groups (PUK, KDP, al-Da'wa al-Islamiyya,
etc.;
3) anyone who has criticized the Iraqi
government, at home or abroad. [18 October 1989. David Korn, author
of a Middle East Watch document, to be released in December, which
details the human rights situation in the State of Iraq.]
During a discussion regarding the
consequences of return with David Korn, an author on the human
rights situation in Iraq, he mentioned an incident involving the
forcible return (by the Iraqi Embassy) of some Iraqi students
studying in Egypt. He observed that, according to his sources, the
students disappeared subsequent to their return to Iraq.
In its Country Reports for 1988, the
U.S. Department of State contends that some Iraqis, particularly
Assyrian Christians accepted as refugees abroad, have returned to
Iraq on temporary visits and have been free to enter and exit the
country repeatedly. [ U.S. Department of State, Country Reports
on Human Rights Practices for 1988, (Washington: U.S.
Government Printing Office, February 1989), pp. 1360-1361.] It
adds, however, that those who departed after the Iran-Iraq war
began are unable to leave Iraq once they return. Another source,
Documentation Refugiés, indicates that the political
conditions and divisions between the Iraqi government and the
opposition may force some repatriates to forego their political
activities, or that the possibility of return to Iraq is quite
limited. ["Les Refugiés Irakiens Dans le Monde",
Documentation Refugiés, supplement au No. 55, 6/15
Novembre 1988, p. 6.] A reportcarried in the Toronto Star on
26 March 1989 quotes British human rights workers in their charges
that the Iraqi regime continues to torture, summarily execute, and
unlawfully detain perceived opponents. [Harvey Morris, "Iraq regime
still tortures opponents, experts say", Toronto Star, 26
March 1989.] Persons suspected of desertion or draft evasion might
face harsh penalties upon return. For example, in February 1985,
the government of Iraq acknowledged the execution of some army
deserters stating: "desertion from military service during wartime
is a crime dangerous to the security and well-being of a country
and is punishable by death..." [ Amnesty International, Annual
Report 1986, (London: Amnesty International Publications), p.
330.]
Amnesties for Iraqi exiles have been
announced by the Iraqi leadership over the past couple of years.
The first, on 2 December 1987, was an amnesty granted to all Iraqis
living abroad who were convicted or suspected of criminal offenses,
including those sentenced to death. [ Keesing's Record of World
Events, Volume XXXIV, p. 35862.] However, in a November 1988
proclamation of amnesty for political offenders, President Saddam
Hussein did not appear to offer specific guarantees to amnesty
seekers, stating: "I cannot say that we respect human rights as we
wish to in Iraq because there are some authorities who need to
change their way of thinking to reflect the post-war situation." [
Alan George, "Saddam rules, OK", The Middle East, March
1989, p. 20.] At the time of writing its Report 1988,
Amnesty International was unaware of any persons who had taken
advantage of the amnesty. [ Report 1988, p. 236.] In a March
1989 document, Amnesty International notes that "Army deserters had
not benefited from several amnesties announced by the Iraqi
Government in the latter half of 1988 following the announcement of
a ceasefire in the Iran-Iraq conflict in July 1988." [Amnesty
International, "Iraq: Arrest and execution of army deserters,
military personnel and Ba'ath Party Officials", AI Index: MDE
14/05/89, 6 March 1989.] This report mentions the execution of 83
people in mid-December, many of whom were army deserters, and the
execution of an additional 14 persons in January 1989, who were
arrested on suspicion of plotting a coup.