The court of Binaslawa in Erbil province of the Kurdistan Region of Iraq KRI sentenced freelance journalist Sherwan Sherwani to four years and five months in prison for the third time in a process surrounded by security forces.
The hearing took place on Tuesday, August 19, following a complaint by a guard officer at Erbil Correctional Institution named Dildar Mahir. Sherwani was accused of threatening to "kill" him in prison.
The court building in BInaslawa, where the hearing occurred, is situated on the road (Kesnazan - Koya).
Dildar Mahir Zuber filed the complaint in 2022, alleging that Sherwani had threatened to “kill” him in prison.
The hearing began with two witnesses taking an oath and testifying in favor of the complainant. However, Sherwani denied all the charges.
Mohammed Abdullah, a volunteer lawyer, pointed out that the two witnesses were both bodyguards of Colonel Dildar Mahir.
Sherwani questioned the credibility of the witnesses, asking why they were not present during the alleged threat and why the officer had brought him books after the conversation, Abdullah said.
After the judge read out the verdict, sentencing Sherwani to four years and five months in prison, chaos ensued. Journalists attempting to film the protest out of the court were attacked by a group of individuals in civilian clothes armed with weapons, described as civil security (Asayish). The attackers beat the journalists and confiscated their mobile phones, even in the presence of parliamentarians.
Local and international media outlets and organizations, advocates and MPs expressed their grave concern that that press freedom is increasingly under threat in the Kurdistan Region of Iraq.
The Iraqi Kurdistan Union of Journalists (KUJ) has reported 62 cases of violations against journalists last year, including 25 cases of obstruction and discrimination.
During the hearing, volunteer lawyers, representatives of the United Nations UN and consulates, parliamentarians, and human rights organizations were present. Outside the court, Sherwan Sherwani's relatives, activists, and journalists awaited the court's decision.
Sherwani was sentenced under Article 229 of the Iraqi Penal Code, which deals with threatening a civil servant. Despite the maximum penalty for such an offense being two to three years, he received a sentence of four years and five months, raising questions about the fairness of the trial process.
Sherwani was arrested in 2020 and convicted guilty of disturbing national security of KRI by Erbil criminal court on February 16, 2021, sentenced for six years in prison along with four other freelance reporters and civic activists among over 80 detainees of Badinan (Duhok province).
Subsequently, on July 20, 2023, the Erbil court sentenced him to an additional four years in prison for "fraud," which was later reduced to two years on appeal.
However, under the effective Iraqi law, he had the right to apply for parole after serving three-quarters of his sentence.
On June 20th, Erbil’s Court of Appeal upheld the six-year prison sentences of freelance journalists Sherwan Amin Sherwani and Guhdar Zebari, and three civic activists Ayaz Karam, Hariwan Essa and Shivan Sa'id for allegedly violating national security laws, and convicted of "spying for foreign countries and attempting a coup."
Originally set to be released in September year after serving his sentence, the third case was filed against him.
The Iraqi Kurdistan team of the Community Peacemaker Teams CPT reported several violations during the hearing, including lawyers not being allowed to see the full investigation documents and submit requests. Additionally, the court building was heavily guarded, with security forces among Sherwan's family and colleagues.
Sherwani requested video evidence of the incident, but none was provided as the surveillance cameras did not record the videos. Social media posts were presented as evidence, but the videos were released while Sherwani was already in prison.
