Expressing deep concern over the surge in the arrests of citizens in Kurdistan in recent months, and particularly in recent weeks, the Hana Human Rights Organization declares that, based on information and reports received from local sources, families, and eyewitnesses, a number of these arrests have been carried out without the presentation of a judicial warrant. In some instances, they have been accompanied by security forces raiding private residences or arresting individuals in public places.
According to available information, in many cases following the arrests, responsible authorities have refrained from providing any official information regarding the whereabouts, the reasons for detention, the presiding judicial authority, or the legal status of the detainees. The continuation of this situation has raised serious concerns regarding the violation of the right to be informed of one’s detention status, the denial of access to legal counsel, and the restriction of contact with family members.
In accordance with Article 9 of the International Covenant on Civil and Political Rights (ICCPR), no one shall be subjected to arbitrary arrest or detention, and anyone who is arrested shall be informed, at the time of arrest, of the reasons for their arrest. Furthermore, as per Article 14 of the same Covenant, the right to a fair trial, access to legal counsel, and the ability to mount an effective defense are considered fundamental rights of any accused person.
Additionally, based on the “Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment” adopted by the UN General Assembly, responsible authorities are obligated to provide information regarding the whereabouts, legal status, and the ability of detainees to contact their families and lawyers without delay.
Some of the received reports also indicate that among the detainees are elderly individuals and persons suffering from physical illnesses who require medical care. However, to date, no transparent information has been released regarding their health status, conditions of detention, or their access to medical services and medication. Depriving sick detainees of medical care can be considered a violation of state obligations under the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).
Moreover, the continued lack of information provided to families regarding the fate and whereabouts of some detainees has exacerbated concerns over the risks of arbitrary detention, holding individuals in undisclosed locations, and the violation of the principle prohibiting enforced disappearances. Such practices are contrary to the international obligations of states to protect the right to liberty, personal security, and human dignity.
While emphasizing the imperative for responsible institutions to fully adhere to their legal and international obligations, the Hana Human Rights Organization calls for the following immediate actions:
1. Official, immediate, and transparent disclosure of the identities, whereabouts, and status of all detainees.
2. Immediate notification to families and their legal counsel regarding the legal grounds and documentation for the arrests.
3. Guaranteed immediate and unhindered access for detainees to a lawyer of their choosing, independent legal services, and contact with their families.
4. Full observance of the principles of a fair trial and the guarantee of the detainees’ defense rights in accordance with international human rights standards.
5. Urgent and specialized attention to the health condition of sick individuals, the elderly, and other persons requiring medical care.
6. Guaranteed access for detainees to appropriate medical treatment, medication, and healthcare.
7. Cessation of continued arbitrary arrests and full compliance with obligations arising from international human rights law.
The Hana Human Rights Organization emphasizes that the continuation of such a trend constitutes a violation of international human rights obligations and exacerbates concerns regarding the rule of law, judicial transparency, and the guarantee of citizens’ fundamental rights. Therefore, it is imperative that the responsible institutions take prompt action to clarify the status of the detainees, respect their legal rights, and provide accountability to the public and the affected families.