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Iraqi Turkmen Human Rights Research Foundation
"Underestimation of the Turkmen population size in the 1920s during discussions of Mosul Issue in Lozano Negotiations and League of Nations established a base for successive Iraqi governments and now for the USA and Kurds to violate Turkmen Human Rights and marginalize them"
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Annex V

Annex V

MODEL QUESTIONNAIRE TO BE COMPLETED BY PERSONS ALLEGING ARBITRARY ARREST OR DETENTION 7/

 

I. IDENTITY

1. Family name: Najem Ahmad

2. First name: Lokman

3. Sex:  Male

4. Birth date or age (at the time of detention): Born in 1968

5. Nationality/Nationalities: Iraqi

6. (a) Identity document (if any): Iraqi Identity Card

 (b) Issued by: Citizenship directorate - Baghdad

 (c) On (date): 01.09.1985

 (d) No.: 164187
 

7. Profession and/or activity (if believed to be relevant to the arrest/detention):

Political Position: Member of the Mosul office of the Iraqi Turkmen Front
 

8. Address of usual residence:

General Street, the first section, al- Rashidiya – Mosul, Iraq
 

II. Arrest 8/

1. Date of arrest: 09.07. 2007

2. Place of arrest (as detailed as possible):

Khabur, Frontier Post between Iraq and TurkeyZakho, Iraq
 

3. Forces who carried out the arrest or are believed to have carried it out:

Kurdish Security Forces (Asayish)

4. Did they show a warrant or other decision by a public authority?  No

5. Authority who issued the warrant or decision:

N/A
 

6. Relevant legislation applied (if known):

N/A

His trial takes place on 25.10.2007 in the Criminal Court of Duhok, North of Iraq.

 

III. Detention 8/

1. Date of detention: 09.07.2007

2. Duration of detention (if not known, probable duration): N/A.

Mr. Ahmad was first detained in the Kurdish Security Force prison for one month and was, then, transferred to Al-Zarga prison, Duhok, North Iraq. He is still in prison now.

3. Forces holding the detainee under custody: Kurdish Security Forces
 

4. Places of detention (indicate any transfer and present place of detention):

Al-Zarga Prison – Duhok, Iraq

5. Authorities that ordered the detention: Unknown Kurdish Authorities

6. Reasons for the detention imputed by the authorities:

No official documents were given to the prisoner or to his family members.

The following information was received from a first degree relative of Mr. Ahmad: Mr. Ahmad is accused of intelligence activities for Turkey and for the killing of a Kurdish man. This has been said to the family members of Mr. Ahmad by the prosecutor.

The lawyer in charge of the trial has also denied receiving any official documents about the charges indicted on Mr. Ahmad from the authorities.


The accusation for the killing of the Kurdish man relates to an incident during the pillage of the government offices in Al- Rashidiya following the occupation of Iraq in 2003. It is well known that almost all the governmental offices in Iraqi were exposed to robbing and pillage after the occupation of Iraq at 09 April 2003. The buildings were evacuated and burned and the autos were stolen. On 11 April 2003, the governmental offices in al-Rashidiya city were attacked by robbers from outside the city causing resistance from the city’s inhabitants. During the fighting, two Kurdish attackers and two city’s inhabitants (One Turkmen and one Arab) were killed. Mr. Ahmad is accused of killing one of the Kurdish attackers. The family claims that Mr. Ahmad was not in the city on the day of the event.

7. Relevant legislation applied (if known): N/A

IV. Describe the circumstances of the arrest and/or the detention and indicate precise reasons why you consider the arrest or detention to the arbitrary 9/

On 09 July 2007, Mr. Lokman was taking part in the Turkmen delegation attending the conference organized by the Turkmen Scientist Professor Ihsan Doğramacı in Ankara, Turkey. The delegation included representatives from different Turkmen regions in Iraq such as Kerkuk, Mosul and Erbil. After completing the customs procedures, the delegation started to move to cross to Turkey. At that moment, Mr. Ahmad was held back.

 

Mr. Ahmad was arrested by a Kurdish staff just before crossing the border and was sent to the Kurdish security office (Asayish) in Duhok without any official reason given to him.

V. Indicate internal steps, including domestic remedies, taken especially with the legal and administrative authorities, particularly for the purpose of establishing the detention and, as appropriate, their results or the reasons why such steps or remedies were ineffective or why they were not taken
N/A

VI. Full name and address of the person(s) submitting the information  (telephone and fax number, if possible) 10/

Name: Dr. Sheth Jerjis

Title: Chairman of SOITM Foundation

 

Address:

Kan Pelsstraat 56

6525 VZ Nijmegen

The Netherlands

 

Tel/fax: +31 (0) 24 8441414

Mobile: +31 (0) 616262586

Email: s.jerjis@chello.nl

Website: www.turkmen.nl

Date: …12 October 2007 Signature:

 

S O İ T M

To the Working Group on Arbitrary Detention

Office of the High Commissioner for Human Rights

United Nations Office at Geneva

8-14 avenue de la Paix, 1211 Geneva 10,

Switzerland

 

E-mail: urgent-action@ohchr.org

 

Date: 12th October 2007

No.: App.52-J1207

 
Subject: Urgent Appeal of Arbitrary Detention of Mr. Lokman Najem Ahmad

 

The Iraqi Turkmen Human Rights Research Foundation, known as ‘SOITM’, is an institute with a focus on human rights and democracy. It maintains regular contact with the Middle East academics, international press, policy makers and the Human Rights organizations to represent the Turkmen of Iraq and assist the democratization process and the spread of civil society culture in Iraq. This communication relates to serious and ongoing concerns about the arbitrary detention of member of the Iraqi Turkmen Front of the Mosul Region, Mr. L. N. Ahmad.

 

On 9 July 2007, the Kurdish security forces arrested Mr. L. N. Ahmad at the Khabur Frontier Door between Turkey and Iraq. No warrant or decision from the public authorities was given at his arrest nor given to the lawyer in charge of the case.

 

He remained in the Kurdish Security Prison for about a month. During his interrogation, which lasted for about a month, he recounted the continuous exposure to persecution by cables and hoses on his body and of the use of boxes on his face. Thereafter, Mr. L. N. Ahmad was transferred to al- Zarga prison in Duhok and he is still in this prison. In al-Zarga prison his family was allowed weekly visit him.

 

Mr. Ahmad’s family is concerned about the handling of the trial of Mr. Ahmad due on the 25th October 2007 as the lawyers out of three Iraqi governorates under Kurdish Administration (Erbil, Duhok and Sulaymania) are not allowed by the Kurdish Authorities to handle trials in the courts. Henceforth, Mr. Ahmad’s family referred to a Kurdish Lawyer from Duhok city to handle the case, but are concerned about his attention to the case.

 

Until now, no any official documents have been issued from the Kurdish Authorities about the arrest, the detention and the procedures.

 

The Turkmen are the third largest ethnic group in Iraq after the Kurds and Arabs. The number of Turkmen is estimated at more than 10% of the Iraqi population. They live in the provinces of north and middle of Iraq: Mosul, Erbil, Kerkuk, Salah al-Din, Diyala, Baghdad and Kut. They are distinct in language and culture from both their neighbors, the Arabs and Kurds. Yet, the Turkmen are continuously denied political rights and systematically faced assimilation. Iraq has been a fertile ground for arbitrary detentions, and the Turkmen have suffered tremendously from this trend.

 

SOITM condemns the blatant disregard of human rights, including the frequent use of arbitrary detention, in Iraq and Turkmen regions and therefore hereby appeals to Your organization to:

 

Ö         Urge the Kurdish authorities, Coalition Provisional Authority and Iraqi government authorities in Baghdad to free Mr. L. N. Ahmad until any form of legitimate and recognized form of warrant or decision explaining the detention is offered;

 

Ö         Closely observe the processes of the trial of Mr. Ahmad on the 25 October 2007 in Duhok, Iraq to ensure a fair trial according to international legal standards;

 

Ö         Urge all authorities in the region to immediately halt further persecution of the Turkmen community; and

 

Ö         Remind all authorities in the region of their obligations under internationally recognised standards of Human Rights.

 

I hope You will be able to offer due consideration to the request contained in this letter, and I take this opportunity to offer You the assurances of our highest appreciation.

 

 

Respectfully,

 

Dr. Sheth Jerjis

Chairman SOITM

 

ارشيف مجلة تركمان العراق
SOITM
Stichting Onderzoekscentrum Iraaks Turkmeense Mensenrechten
Nijmegen - The Netherlands
soitm@turkmen.nl