An energy advisor to the Iraqi Prime Minister facing corruption-related charges arbitrarily detained and tortured

An energy advisor to the Iraqi Prime Minister facing corruption-related charges arbitrarily detained and tortured

Raad Mohsin Ghazi Al-Hares used to work as an engineer and as the energy advisor to the Prime Minister of Iraq. On October 3, 2020, he was arrested by members of the Anti-Corruption Committee established on the basis of Executive Order No. 29, also known as “Diwaniya Committee No. 29” (Committee No. 29). Al-Hares was sentenced to six years’ imprisonment, following trials that did not respect due process guarantees. He notably alleged that he had been subjected to torture while being secretly detained. He was held at al-Adela Prison 1 in Kadhimiya, Baghdad, and the UN Working Group on Arbitrary Detention has stated that his detention is arbitrary.

Prior to his arrest, Raad Mohsin Ghazi Al-Hares worked as an engineer and as the energy advisor to the Prime Minister of Iraq.

In the morning of October 3, 2020, Al-Hares was asked to attend a meeting on the maintenance of power stations at the Prime Minister’s office. He was then arrested by members of the Committee No. 29 without an arrest warrant.

Al-Hares was subjected to torture in the detention centre of the Anti-Terrorism Investigations’ Directorate at Baghdad Airport. The torture methods included beatings, foot whipping when his hands and feet were tied, electric shocks all over his body including his sensitive body parts, dry-boarding with bags put over his head and waterboarding.

Al-Hares was presented before the investigating judge for the first time two weeks after his arrest. During the hearing, he was not assisted by a counsel of his own choice. He was only allowed to contact his lawyer on January 5, 2022, after the end of his trial. In addition, he was only allowed to contact his family two weeks after his arrest.

The authorities accused him of bribery without providing evidence and in the absence of complainants. He initially denied the charges against him but he ended up being coerced into signing a confession under torture.

Al-Hares’ trial took place before the Al-Rusafa Criminal Court on January 5, 2022. His lawyer did not have access to his client’s case file before the trial. The judge also rejected Al-Hares' requests for the right to call witnesses about the torture he suffered. On that day, Al-Hares was sentenced to 6 years’ imprisonment.

On February 15, 2022, the verdict was upheld by the Court of Cassation. On April 1, 2022, Al-Hares’ lawyer submitted a request for a retrial to the Supreme Judicial Council, which is still pending.

He was detained in Al-Adela Prison 1 in Kadhimiya, Baghdad.

On March 2, 2022, the Federal Court announced the dissolution of Committee No. 29 as the basis for its establishment was unconstitutional.

On December 24, 2022, the Iraqi Prime Minister’s office announced that they had referred 3000 complaints of violations committed by Committee No. 29 to the Public Prosecutor.

On March 7, 2023, MENA Rights Group seized the Working Group on Arbitrary Detention (WGAD) asking the UN experts to issue an Opinion as to the arbitrary nature of his detention.

On August 28, 2023, the WGAD adopted the Opinion that al-Hares’ detention is arbitrary and urged Iraqi authorities to remedy his situation.

On January 29, 2024, al-Hares is released.

Timeline

January 29, 2024: Al-Hares is released.
August 28, 2023: The WGAD adopts an Opinion stating that al-Hares’s detention is arbitrary.
March 7, 2023: MENA Rights Group seizes the UN Working Group on Arbitrary Detention (WGAD).
April 1, 2022: Al-Hares’ lawyer submits a request for a retrial to the Supreme Judicial Council, which is still pending.
March 2, 2022: The Federal Court announces the dissolution of Committee No. 29.
February 15, 2022: The verdict is upheld by the Court of Cassation.
January 5, 2022: Al-Hares is sentenced by the Al-Rusafa Criminal Court to 6 years’ imprisonment.
January 5, 2022: Al-Hares is allowed to contact his lawyer.
October 17, 2020: Al-Hares is presented before the investigating judge for the first time.
October 3, 2020: Al-Hares is arrested while attending a meeting on the maintenance of power stations at the Prime Minister’s office.

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