Iraq: Extrajudicial execution of Hakki Ismail

24 Aug 2009
Hakki Ismail was executed on the night of 25 July 2009, probably by the Iraqi authorities. He was a human rights advocate who worked in defense of the victims of violations committed by the Iraqi government. He recently dealt with cases of people who had connections with the Iraqi MP Mohammad Al-Dainy, who was himself persecuted. Alkarama was in regular contact with Hakki Ismail.

On 24 August 2009 Alkarama submitted communications to the Special Rapporteur on extrajudicial, summary or arbitrary executions (SRSUMEX), to the Special Rapporteur on the situation of Human Rights Defenders (HRD) and to the Special Rapporteur on the independence of judges and lawyers (IJL) to inform them of the death and asking them to intervene with the Iraqi authorities.

Mr Mubarak Hakki Ismail is also known as Mr Al-Qisi. He was born in 1962 and lived in the Beladrouz district of Diyala Governorate (120 km east of Baghdad). He was a lawyer and had previously informed Alkarama of cases of torture and disappearance incurred by his clients in order for us to submit their cases to the UN special procedures.

He was particularly committed to the group of people arbitrarily detained because of their familial and professional connections with the Iraqi MP Muhammed Al-Dainy (see communiqué). In some cases they were victims of torture and forced disappearance; Alkarama alerted the UN special procedures to intervene with the Iraqi authorities.

Alkarama was informed of the attempted murder of Hakki Ismail at his home Thursday 23 July 2009, when he was shot by three armed men driving in a car which then quickly left the scene. He managed to survive this incident and was transported to the main hospital in Baquba in Diyala, before being transferred to a Baghdad hospital.

Approximately 36 hours after the assassination attempt, his condition improved and he was able to move and walk along the corridors of the hospital. It was also able to provide testimony about the intimidation tactics suffered before the assassination attempt by persons known to be members of government-allied militias who threatened him with "physically liquidation".

Hakki Ismail complained to authorities about the threats, however the judge in Beladrouz did not give the order for any arrests. Hakki Ismail began to fear for his life because he eventually figured out that the Beladrouz Chief of police was aware of Hakki Ismail's testimony.

We were finally informed Hakki Ismail's death on the night of 25 July 2009, following a poisoning. He informed his entourage that his condition began to deteriorate after a nurse injected intravenously with a substance four hours earlier. His blood pressure rose rapidly.

An autopsy was conducted at the request of his family on 26 July 2009. As feared, the cause of death on the death certificate was given as a result of gunfire. No investigation has been conducted on the substance injected Hakki Ismail drip.

We believe that the death of Hakki Ismail is the result of an extrajudicial execution and we request the SRSUMEX to intervene with the Iraqi authorities so as to initiate an investigation in order to establish the true cause of death. A new autopsy should be performed by doctors chosen by the family of the deceased in order to transmit the results. The authorities should also investigate those who made threats against him in order to prosecute them criminally and agree to reimburse the family.

Iraq