August 8, 2024
The Iraqi Observatory for Human Rights said that Iraqi journalist and author Qais Hasan is facing a lawsuit filed against him by former Prime Minister Mustafa Al-Kadhimi over a Facebook post. Al-Kadhimi accused Hasan of insult and defamation and is seeking financial compensation of 250 million Iraqi dinars for the material and moral damage he claims to have suffered as a result of the post.
Hasan’s post criticized Iraqi prime ministers since 2003, prompting Al-Kadhimi to take legal action. Hasan attended the trial held on August 7, 2024, which was adjourned to August 22 after the judge requested the consultation of a specialized expert.
The Iraqi Observatory for Human Rights affirms that freedom of expression is a right guaranteed under Article 38 of the Iraqi Constitution, which states that “the State shall guarantee, without prejudice to public order and morals, freedom of expression of opinion by all means.” Iraq is also bound by international conventions that protect the right to freedom of expression, including the International Covenant on Civil and Political Rights of 1966, to which Iraq is a state party.
It is noteworthy that Al-Kadhimi was a journalist before becoming prime minister, which makes him fully aware of the importance of freedom of expression and its vital role in building a democratic society. Restricting freedom of expression represents a dangerous retreat from democratic principles and human rights.
The Iraqi Observatory for Human Rights stresses that resorting to the law should be a civilized act aimed at protecting rights and freedoms, not restricting them. The Observatory calls on the Iraqi judiciary to uphold freedom of expression and to reaffirm that this right includes the constructive criticism of officials and public figures.
After leaving the court, Qais Hasan wrote: “As I left the court hearing and returned home exhausted, I asked myself why Al-Kadhimi chose to sue me. Did he dare to file a lawsuit against any of the powerful figures? Why was I singled out? And why didn’t any of the others I mentioned in my posts take legal action?” He added, “My posts about Al-Kadhimi and the prime ministers were as harsh as our reality. My words targeted officials and public figures, not individuals, because of the immense pain and failure we endure. Resorting to the law is undoubtedly a civilized act, and it is necessary for those who want to see a ‘respectable’ state".
The Iraqi Observatory for Human Rights contacted Hasan, who confirmed that he is awaiting the hearing on August 22, 2024. The Observatory calls on the Iraqi judiciary to protect freedom of expression and to support journalists and authors who exercise their right to constructive criticism.
The Iraqi Observatory for Human Rights stands in solidarity with Hasan and all other colleagues facing similar lawsuits for exercising their right to freedom of expression. We call on all concerned parties to defend the rights of journalists and ensure that the law is not used as a tool to suppress freedom of opinion and expression.
