The Iraqi Observatory for Human Rights (IOHR) expresses profound concern regarding the legal case against journalist Safaa Rashid, who has been summoned to the Court of Appeal in Al-Namaniya, Wasit Province, due to a Facebook post urging the residents of Al-Namaniya to advocate for free and fair elections, free from partisan and factional quotas.
This lawsuit, filed by the district commissioner, Mohammed Aidan Mahdi, accuses Rashid of "defamation" under Article 434 of the Penal Code. It exemplifies how laws can be wielded as instruments to undermine freedom of expression and silence dissenting voices.
Article 434 defines defamation as any statement that tarnishes another's honor or offends their feelings, even if it does not ascribe a specific act. The penalty for defamation is imprisonment for up to one year and/or a fine not exceeding one hundred Iraqi dinars. If the defamation occurs through publication in newspapers or other media, it constitutes an aggravating circumstance, highlighting the severity of the penalty.
This incident reflects the increasing violations against press freedom in Iraq, posing a direct threat to the fundamental rights of citizens to express themselves and engage in the democratic process.
IOHR emphasizes that freedom of expression is enshrined in Article 38 of the Iraqi Constitution, which guarantees, “Freedom of expression is guaranteed, and every individual has the right to express their opinion freely, whether in speech, writing, or otherwise.” This right is further protected under the International Covenant on Civil and Political Rights of 1966, which reinforces freedom of expression as a fundamental right deserving of protection.
This case underscores the urgent need for comprehensive legal reforms to ensure the protection of journalists and to prevent laws from being misused as tools of retribution against dissenting voices. The ongoing violations highlight the necessity of strengthening the legal framework for the protection of press freedom and human rights more broadly.
Press freedom is a cornerstone of any democratic system, and Iraqi authorities must recognize the vital role that journalists play in shaping public opinion and monitoring corruption and governance. When this group faces legal repercussions for the opinions of its members, advancing toward a democratic state that respects its citizens’ rights becomes increasingly challenging.
All charges against Safaa Rashid should be dismissed, as exercising criticism and expressing opinions should be regarded as integral to democratic participation, not as a threat to authority.
The Iraqi Observatory for Human Rights reaffirms its full solidarity with Safaa Rashid and all journalists facing similar challenges, stressing the importance of collective efforts to safeguard freedom of expression and human rights in Iraq.
