Amnesty International condemns in Iraq's Erbil unfair trial and extended detention of journalist Sherwan Sherwani

An Erbil court in Iraq on Tuesday extended Kurdish journalist Sherwin Sherwani's prison term by four years and five months, delaying his expected release. Lawyers and activists have criticised the ruling as politically motivated.

For its part, Amnesty International condemned the sentence, citing due process violations and a pattern of repression against critics in the Kurdistan Region.

An Erbil court has imposed an additional four years and five months in prison on journalist Sherwin Sherwani, which will delay his expected release in September, according to his lawyer.

Sherwani was arrested in October 2020 and jailed in February 2021 for "espionage" and "incitement to protest and destabilise the region." In July 2023, he received another sentence for falsifying a signature on a petition.

His lawyer, Mohamed Abdallah, said Sherwani was due for release in September 2025 but was sentenced Tuesday under Article 229 of Iraq's Penal Code for allegedly humiliating the officer responsible for prison security.

"The court's only evidence was the swearing of two Zeravani forces members who swore on the Quran that they saw Sherwani engaged in a verbal altercation with a prison officer," Abdallah told The New Arab. "Although my client denied the accusations, the court acted out of political motivation and personal animosity to keep him in prison."

Abdallah said Sherwani was brought into the courtyard in handcuffs with his feet chained and dragged into a car after what he described as a sham trial.

"Sherwani called me after the trial and said he had fractures in four parts of his body," Abdallah added, referring to mistreatment by KRG security forces.

He also said he witnessed "a group of gangsters in civilian clothes aiming pistols at activists and lawmakers who defied the court’s decision".  He confirmed he plans to appeal the ruling.

The Zeravani, a unit of the Peshmerga under the KRG Ministry of the Interior, provides security for government and industrial facilities and supports the civilian police. It was established in 1997 by the ruling Kurdistan Democratic Party (KDP), which is controlled by the Barzani family.

Ihsan Abul Rahman, Director-General of the reform prisons, which are under the supervision of the KRG Ministry of Labour and Social Affairs, told TNA in an interview via phone that he had not received formal complaints that Sherwani was beaten inside his prison and would investigate the allegations. He clarified that any beatings outside the prison could be reported to the police.

Upon taking office, he said he had dismissed all Zeravani forces from the reform prisons, which are now guarded by unarmed special police units. He added that prisoners can meet with their lawyers, and that family members and human rights organisations are allowed to visit.

Meanwhile, Razaw Salihy, Amnesty International's Iraq Researcher, told TNA: "The latest sentencing of Sherwan Sherwani is disheartening but not shocking. This is not the first time that charges have been brought against the journalist right before his release. This method has been used against other critics before and continues to contribute to the atmosphere of fear in which journalists and activists operate."

Salihy, in a separate statement on Amnesty International's website on 20 August, highlighted key concerns: "Sherwan Sherwani is already serving an unjust prison term and should have long since been released. His new sentence weeks before release is a blatant ruse by the authorities to keep him behind bars. His trial was marred by a lack of due process, including a refusal to provide his lawyer access to evidence in time to prepare a defence. This is part of a broader pattern of repression against critics, using intimidation, arbitrary detention, and unfair trials."

"The Kurdistan Regional authorities must put an end to this revolving door practice, whereby previously convicted journalists, including those about to be released, are issued new convictions, keeping them behind bars. Instead, the Kurdistan Regional authorities must uphold their national and international obligations to protect human rights," she also said. 

Ali Hama Salih, a Kurdistan Parliament lawmaker from the National Stance Opposition Party, attended the trial and said there was no evidence against Sherwani.

"The charge itself lacks legal basis. How can a Zeravani officer guard a prison run by the Ministry of Labour and Social Affairs? The prison has surveillance cameras, yet witnesses claimed the cameras recorded nothing on the day of the alleged incident," Salih said to TNA.

The current caretaker KRG cabinet under Prime Minister Masrour Barzani from the KDP, and his deputy Qubad Talabani from the PUK, are beyond any parliamentary observation as the legislature has been suspended after more than 10 months of elections. The KRG security forces continue cracking down on journalists, peaceful protesters, and political opponents. 

Efforts to establish a new government in Iraq's Kurdistan Region remain stalled as the KDP and PUK fail to agree on key leadership positions following the 20 October parliamentary elections. 

This political deadlock has cast uncertainty over the region's governance and exacerbated public discontent amid ongoing economic challenges.

Sherwani was initially arrested in October 2020 with other activists and teachers from Duhok's Badinan area. He was sentenced in February 2021 to six years on charges of espionage and "endangering national security."

In July 2023, he received an additional four-year sentence for forging fellow inmates’ signatures under Articles 295 and 298 of Iraq's Penal Code.