The trial of Dr Kamal Sayid Qadir’s has no legal legitimacy, lawyer

  • KurdishMedia.com
  • 30/03/2006 00:00:00

Translated by Dr Kamal Mirawdeli from Cahwder, 27 March 2006

“Within the framework of the press law in Kurdistan which is in effect until this moment, there is no legal clause addressing publication on the Internet. The charges made against Dr Sayid Qadir are based on articles he has published on the Internet.”

In yesterday’s trial of Dr Kamal Sayid Qadir, the court sentenced Dr Kamal Sayid Qadir to 18 months in prison.

In the trial, which was attended by a number of journalists and Dr Sayid Qadir’s family members, after the declaration of the verdict, Dr Sayid Qadir made his first press statement to Chawder. He said: ”I will continue hunger strike until death because I have done nothing wrong”. In the process of the trial, Dr Sayid Qadir demanded to be transferred from the security prison [in Arbil] to a police prison. He also asked the court to release him on bail so that “he could continue to work on his project about the legal process of implementing Clause 58 [of Transitional Administrative Law –TAL-] which deals with the specific issue of the normalisation [de-Arabisation] of Kirkuk.

In the process of the trial, the defendant’s lawyer Mr Govand Baban, in addition to defending his client, said: There is no legal legitimacy whatsoever in trying Dr Sayid Qadir because the legal period allowed for registering a complaint has passed. The articles published by the writer have all been published more than six months ago and during this period no one had registered any complaint against him.

According to Kurdistan region’s press law, a complainer is allowed six months to submit a case against the accused. The fact that no complaint has been registered against Dr Sayid Qadir serves Dr Sayid Qadir’s case [against the prosecution]. He also added: As Dr Sayid Qadir has a foreign nationality; the permission of the Minister of Justice should have been obtained to allow his trial. But this has not been done, which is against the legal principles of trial.

Mr Baban was making his defence statements before the court sentenced his client Dr Sayid Qadir to 18 months of imprisonment. He said: Within the framework of the press law in Kurdistan which is in effect until this moment, there is no legal clause addressing publication on the Internet.

The charges made against Dr Sayid Qadir are based on articles he has published on the Internet. He also added: In the same way the Austrian press laws does not refer to items published on the Internet. Dr Sayid Qadir is an Austrian citizen.

After the court’s sentence was declared, the lawyer Govand Baban told Chawder: we do not accept this penalty and we will appeal it.

Dr Sayid Kamal’s sister, Aras Sayid Qadir, said: We are very unhappy about this sentence. We consider it a political sentence. She also demanded that her brother be transferred from the security prison to a police prison. She explained the reason for this: when she visited her brother, the guards prevented her from seeing her brother. Also one of the security officers called Barzan Qassab pulled her arms and threatened saying that he would put her in prison with the prostitutes.

Some of the family members of Dr Sayid Qadir who were in the trial complained against the sentence and said Dr Sayid Qadir was given this sentence because their family were affiliated to Patriotic Union of Kurdistan (PUK).

  • KurdishMedia.com
  • 30/03/2006 00:00:00