Iraq’s Supreme Judicial Council on Thursday withdrew a directive threatening opponents of the country’s political system with legal action. The move sparked widespread anger among Iraqis over fears it would stifle freedom of expression
On Tuesday, a leaked document from the office of the Council’s chief judge, Faiq Zaidan, ordered the Public Prosecution Office pursue “anyone who incites or promotes the overthrow of the political system or undermines its legitimacy through media outlets or electronic platforms”.
The directive, dated November 26, followed a request from the government. It did not specify the types of offence, leaving it open to interpretation.
The document caused uproar, and the Council on Thursday blamed Mr Zaidan’s office manager for using “wording and phrasing contrary to what was stated” in the internal memorandum issued by the head of Judicial Oversight Body, which supervises and monitors the performance of judges, public prosecutors, and court staff.
“This has led to misinterpretation by those who reviewed its content,” the Council said. It added that its stance “is based on respecting and protecting the freedom of expression which is guaranteed by the constitution”. It did not elaborate further on the Judicial Oversight Body’s internal memorandum.
The directive raised concerns that it would be used to silence dissenting voices and criticism of the political elite and the government.
After the toppling of Saddam Hussein’s regime in the 2003 US-led invasion of the country, Iraqis were free to express themselves online and in street protests for the first time in decades. The country’s constitution, enacted in 2005, guarantees those freedoms.
Since then, Iraqis have criticised their political and religious leaders in writing, in cartoons and on TV, although some have faced reprisals through lawsuits and even violence.
The leak of the judicial directive came as political parties discuss the formation of the next government after last month's national elections. The process has been criticised by Iraqis, who say that after every vote the same parties dominate parliament and seek post-election deals to form a government regardless of the actual results. Many Iraqis feel their votes are traded away in back room negotiations that divide power among the political elite.
In October 2019, major unrest erupted as Iraqis took to the streets of Baghdad and other major cities in the Shiite heartland of the centre and south of the country to protest against the political elite who have been in power since 2003.
Their demands included not only jobs, better services and an end to endemic corruption, but also an overhaul of the post-Saddam political system. The largest protests since 2003 posed a significant challenged to the political elite and system, leading to the resignation of the government.
Demonstrations were met with a heavy-handed crackdown from security forces and Iran-backed militias. Nearly 600 protesters and members of the security forces were killed in the violence, while tens of thousands were wounded. Dozens of activists reported intimidation from security forces and militias, with many kidnapped or assassinated.
Activists accused Iran-backed militias of being behind the assassinations to try to subdue the protests. The government and militias blamed “third parties”, without specifying who they were.
