Kuwaiti Citizen Risks Torture if Extradited to Iraq
Lebanon: Kuwaiti Citizen Risks Torture if Extradited to Iraq
Alkarama has been informed that Mr Mohamed Al Dosari, a Kuwaiti citizen who he is currently detained in Lebanon, could be extradited to Iraq where he risks being torture. On 9 December 2010, Alkarama submitted his case to the Special Rapporteur on torture in order to inform the Lebanese authorities of his case and to remind them of their obligations under the Convention Against Torture.
Article 3 of the above mentioned Convention states: "No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he could be in danger of being subjected to torture. (...)".
On 21 February 2009, Mr Al-Dosari was arrested in his hotel room in Hamra, Beirut, by agents from Military intelligence who were in civilian clothing. During his arrest, Mr Al Dosari was not presented with a judicial warrant nor was he given a reason for his arrest. He was then taken to the Ministry of Defence in Yerze where he was held incommunicado for five months and two weeks. In early August 2009, Mr Al Dosari received a visit from a representative of the Kuwaiti Embassy who assisted Mr Al Dosari to be transferred to the Roumieh Central Prison where he is currently detained.
Following this arrest, Mr Al Dosari was sentenced to three years' imprisonment in June 2009 following a trial, and he is now serving his sentence. Furthermore, Mr Al Dosari is on trial before of the Permanent Military Court in Beirut. His next hearing is scheduled for 27 January 2011.
In addition to the above legal proceedings, Mr Al Dosari had already been sentenced in Iraq on 6 November 2008, to the death penalty in absentia for terrorism-related charges. This sentence was issued by the Central Investigating Court of Al Karkh in Iraq. As a result of this, the Iraqi government has asked Lebanese authorities to extradite Mr Al Dosari. We fear that this may happen following Mr Al Dosari's next hearing on 27 January 2011.
In light of the information received and the sequence of events outlined above, we fear that Mr Al Dosari is at a high risk of torture and other ill-treatment if his extradition is to take place.
We submit that torture is systematic and widespread in Iraq, and Mr Al Dosari may be at risk of torture upon his extradition to Iraq. Mr Al Dosari is sentenced to death in absentia by an Iraqi Court which indicates that he is a sought after by the Iraqi authorities and therefore at high risk of torture.
Alkarama will continue to follow Mr Al Dosari's case and provide any updated information to the United Nations regarding Mr Al Dosari's situation.