US embassy cable - 05GENEVA2638

UNCLAS SECTION 01 OF 02 GENEVA 002638 
 
SIPDIS 
 
STATE FOR IO/SHA, DRL/MLA 
 
E.O. 12958: N/A 
TAGS: PHUM, UNHRC-1, Human Rights 
SUBJECT: COMMUNICATION FROM WG ON ARBITRARY DETENTION 
REGARDING THE CASE OF MAJEED HAMEED 
 
 
1.  Mission received the following communication from Ms. 
Leila Zerrougui, Chairperson-Rapporteur of the Working Group 
on Arbitrary Detention, regarding the case of Mr. Majeed 
Hameed. This communication has been forwarded to IO/SHA via 
e-mail and is number 38 on the Geneva 2005 Communications 
Log. 
 
2.  Begin text of letter: 
 
25 October 2005 
 
Dear Mr. Ambassador, 
 
The Commission on Human Rights, by resolution 2003/31 
entitled "Question of arbitrary detention", decided to 
renew, for a three-year period, the mandate of the Working 
Group on Arbitrary Detention.  The mandate was confirmed by 
resolution 2005/28.  It is in my capacity as 
Chairperson/Rapporteur of the Working Group that I am 
addressing the present letter to you.  A similar letter is 
being transmitted to the Government of Iraq. 
 
I wish to draw your Government's attention to a 
communication which was submitted to the Working Group on 
Arbitrary Detention, concerning a case of alleged arbitrary 
deprivation of liberty attributed to United States forces in 
Iraq.  A summary of the communication is attached to the 
present letter. 
 
In order to be able to render an opinion with respect to the 
case reported it, the Working Group would appreciate 
receiving any information which your Government may wish to 
provide regarding this case, and in particular, information 
on the allegations made therein, both in respect of the 
facts and the applicable legislation.  The Working Group 
would be grateful if you could provide it with a reply at 
your earliest convenience, and not later than 90 days from 
the date of transmittal of the present letter, so as to 
facilitate its task of investigating the case. 
Nevertheless, should your Government wish that this deadline 
be extended, the Working Group would be grateful if you 
could inform it, within the 90-day deadline, of the reasons 
for that request to enable the Group to extend, if 
necessary, the deadline, keeping in mind the dates of its 
working sessions. 
 
 
Please accept, dear Mr. Ambassador, the assurances of my 
highest consideration. 
 
Leila Zerrougui 
Chairperson/Rapporteur 
Working Group on Arbitrary Detention 
 
End text of letter. 
 
3.  Begin text of attachment: 
 
IRAQ/UNITED STATES OF AMERICA 
 
The case summarised below was reported to the Working Group 
on Arbitrary Detention as follows: 
 
1.  Mr. Majeed Hameed, 22 years old, born in Abu Farraj, al 
Ramadi; a national of Iraq and resident of Baghdad; first- 
year student of political sciences at Baghdad University and 
a correspondent of the satellite television network Al 
Arabiya in Baghdad and Ramadi. 
 
2.  According to the source, Mr. Hameed is particularly 
known as a journalist because he covered several hotspots 
that witnessed some of the heaviest clashes between the 
United States forces and armed groups, most notably in the 
areas of Rawa and Hudaiths, where his news packages and 
footage were the sole reports coming out of those areas at 
certain stages.  Hi is recognized as one of the most active 
and bravest of television journalists operating in Iraq. 
 
3.  According to the information received, Mr. Majeed Hameed 
was arrested on 12 September 2005 by United States forces, 
on suspicion of having links with a terrorist organization. 
Mr. Majeed Hameed was initially detained incommunicado at 
the 8th Battalion Detention Centre under United States and 
Iraq custody.  On 2 October 2005, he was transferred to Abu 
Ghraib prison where he is still detained as of date. 
 
4.  It is further mentioned that Mr. Majeed Hameed has not 
been allowed any family visits nor has he been able to 
consult a lawyer.  He has not been presented before a judge 
and thus has not been able to challenge the legality of his 
detention.  The source further alleges that Mr. Majeed 
Hameed has been subjected to ill treatment and not given 
proper medical care while in detention. 
 
5.  According to the source, the American forces and the 
Iraqi authorities have presented no proof that would 
substantiate Mr. Hammed involvement in any illegal activity. 
His detention would solely be motivated for the aim to 
impede him to continue exercising his activities as a 
journalist. 
6.  The source concludes that the detention of this person 
is contrary to his rights and freedoms guaranteed by 
articles 9, 10 and 19 of the Universal Declaration of Human 
Rights and by articles 7, 9. 14, and 19 of the International 
Covenant of Civil and Political Rights, of which both Iraq 
and the United States of America are parties, as well as by 
principles 15, 17, 18 and 19 of the Body of Principles for 
the Protection of all Persons under Any Form of Detention of 
Imprisonment (adopted by the United Nations General Assembly 
by its resolution 43/173 of 9 December 1988). 
 
7.  The Working Group would appreciate if the Government 
could, in its reply, provide it with detailed information 
about the current situation of the above-mentioned person 
and to give clarifications about the legal provisions to 
justify his continued detention. 
 
MOLEY