Special court assigned for journalism cases in Sulaymaniyah following years of criticism by press advocates

SULAYMANIYAH – The Sulaymaniyah Court of Cassation has designated a specialized court to handle cases involving journalists, Judge Omer Ahmed Mohammed announced Thursday.

Sulaymaniyah Investigation Court 1 now holds exclusive authority over all journalism-related cases in the city. According to the court, the move aims to serve the public interest, streamline legal proceedings, and ensure compliance with Kurdistan’s Press Law No. 35 of 2007.

Once investigations are completed, cases will be transferred to Sulaymaniyah Criminal Court 6 for final rulings. The decision takes effect immediately.

The change follows longstanding criticism from journalists and non-governmental organizations, who claim Kurdistan Region courts frequently bypass the Press Law, using harsher statutes such as the Iraqi Penal Code. Advocates argue this practice undermines protections intended to prevent the imprisonment of journalists.

Kurdistan’s Press Law, enacted in 2007, aims to protect journalists from arrest and detention, stipulating financial penalties rather than imprisonment for defamation. It also ensures press freedom, protects journalists’ right to confidentiality of sources, and mandates punishment for anyone who injures or insults journalists during their work.

The Metro Center for Journalists’ Rights and Advocacy welcomed the court’s decision, calling on other areas to follow suit.

Karwan Anwar, head of the Sulaymaniyah branch of the Kurdistan Journalists Syndicate, said the decision responds directly to advocacy efforts. He explained that the initial proposal called for establishing a completely new court dedicated to journalism cases, but logistical constraints led to the current solution.

“We have worked extensively to ensure journalists are tried under the Press Law, which is among the most protective laws for journalists,” Anwar said. He added that the law, drafted before the widespread use of social media, often leads judges to apply harsher statutes when dealing with online cases.

Anwar opposed amending the Press Law to address social media issues, arguing it should remain unchanged to maintain its strong protections. Instead, he called for the Kurdistan Parliament to create new legislation specifically regulating social media.

Shorsh Khalid, editor-in-chief of the Kirkuk Now website, told 964media, “I don’t want to be pessimistic, but this decision is only meaningful if fully implemented. It should ensure that journalists and their cases are handled exclusively under the Press Law, not the Iraqi Penal Code or anti-terror laws.”

“Over the past 15 years, some judges, whether due to inexperience or political pressure, have mishandled journalists’ cases,” Khalid said. “Having a dedicated court should, in theory, ensure proper application of the Press Law.”

However, Khalid expressed skepticism, citing the recent case of journalist Bashdar Bazyani, who remains detained two weeks after his arrest on February 28. Bazyani, associated with the newly established outlet Media 21, was one of four journalists arrested during a raid in Sulaymaniyah; the other three were later released, while Media 21’s office remains closed. Authorities have provided no explanation for the arrests.

Khalid criticized the frequent bypassing of judicial authority by security agencies and called for clear guidelines on arrest authority and procedures.

“Before establishing a specialized court, there must be clarity on who can detain journalists—police or other security forces? Our primary issue is inconsistent enforcement of existing laws,” Khalid stated.

He also emphasized the necessity of clearly distinguishing between journalists and civil activists, noting that conflation of these roles often leads to inappropriate application of anti-terror laws or the Iraqi Penal Code rather than the Press Law.

“You cannot be both a protester and a journalist at the same time,” Khalid said. “If we want this decision to be effective, we need a clear classification.”

On Jan. 18, 2025, the Metro Center released its 14th annual report, documenting 182 violations against journalists in the Kurdistan Region over the previous year—a 20% decrease from 2023.