A formal arrest warrant has been issued for former Iraqi Member of Parliament Ahmed Hama Rashid by the Erbil Investigation Court, citing alleged violations of Article 226 of the Iraqi Penal Code, which prohibits defamation of state institutions.
The warrant, officially registered under Case No. 1980/K, was issued on 4 June 2025 and referred to the Sulaymaniyah Investigation Court for enforcement. It mandates daily attempts to locate and arrest the accused, based on his recent televised statements which judicial authorities allege constitute criminal defamation.
Background of the Case
Mr Rashid, a prominent member of the Kurdistan Justice Group (Komal) and a former MP who served in the Iraqi Council of Representatives (2018–2021), made public comments during an interview with the Baghdad-based al-Ahad TV in May 2025. In the interview, he alleged that the Kurdistan Region had served as a transit route for drone shipments potentially used in regional armed conflicts, including the Iran-Israel confrontation.
These remarks were interpreted by the Erbil court as defamatory and as potentially undermining public confidence in the Kurdistan Regional Government (KRG) and its institutions. Judicial officials deemed the statements a possible breach of public order and an affront to the reputation of official authorities.
Legal Basis: Article 226 of the Iraqi Penal Code
The arrest is predicated on Article 226, which states:
“Any person who publicly insults the National Assembly, the government, the courts, the armed forces, or other public authorities shall be punished by a period of detention or a fine.”
Although the statute is legally binding, it has been subject to ongoing criticism by legal experts and civil society organisations, who argue that it lacks sufficient safeguards against abuse and may infringe on constitutional protections for freedom of expression.
Judicial Action and Warrant Details
The order was issued by Judge Mohsen Salih Mahmood, and explicitly references the legal authority of the Erbil Region Court of Appeal, acting through its local investigation court. The document directs the Sulaymaniyah Investigation Court to implement the arrest order without delay and to report on attempts to execute it.
At the time of publication, Mr Rashid had not been detained. Sources close to his party have indicated that he remains within the Kurdistan Region and is prepared to appear before the court, but only under assurances of judicial impartiality.
Political and Public Reactions
The Kurdistan Justice Group issued a statement describing the warrant as politically motivated and aimed at silencing dissent. Several civil society actors and independent legal commentators have echoed concerns about the increasing use of defamation laws to suppress criticism of the political establishment.
Speaking to local media, a legal advisor affiliated with the Sulaymaniyah Bar Association noted that:
“The use of Article 226 in cases involving political speech is highly problematic. It risks criminalising legitimate criticism and weakens public trust in judicial independence.”
Profile: Ahmed Hama Rashid
- Full Name: Ahmed Hama Rashid (also known as Ahmed Haji Rashid)
- Political Affiliation: Kurdistan Justice Group (Komal)
- Parliamentary Term: Member of the Iraqi Council of Representatives (2018–2021)
- Notable Positions: Vocal critic of both the Kurdistan Democratic Party (KDP) and Patriotic Union of Kurdistan (PUK), frequently raising concerns over alleged corruption, institutional opacity, and suppression of civil rights within the KRG.
Mr Rashid has consistently maintained a public profile through media engagement and party activity, often highlighting perceived failures in governance, rule of law, and resource transparency in the Kurdistan Region.
Implications for Freedom of Expression
The arrest warrant comes amid increasing scrutiny of media freedoms and the legal treatment of dissent in the Kurdistan Region. Human rights organisations have expressed concern over the frequency of arrests, detentions, and prosecutions targeting journalists, political opponents, and activists.
This case adds to a broader debate over the interpretation of defamation laws within Iraq’s legal framework, particularly in relation to political speech and press freedom.
