Baghdad – For the tenth time in a row, the Rusafa Criminal Court in Baghdad postponed the trial of the killer of security expert Hisham al-Hashemi, due to the inability to bring the accused to court, which raised many question marks about this.

Hours earlier, local media published an official document leaked from the Iraqi Ministry of Justice, dated last December, confirming that the defendant Ahmed Hamdawi al-Kinani was not in its correctional prisons, and that they did not have any records or restrictions related to him.

After the spread of the leaked document, Member of Parliament Nidaa Hassan Kazem confirmed the authenticity of the document issued by the ministry and addressed to its office, related to the MP's office's inquiry about the fact that the accused of killing Al-Hashemi is in the ministry's prisons, and the document confirmed that the ministry's prisons are free of the accused and any data related to him.

In an exclusive interview with Al Jazeera Net, Nidaa explained that she tried to inquire dozens of times from the Ministries of Justice and Interior in order to find out the fate of the trial and the reasons for its continuous postponement, noting that the Ministry of Interior overlooked its questions, and did not give it any official response.

Merits of the case

The document sparked outrage among human rights activists, who saw it as a way to obscure the case and close the case of al-Hashimi's killing.

Security expert and strategist Hisham al-Hashemi was shot dead by masked men riding a motorcycle on July 6, 2020 in front of his house in the Zayouna area, east of the capital, Baghdad, after he came out of a television interview in which he criticized the activities of outlaw groups, to raise the news of his death - at the time - a local and international uproar.

In July 2021, a year after al-Hashemi's death, former Prime Minister Mustafa al-Kadhimi announced the arrest of his killer, while state television broadcast the defendant's confessions, revealing him to be a 36-year-old lieutenant.

The judicial body in charge of the case set May 7 as the date for the next session, following the new appeal by the defendant's defense, after adjourning the pleadings 10 times in a row.

An official document issued by the Ministry of Justice denies the presence of the accused Ahmed Al-Kinani in its prisons (Al-Jazeera)

Government Conflict

In the same regard, the spokesman for the Ministry of Justice and Director of Juvenile Reform, Kamel Amin, confirms the authenticity of the leaked document, indicating that the minister constantly answers the questions of members of the House of Representatives, and that the accused al-Kinani did not enter the ministry's prisons in the first place until he disappeared from them, according to him.

Speaking to Al Jazeera Net, Amin adds that "the Ministry of Justice is responsible for the implementation of sentences, and receives convicts and convicts by sending them by the Ministry of Interior to the Ministry of Justice, and does not deposit anyone in its prisons before pronouncing the verdict."

As for the party with which the accused must be deposited, Kamel explained that Al-Kinani is still under investigation as an accused, not convicted, and in the event that the verdict is issued against him, the implementation of the sentence will be the responsibility of the Ministry of Justice alone, pointing out that the absence of the accused in the ministry's prisons does not mean his disappearance, and the Ministry of Interior may prefer not to disclose his whereabouts due to the sensitivity of the subject, as he put it.

With regard to the ongoing postponement of the trial of the accused, Amin concludes by saying that the postponement occurs continuously and for several reasons in accordance with the Code of Procedure, whether by the judiciary, private law or the request of the defense of the accused, and each case has its problems and ramifications.

Going to the Interior Ministry, its spokesman, Maj. Gen. Khaled al-Mahna, confirmed that his ministry could not officially declare the matter, because the information is conflicting and "we will comment on that as soon as we get accurate information."

Possibility of his escape

According to MP Nidaa Hassan Kazim, "the death sentence was issued against the accused, and then his representative submitted a discriminatory request regarding the referral decision No. (1215) dated August 18, 2021, where the court decided to reject the cassation request without the presence of the accused, as it was not possible to bring him more than once, so we approached the Ministry of Interior to find out the place of his arrest and the reasons for not bringing him, and the ministry did not respond to all of the above, in addition to doubts about his escape, which opens many question marks."

The member of parliament does not deny the existence of information about attempts to smuggle the accused on March 9, coinciding with the submission of a second appeal regarding his case, without any government agency knowing where he was arrested, and whether he was in Iraq or not, according to her.

The member of the House of Representatives concludes her speech to Al Jazeera Net by saying, "We demand retribution from this accused two years ago, where he confessed to his crime. But the truth is that the perpetrators of the operation are a group of four people, one of whom is called Hussein al-Maliki, who is the pyramid of the plan, and he and the rest of the defendants have not been talked about."

Meanwhile, activist Zikra Sarsam explains that the Iraqi judiciary has been unable for two years to bring the accused after confessing to his crime, noting that this incident gives a dangerous indication, especially since the killer is affiliated with the security forces, meaning that he uses his military position for years in practices that are not known about anything, culminating in the assassination of Hisham al-Hashemi, according to Sarsam.

Speaking to Al Jazeera Net, Sarsam wonders, "Who protects the accused Ahmed Al-Kinani, and who keeps him, and why we did not see his image during all previous trials?!" , warning that the Ministries of Justice and Interior bear responsibility for his disappearance and the interruption of his news, and that underestimating his case does not bode well, and threatens the extinction of the fate of the victims and the confiscation of their rights, as she put it.