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You are here: BAILII >> Databases >> Upper Tribunal (Immigration and Asylum Chamber) >> SMO and KSP (Civil status documentation, article 15) (CG)) Iraq [2022] UKUT 110 (IAC) (16 March 2022)
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Cite as: [2022] UKUT 110 (IAC)
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Neutral Citation: [2022] UKUT 110 (IAC)
SMO & KSP (Civil status documentation; article 15) Iraq CG
Upper Tribunal
(Immigration and Asylum Chamber)
At Field House
THE IMMIGRATION ACTS
Heard On 4 and 5 October 2021
Promulgated on 16 March 2022
Before
UPPER TRIBUNAL JUDGE PERKINS
UPPER TRIBUNAL JUDGE BLUNDELL
Between
smo
ksp
(ANONYMITY order made)
Appellant
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellants: Mr D Bazini, Mr T Hussain and Ms M Cleghorn, both of counsel, instructed by Halliday Reeves
For the Respondent: Mr C Thomann and Mr T Tabori, both of counsel, instructed by the Government Legal Department
This decision replaces all existing country guidance on Iraq.
A. INDISCRIMINATE VIOLENCE IN IRAQ: ARTICLE 15(C) OF THE QUALIFICATION DIRECTIVE
1. There continues to be an internal armed conflict in certain parts of Iraq, involving government forces, various militia and the remnants of ISIL. Following the military defeat of ISIL at the end of 2017 and the resulting reduction in levels of direct and indirect violence, however, the intensity of that conflict is not such that, as a general matter, there are substantial grounds for believing that any civilian returned to Iraq, solely on account of his presence there, faces a real risk of being subjected to indiscriminate violence amounting to serious harm within the scope of Article 15(c) QD.
2. The only exception to the general conclusion above is in respect of the small mountainous area north of Baiji in Salah al-Din, which is marked on the map at Annex D. ISIL continues to exercise doctrinal control over that area and the risk of indiscriminate violence there is such as to engage Article 15(c) as a general matter.
3. The situation in the Formerly Contested Areas ( the governorates of Anbar, Diyala, Kirkuk, Ninewah and Salah Al-Din) is complex, encompassing ethnic, political and humanitarian issues which differ by region. Whether the return of an individual to such an area would be contrary to Article 15(c) requires a fact-sensitive, "sliding scale" assessment to which the following matters are relevant.
4. Those with an actual or perceived association with ISIL are likely to be at enhanced risk throughout Iraq. In those areas in which ISIL retains an active presence, those who have a current personal association with local or national government or the security apparatus are likely to be at enhanced risk.
5. The impact of any of the personal characteristics listed immediately below must be carefully assessed against the situation in the area to which return is contemplated, with particular reference to the extent of ongoing ISIL activity and the behaviour of the security actors in control of that area. Within the framework of such an analysis, the other personal characteristics which are capable of being relevant, individually and cumulatively, to the sliding scale analysis required by Article 15(c) are as follows:
(i) Opposition to or criticism of the GOI, the KRG or local security actors;
(ii) Membership of a national, ethnic or religious group which is either in the minority in the area in question, or not in de facto control of that area;
(iii) LGBTI individuals, those not conforming to Islamic mores and wealthy or Westernised individuals;
(iv) Humanitarian or medical staff and those associated with Western organisations or security forces;
(v) Women and children without genuine family support; and
(vi) Individuals with disabilities.
6. The living conditions in Iraq as a whole, including the Formerly Contested Areas, are unlikely to give rise to a breach of Article 3 ECHR or (therefore) to necessitate subsidiary protection under Article 15(b) QD. Where it is asserted that return to a particular part of Iraq would give rise to such a breach, however, it is to be recalled that the minimum level of severity required is relative, according to the personal circumstances of the individual concerned. Any such circumstances require individualised assessment in the context of the conditions of the area in question.
B. DOCUMENTATION AND FEASIBILITY OF RETURN (EXCLUDING IKR)
7. Return of former residents of the Iraqi Kurdish Region (IKR) will be to the IKR and all other Iraqis will be to Baghdad. The Iraqi authorities will allow an Iraqi national (P) in the United Kingdom to enter Iraq only if P is in possession of a current or expired Iraqi passport relating to P, or a Laissez Passer.
8. No Iraqi national will be returnable to Baghdad if not in possession of one of these documents.
9. In the light of the Court of Appeal's judgment in HF (Iraq) and Others v Secretary of State for the Home Department [2013] EWCA Civ 1276 , an international protection claim made by P cannot succeed by reference to any alleged risk of harm arising from an absence of a current or expired Iraqi passport or a Laissez passer, if the Tribunal finds that P's return is not currently feasible on account of a lack of any of those documents.
10. Where P is returned to Iraq on a Laissez Passer or expired passport, P will be at no risk of serious harm at the point of return by reason of not having a current passport.
C. CIVIL STATUS IDENTITY DOCUMENTATION
11. The CSID is being replaced with a new biometric Iraqi National Identity Card - the INID. As a general matter, it is necessary for an individual to have one of these two documents in order to live and travel within Iraq without encountering treatment or conditions which are contrary to Article 3 ECHR. Many of the checkpoints in the country are manned by Shia militia who are not controlled by the GOI and are unlikely to permit an individual without a CSID or an INID to pass.
12. In order to obtain an INID, an individual must personally attend the Civil Status Affairs ("CSA") office at which they are registered to enrol their biometrics, including fingerprints and iris scans. The CSA offices in which INID terminals have been installed are unlikely - as a result of the phased replacement of the CSID system - to issue a CSID, whether to an individual in person or to a proxy. The reducing number of CSA offices in which INID terminals have not been installed will continue to issue CSIDs to individuals and their proxies upon production of the necessary information.
13. Notwithstanding the phased transition to the INID within Iraq, replacement CSIDs remain available through Iraqi Consular facilities but only for those Iraqi nationals who are registered at a CSA office which has not transferred to the digital INID system. Where an appellant is able to provide the Secretary of State with the details of the specific CSA office at which he is registered, the Secretary of State is prepared to make enquiries with the Iraqi authorities in order to ascertain whether the CSA office in question has transferred to the INID system.
14. Whether an individual will be able to obtain a replacement CSID whilst in the UK also depends on the documents available and, critically, the availability of the volume and page reference of the entry in the Family Book in Iraq, which system continues to underpin the Civil Status Identity process. Given the importance of that information, some Iraqi citizens are likely to recall it. Others are not. Whether an individual is likely to recall that information is a question of fact, to be considered against the factual matrix of the individual case and taking account of the background evidence. The Family Book details may also be obtained from family members, although it is necessary to consider whether such relatives are on the father's or the mother's side because the registration system is patrilineal.
15. Once in Iraq, it remains the case that an individual is expected to attend their local CSA office in order to obtain a replacement document. All CSA offices have now re-opened, although the extent to which records have been destroyed by the conflict with ISIL is unclear, and is likely to vary significantly depending on the extent and intensity of the conflict in the area in question.
16. An individual returnee who is not from Baghdad is not likely to be able to obtain a replacement document there, and certainly not within a reasonable time. Neither the Central Archive nor the assistance facilities for IDPs are likely to render documentation assistance to an undocumented returnee.
17. A valid Iraqi passport is not recognised as acceptable proof of identity for internal travel by land.
18. Laissez Passers are confiscated on arrival and will not, for that reason, assist a returnee who seeks to travel from Baghdad to the IKR by air without a passport, INID or CSID. The Laissez Passer is not a recognised identity document for the purpose of internal travel by land.
19. There is insufficient evidence to demonstrate the existence or utility of the 'certification letter' or 'supporting letter' which is said to be issued to undocumented returnees by the authorities at Baghdad International Airport.
20. The 1957 Registration Document has been in use in Iraq for many years. It contains a copy of the details found in the Family Books. It is available in either an individual or family version, containing respectively the details of the requesting individual or the family record as a whole. Where an otherwise undocumented asylum seeker is in contact with their family in Iraq, they may be able to obtain the family version of the 1957 Registration Document via those family members. An otherwise undocumented asylum seeker who cannot call on the assistance of family in Iraq is unlikely to be able to obtain the individual version of the 1957 Registration Document by the use of a proxy.
21. The 1957 Registration Document is not a recognised identity document for the purposes of air or land travel within Iraq. Given the information recorded on the 1957 Registration Document, the fact that an individual is likely to be able to obtain one is potentially relevant to that individual's ability to obtain an INID, CSID or a passport. Whether possession of a 1957 Registration Document is likely to be of any assistance in that regard is to be considered in light of the remaining facts of the case, including their place of registration. The likelihood of an individual obtaining a 1957 Registration Document prior to their return to Iraq is not, without more, a basis for finding that the return of an otherwise undocumented individual would not be contrary to Article 3 ECHR.
22. The evidence in respect of the Electronic Personal Registry Record (or Electronic Registration Document) is presently unclear. It is not clear how that document is applied for or how the data it contains is gathered or provided. On the state of the evidence as it presently stands, the existence of this document and the records upon which it is based is not a material consideration in the evaluation of an Iraqi protection claim.
D. INTERNAL RELOCATION WITHIN GOI-CONTROLLED IRAQ
23. Where internal relocation is raised in the Iraqi context, it is necessary to consider not only the safety and reasonableness of relocation but also the feasibility of that course, in light of sponsorship and residency requirements in operation in various parts of the country. Individuals who seek to relocate within the country may not be admitted to a potential safe haven or may not be permitted to remain there.
24. Relocation within the Formerly Contested Areas . With the exception of the small area identified in section A, the general conditions within the Formerly Contested Areas do not engage Article 15 QD(b) or (c) or Article 3 ECHR and relocation within the Formerly Contested Areas may obviate a risk which exists in an individual's home area. Where relocation within the Formerly Contested Areas is under contemplation, however, the ethnic and political composition of the home area and the place of relocation will be particularly relevant. In particular, an individual who lived in a former ISIL stronghold for some time may fall under suspicion in a place of relocation. Tribal and ethnic differences may preclude such relocation, given the significant presence and control of largely Shia militia in these areas. Even where it is safe for an individual to relocate within the Formerly Contested Areas , however, it is unlikely to be either feasible or reasonable without a prior connection to, and a support structure within, the area in question.
25. Relocation to Baghdad. Baghdad is generally safe for ordinary civilians but whether it is safe for a particular returnee is a question of fact in the individual case. There are no on-entry sponsorship requirements for Baghdad but there are sponsorship requirements for residency. A documented individual of working age is likely to be able to satisfy those requirements. Relocation to Baghdad is likely to be reasonable for Arab Shia and Sunni single, able-bodied men and married couples of working age without children and without specific vulnerabilities. Other individuals are likely to require external support, ie a support network of members of his or her family, extended family or tribe, who are willing and able to provide genuine support. Whether such a support network is available is to be considered with reference to the collectivist nature of Iraqi society, as considered in AAH (Iraqi Kurds - internal relocation) CG [2018] UKUT 212.
E. IRAQI KURDISH REGION
26. There are regular direct flights from the UK to the Iraqi Kurdish Region and returns might be to Baghdad or to that region. It is for the respondent to state whether she intends to remove to Baghdad, Erbil or Sulaymaniyah.
Kurds
27. For an Iraqi national returnee (P) of Kurdish origin in possession of a valid CSID or Iraqi National Identity Card (INID), the journey from Baghdad to the IKR by land is affordable and practical and can be made without a real risk of P suffering persecution, serious harm, or Article 3 ill treatment nor would any difficulties on the journey make relocation unduly harsh.
28. P is unable to board a domestic flight between Baghdad and the IKR without either a CSID, an INID or a valid passport. If P has one of those documents, the journey from Baghdad to the IKR by air is affordable and practical and can be made without a real risk of P suffering persecution, serious harm, or Article 3 ill treatment nor would any difficulties on the journey make relocation unduly harsh.
29. P will face considerable difficulty in making the journey between Baghdad and the IKR by land without a CSID or an INID. There are numerous checkpoints en route, including two checkpoints in the immediate vicinity of the airport. If P has neither a CSID nor an INID there is a real risk of P being detained at a checkpoint until such time as the security personnel are able to verify P's identity. It is not reasonable to require P to travel between Baghdad and IKR by land absent the ability of P to verify his identity at a checkpoint. This normally requires the attendance of a male family member and production of P's identity documents but may also be achieved by calling upon "connections" higher up in the chain of command.
30. Once at the IKR border (land or air) P would normally be granted entry to the territory. Subject to security screening, and registering presence with the local mukhtar, P would be permitted to enter and reside in the IKR with no further legal impediments or requirements. There are no sponsorship requirements for entry or residence in any of the three IKR Governorates for Kurds.
31. Whether P would be at particular risk of ill-treatment during the security screening process must be assessed on a case-by-case basis. Additional factors that may increase risk include: (i) coming from a family with a known association with ISIL, (ii) coming from an area associated with ISIL and (iii) being a single male of fighting age. P is likely to be able to evidence the fact of recent arrival from the UK, which would dispel any suggestion of having arrived directly from ISIL territory.
32. If P has family members living in the IKR cultural norms would require that family to accommodate P. In such circumstances P would, in general, have sufficient assistance from the family so as to lead a 'relatively normal life', which would not be unduly harsh. It is nevertheless important for decision-makers to determine the extent of any assistance likely to be provided by P's family on a case by case basis.
33. For Kurds without the assistance of family in the IKR the accommodation options are limited:
(i) Absent special circumstances it is not reasonably likely that P will be able to gain access to one of the refugee camps in the IKR; these camps are already extremely overcrowded and are closed to newcomers. 64% of IDPs are accommodated in private settings with the vast majority living with family members;
(ii) If P cannot live with a family member, apartments in a modern block in a new neighbourhood are available for rent at a cost of between $300 and $400 per month;
(iii) P could resort to a 'critical shelter arrangement', living in an unfinished or abandoned structure, makeshift shelter, tent, mosque, church or squatting in a government building. It would be unduly harsh to require P to relocate to the IKR if P will live in a critical housing shelter without access to basic necessities such as food, clean water and clothing;
(iv) In considering whether P would be able to access basic necessities, account must be taken of the fact that failed asylum seekers are entitled to apply for a grant under the Voluntary Returns Scheme, which could give P access to £1500. Consideration should also be given to whether P can obtain financial support from other sources such as (a) employment, (b) remittances from relatives abroad, (c) the availability of ad hoc charity or by being able to access PDS rations.
34. Whether P is able to secure employment must be assessed on a case-by-case basis taking the following matters into account:
(i) Gender. Lone women are very unlikely to be able to secure legitimate employment;
(ii) The unemployment rate for Iraqi IDPs living in the IKR is 70%;
(iii) P cannot work without a CSID or INID;
(iv) Patronage and nepotism continue to be important factors in securing employment. A returnee with family connections to the region will have a significant advantage in that he would ordinarily be able to call upon those contacts to make introductions to prospective employers and to vouch for him;
(v) Skills, education and experience. Unskilled workers are at the greatest disadvantage, with the decline in the construction industry reducing the number of labouring jobs available;
(vi) If P is from an area with a marked association with ISIL, that may deter prospective employers.
Non-Kurdish Returnees
35. The ability of non-Kurdish returnees to relocate to the IKR is to be distinguished. There are no sponsorship requirements for entry or residence in Erbil and Sulaymaniyah, although single Arab and Turkmen citizens require regular employment in order to secure residency. Arabs from former conflict areas and Turkmen from Tal Afar are subject to sponsorship requirements to enter or reside in Dohuk. Although Erbil and Sulaymaniyah are accessible for such individuals, particular care must be taken in evaluating whether internal relocation to the IKR for a non-Kurd would be reasonable. Given the economic and humanitarian conditions in the IKR at present, an Arab with no viable support network in the IKR is likely to experience unduly harsh conditions upon relocation there.
DECISION AND REASONS
SECTION A - PROCEDURAL HISTORY
1 - 5 Remittal from the Court of Appeal
6 - 10 Agreed scope of remitted hearing
SECTION B - THE INDIVIDUAL APPELLANTS
11 The appellants' cases in summary
12 The outcome in each case
SECTION C - THE EXPERT EVIDENCE
13 - 21 Dr Rebwar Fatah's written report
SECTION D - SUBMISSIONS
22 - 33 Submissions for the Secretary of State
34 - 49 Submissions for the appellants
SECTION E - ANALYSIS
51 - 54 The INID and CSID
55 - 67 The Ongoing Availability of the CSID
68 - 85 The Likelihood of Recalling (or Obtaining) Family Book Details
86 - 114 The Laissez Passer and the Supporting Letter
115 - 137 The 1957 Registration Document
138 - 143 The Electronic Personal Registry Record (or Electronic Registration Document)
SECTION F - COUNTRY GUIDANCE
144 Amended Country Guidance
SECTION G - DISPOSAL
145 Disposal of both appeals
SECTION H - POSTSCRIPT
146 - 147 Departure from Country Guidance
148 - 155 The structure and content of the June 2020 CPIN
ANNEXES
Annex A - Dr Fatah's oral evidence
Annex B - Specimen Laissez Passer
Annex C - List of sources
A. PROCEDURAL HISTORY
1. On 20 December 2019, this constitution of the Upper Tribunal issued a country guidance decision about Iraq entitled SMO, KSP & IM (Article 15(c); identity documents) Iraq CG [2019] UKUT 400 (IAC). As the title of that decision suggests, it was concerned primarily (although not exclusively) with two subjects. The first was the situation on the ground in Iraq and, in particular, whether the situation in certain parts of the country was such that the return of an individual there would expose that person to a risk contrary to Article 15(c) of the Qualification Directive. We concluded, in basic summary, that the situation did not generally give rise to such a risk although a fact-specific, 'sliding-scale' assessment was necessary in all cases.
(i) 'The sentence' was correct and the Tribunal should reach the same conclusion as regards the ability of an individual to recall or to obtain their Family Book details.
(ii) The 1957 Registration Document provided an additional means of obtaining a CSID or INID but it could not, of itself, be used for travel.
(iii) A list of provinces in which the CSID was still issued was provided. Conflicting evidence had been provided as to whether, and how, a CSID might be applied for within the UK. The position would be clarified with evidence.
(iv) The Electronic Registration Document was also available to Iraqis who wished to apply for an INID but could not attend a Civil Status Affairs office in order to do so.
(v) Contrary to the conclusions in the first decision, a Laissez Passer is valid and acceptable for onward land and air travel within Iraq. Some 80 individuals had also been issued with, and made effective use of, the supporting letter upon return to Baghdad International Airport.
11. In our first decision, we summarised the facts of these appellants' cases in the following way:
[2] The first appellant was born on 1 September 1989. He entered the United Kingdom on 22 March 2016 and claimed asylum. He is from a village called Albu Mohammed in the Daquq District of Kirkuk Governorate. His account of having been targeted by ISIL and of having lost contact with his family in Iraq was rejected by the First-tier Tribunal. The FtT found that his family remained in the family home. The FtT held that there had been a significant change in circumstances in Iraq and departed from AA (Iraq), concluding that the appellant could return to his home area in safety. That conclusion was held by Upper Tribunal Judge O'Connor to be erroneous in law and was set aside, with the primary findings of fact made by the judge at first instance otherwise preserved.
[3] The second appellant was born on 1 November 1989. He entered the United Kingdom on 28 November 2005 and claimed asylum. He is from Tuz Khurmato, the main city of the Duz District in Salah al Din Governorate. His appeal against the respondent's refusal of his asylum claim was dismissed by the FtT, which rejected all aspects of his account other than his claim to have run a barbershop in Tuz Khurmato. The FtT found that there had been a significant change in Iraq since the last country guidance decision and that KSP would not be at risk on return to Salah al Din. On appeal, the latter aspect of the decision was deemed by Upper Tribunal Judge Rintoul to be unsustainable because the FtT had failed to adopt the correct approach to the existing country guidance. Judge Rintoul directed that the decision should be remade in the Upper Tribunal, based on the findings of fact made by the FtT.
23. The first issue concerned the correctness of 'the sentence'. The context was provided by the Tribunal's first decision and by the earlier decision in MK (documents - relocation) Iraq CG [2012] UKUT 126 (IAC). The conclusion reached by the Upper Tribunal in the latter case was based on the general importance of the CSID and the entry in the Family Book. AAH (Iraqi Kurds - internal relocation) Iraq CG UKUT 212 (IAC) contained only an oblique reference to the issue, as reproduced at 9(i) of the headnote to SMO. As matters presently stood, the evidential foundation for the conclusion in 'the sentence' was summarised in the respondent's closing submissions. Those details represent a unifying link to the family in a country in which family is particularly important. The Family Book details were found in other documents and were kept and used regularly.
36. It was not contentious between the parties that there would be many people who would be able to ascertain their Family Book details from a documented family member. The real issue related to those who could not call on the assistance of their family members. The situation in the FtT was unacceptable, and it could not safely be assumed that a person who said that they could not remember their Family Book details was lying, whether in relation to that question or more generally as to their claim. It was in any event a problematic exercise to test whether someone recollected information such as this. The question was likely to be highly subjective, given that some people would necessarily see and use these details more frequently than others. Contrast, on the one hand, a patriarch who regularly handled the family's documents with a farmer who travelled infrequently. It was trite that the plausibility of an account fell to be considered through the spectacles provided by the country information: Y v SSHD [2006] EWCA Civ 1223. Most Iraqis clearly did not believe that they were going to lose their home or their identity documents and it was people in that situation who might find themselves in difficulty, without a CSID or other such document.
40. Mr Bazini expressed concern at the idea that the Tribunal might make reference in its decision to the list of areas in which CSIDs were still being issued. That list would obviously be subject to change and its publication in a country guidance decision risked protection claims being decided on an erroneous basis. It was reasonable to expect it to be updated regularly. It would not be in the spirit of the 1951 Convention for the respondent to fail to do so. It was well established by decisions such as Singh & Ors v Belgium (33210/11) that there was a burden on the respondent in certain circumstances and this should be one such situation. There was even a possibility that the individual areas which had made the transfer to the INID system would transfer back to issuing CSIDs, such were the problems with the new system. It was open to the Tribunal to direct that the respondent should find out whether an individual's home area used the CSID or INID system. The Secretary of State would presumably wish to assist the Tribunal to reach the correct conclusion in this respect.
50. We reserved our decision after hearing these submissions.
Notwithstanding the phased transition to the INID within Iraq, replacement CSIDs remain available through Iraqi Consular facilities. Whether an individual will be able to obtain a replacement CSID whilst in the UK depends on the documents available and, critically, the availability of the volume and page reference of the entry in the Family Book in Iraq, which system continues to underpin the Civil Status Identity process. Given the importance of that information, most Iraqi citizens will recall it. That information may also be obtained from family members, although it is necessary to consider whether such relatives are on the father's or the mother's side because the registration system is patrilineal.
The Ongoing Availability of the CSID
This is the situation with documents before the new system was introduced:-
All Iraqi citizens were able to apply through our missions [sic] applications for renewals or replacements of their CSID.
- For renewals, citizens were required to bring the old one and start a new application through the embassy, or alternatively through a power of attorney and their representative.
- For CSID replacement of lost ones, citizens were required to bring a copy of their CSID or at least the details of the family book and any Iraqi proof of identity (passport current or expired, any documents) or they can alternatively do power of attorney to a representative.
The situation with the new system (INID):-
The new system requires citizens to attend physically to Iraq to issue their INID and so, our missions cannot begin the process of issuing INID's, even through representative, as it is essential that citizens must attend in person to Iraq and apply for INID.
In the case of Iraqi citizens who are unable to travel to Iraq for this purpose and their CSID is invalid or lost, they can apply for ERD by a representative through a power of attorney.
Kirkuk: Hawija, Reyad, Alzaab, Al Abassy and Shoaan
Basrah: Alhartha
Mosul: all departments except Hammam Alalil, Kayara, Tal Afar, Alqosh, Tall Kayf (right and left side), Bartella, Al Hamadaniyyah, Zummar and Rabiaa.
The Likelihood of Recalling (or Obtaining) Family Book Details
68. Having revisited the first two sentences of [13] of the country guidance, we turn to the sentence which prompted the parties to agree that the appeal should be remitted to the Upper Tribunal. To recap, our conclusion was that, given the importance of the volume and page reference in the Family Book, most Iraqi citizens would recall those details. As we understand it, the principal ground of appeal against that conclusion was that it was reached in a procedurally unfair manner, since it had not been squarely addressed in the evidence or submissions before us. We have now received evidence from Dr Fatah and detailed submissions from counsel on the point.
Given the importance of the CSID, we consider it is most unlikely that a person would not have memorised the number of their card or the book number and page number of the family record in the local office, and would hence be able to access the information that would enable a new card to be issued.
71. Dr Fatah was referred to these conclusions when he gave evidence before the Upper Tribunal again in AA (Article 15(c)) Iraq CG [2015] UKUT 544 (IAC). At [13], he was recorded to disagree with this conclusion in MK (Iraq), although he accepted that some people would remember the details. He reasoned that "Iraqi nationals do not need to recall such details because they have to produce the actual identity document when they wish to rely upon it."
77. We accept Dr Fatah's evidence in this regard. We also accept the evidence he gave in relation to his own Family Book details, which was that he was able to recall his original entry but not his more recent one. And we accept his evidence (being evidence of fact, which he is entitled to give for the reason given in Kennedy v Cordia (Services) LLP [2016] UKSC 6; [2016] 1 WLR 597) that he had spoken to a dozen Iraqi friends the evening before the hearing, none of whom could recall their Family Book details.
Civil documentation is necessary for movement in and around Iraq and passage through security checkpoints. Several sources state that individuals without valid identity documentation have restricted freedom of movement and may be at risk of being arrested.
84. Ultimately, therefore, we accept the submission that the requisite analysis is likely to be intensely fact-sensitive. A tribunal of fact need not accept a mere assertion that an individual is unable to recall their Family Book details. A judge considering such an assertion might properly have regard to the individual's age, the frequency with which they will have been required to produce or enter their Family Book details, and any dealings they might have had with officialdom during which those details would have been given, whether in respect of the individual in question or their family members. An assertion that a person cannot recall their Family Book details is to be considered, just like any other assertion made in a protection claim, through the spectacles provided by the country evidence before the tribunal of fact: Y v SSHD [2006] EWCA Civ 1223 refers, at [25]-[26].
85. Despite the concerns expressed by Mr Bazini's juniors, we do not accept that it is inappropriate for a tribunal of fact to find that an individual is not reasonably likely to have told the truth in asserting that he cannot recall his Family Book details. That is a legitimate line of enquiry, leading to a legitimate finding of fact on the lower standard of proof. In the event that an individual is found to have lied in that respect, the lie might or might not be found to be of wider significance: MA (Somalia) & Ors v SSHD [2010] UKSC 49; [2011] Imm AR 292. We do not accept that the reasoning to that effect at [91] of MK (Iraq) was inherently problematic, or that a similar process of reasoning in more recent decisions is necessarily objectionable.
The Laissez Passer and the Supporting Letter
87. Whilst the Laissez Passer featured in the subsequent country guidance case of HM & Ors (Article 15(c)) Iraq CG [2012] UKUT 409 (IAC), its use as a document for internal travel within Iraq was not considered. In AA (Iraq), Dr Fatah gave evidence that a Laissez Passer was not a recognised form of identity document which would enable a person to move around Iraq or to travel onward to the IKR: [12] and [25]. There was no analysis of that evidence, seemingly as a result of the conclusion at [203], that relocation to Baghdad would generally be safe and reasonable for those not originating from that city.
90. The respondent now invites us to depart from that guidance. In order to do so, she must cross the threshold considered at [208]-[211] of our first decision, and in AAR (OLF-MB confirmed) Ethiopia (CG) [2022] UKUT 1 (IAC). We are not considering a situation which is said to have changed but a situation in which a party adduces more evidence which is said to bear on an issue previously resolved against her. Whilst the analysis in EM (Zimbabwe) CG [2011] UKUT 98 (IAC) is not directly on point, therefore, we accept Mr Thomann's submission that it is for the respondent to establish very strong grounds, supported by cogent evidence, to persuade us to depart from the existing country guidance. That test was articulated by Stanley Burnton LJ (with whom Gross and Maurice Kay LJJ agreed) at [47] of SG (Iraq) v SSHD [2012] EWCA Civ 940; [2012] Imm AR 953 and recently restated at [26] of MS Zimbabwe v SSHD [2021] EWCA Civ 941.
... those who return to Baghdad without a CSID and who would be required to travel internally to a CSA office in another area of Iraq to obtain one (or an INID) would be at risk of encountering treatment or conditions which are contrary to Article 3 of the ECHR.
There are not any checkpoints which are not under the control of the central authority or the Iraqi army. All checkpoints are absolutely under the control of the central government or the local governments.
For someone who has completed their sentence for offences unrelated to immigration, the Supporting Letter and the Laissez Passer are adequate and sufficient to have them return home safely with our supervision until they have finally arrived amongst their family and people. There are clear instructions in place for all checkpoints and stations to adopt the laissez passer and the supporting letter for asylum seekers who have returned home.
Iraqi nationals are able to travel internally from Bagdad to destinations such as Erbil, Sulaymaniyah and other areas of Iraq using a Laissez Passer issued by the Iraq Embassy. Furthermore, any travel documents issued by Iraqi Embassy in UK are valid for the passenger to board our flights with no problem at all. Iraqi Airways are the Iraq national carrier and obliged to accept any passenger holding the said documents.
The Laissez Passer document alone is sufficient for travel for the passenger to board our flights with no other supported documents. The Laissez Passer issued by Iraqi Embassy is an official document and enough for any holder to board our flight.
Both airports are accepting laissez-passer (LP) issued by the Iraqi embassy in London;
The LP is a valid identity document for both land and air travel. The airport in Baghdad is not removing the LP from the forced [sic] asylum seeker (FAS) if their final destination is not Baghdad (ie they need to fly-travel to another province within the country);
FAS will only be accepted into Erbil and Sulaymaniyah via air if they are travelling to provinces with the Kurdistan region or Mosul and Kirkuk. But land transportation should not present the same issue.
Iraqi authorities at border entry points, including in the Kurdistan Region of Iraq, recognise an Iraqi Laissez Passer as an official document valid for travel to and entry into Iraq.
It should be noted that the LP is considered a transit document intended to facilitate the individual reaching his/her country of origin. Returnees in possession of a LP issued by an Iraqi Embassy will thus be able to use the document to enter Iraq via its international borders once only. As such, after completing entry procedures border authorities whether in the KR-I or other parts of Iraq will confiscate this document given it is intended for single use. Where the person requires the LP for onward internal travel, whether by land or by air, s/he will need to request its release from the authorities at the initial port of entry, indicating the extent of his/her need for the document. Its release will be at the discretion of the authorities.
In the event that a returnee succeeds in retaining possession of their LP and attempts to rely on it to facilitate onward internal travel by land, there is a high degree of likelihood that s/he may face difficulties crossing checkpoints if they are not also in possession of another valid form of ID [...] given that many of the staff manning the checkpoints will be unfamiliar with the LP document. Authorities at airports are more likely to be familiar with LPs and as such more likely to accept it in case of onward travel by air and in the event a returnee succeeds in retaining possession of their LP.
The Minister did not feel that there would be an issue with internal travel, but immediately called his officials to clarify the process. After discussing it with them he explained that for individuals without other forms of ID, while it would be usual practice to remove the laissez faire passport [sic] on arrival, the Iraqi authorities would then contact that individual's family to come and collect them. Families typically would bring identification documents and the individual would be able to return to their homes with them. He did not feel there would be an issue with individuals returning to their families.
The 1957 Registration Document
CSID cards are being phased out and replaced by INID (Iraq National Identification) cards. It is not currently possible to apply for an INID card outside of Iraq. As a result, the Iraqi embassy in London are advising their nationals in the UK to apply instead for a 'Registration Document (1957)' which they can use to apply for other documents such as passports or an INID card once they have returned to Iraq.
The registration document (1957) must be applied for on the applicant's behalf by a nominated representative in Iraq. In order to start the application, the individual requiring documentation would normally provide at least one copy of a national identity document (see above list Q1, FAS) and complete a power of attorney (to nominate a representative in Iraq) at the Iraqi embassy along with the embassy issued application forms. If they have no copies of identity documents they also would need to complete a British power of attorney validated by the FCO and provide parents names, place and date of birth to their nominated representative in Iraq.
Once issued the nominated representative will send the registration document (1957) to the applicant in the UK. The process takes 1-2 months.
The HO cannot apply for documentation other than Laissez Passers on someone's behalf but the embassy is willing to check to see if the individual already holds documents and provide copies if necessary.
The Registration Document 1957 is temporarily document to be used as alternative document in the event of loss or damage to the CSID or when a long period has passed since its issuance and it is not possible to attend Iraq to get the Iraqi National card.
(...)
The Registration Document 1957 is used as alternative document for the purpose of issuing the passport and it is a temporary solution for Iraqis abroad, but the embassy does not issue this document, we issue the power of attorney to the applicant and he send it to his representative in Iraq in order to apply for his registration document 1957 and then the representative can send the original copy of the registration document 1957 to the applicant abroad in order to use it with embassy.
Any Iraqi passport can be issued according to the applicant's Iraqi documents (CSID or Iraqi National card and Iraqi citizenship certificate), the 1957 registration document will be used an alternative solution instead of the CSID, and the applicant can use his 1957 registration document with his Iraqi citizenship certificate to issue the Iraqi passport. This is also the procedures in Iraq.
(...)
When they apply for a passport and they have an old CSID, the Passports Department will provide them with the support letter to use it with their local departments to issue the 1957 document and they will apply for the passport and submit the 1957 document.
Generally speaking the CSID is valid and recognized in all other transactions and applications with the Iraqi Departments regardless of the issuance date except for the case mentioned above to issue the passport. So in some cases the 1957 document is presented as an alternative to the old CSID in order to issue the passport from inside or outside Iraq.
The returnee can use the 1957 document as a prove of identity when they arrive however to apply for other documents such as INID or passport they don't need this document. They can simply go to the ID department (where the family book exists) and ask to issue the INID then the passport.
The Electronic Personal Registry Record (or Electronic Registration Document)
This document is offered to Iraqis who wish to apply for INID and cannot attend in person to Iraq and present their biometrics that is essential for its issuance. It contains all the Iraqi citizens civil information and offers them an alternative way to prove Iraqi civil status for applying for Iraqi documents such as a passport or INID. This is unrelated to the 1957 document. I will discuss in detail the difference between registration documents in our next meeting.
In the case of Iraqi citizens who are unable to travel to Iraq for this purpose and their CSID is invalid or lost, they can apply for ERD by a representative through a power of attorney.
A. INDISCRIMINATE VIOLENCE IN IRAQ: ARTICLE 15(C) OF THE QUALIFICATION DIRECTIVE
1. There continues to be an internal armed conflict in certain parts of Iraq, involving government forces, various militia and the remnants of ISIL. Following the military defeat of ISIL at the end of 2017 and the resulting reduction in levels of direct and indirect violence, however, the intensity of that conflict is not such that, as a general matter, there are substantial grounds for believing that any civilian returned to Iraq, solely on account of his presence there, faces a real risk of being subjected to indiscriminate violence amounting to serious harm within the scope of Article 15(c) QD.
2. The only exception to the general conclusion above is in respect of the small mountainous area north of Baiji in Salah al-Din, which is marked on the map at Annex D. ISIL continues to exercise doctrinal control over that area and the risk of indiscriminate violence there is such as to engage Article 15(c) as a general matter.
3. The situation in the Formerly Contested Areas ( the governorates of Anbar, Diyala, Kirkuk, Ninewah and Salah Al-Din) is complex, encompassing ethnic, political and humanitarian issues which differ by region. Whether the return of an individual to such an area would be contrary to Article 15(c) requires a fact-sensitive, "sliding scale" assessment to which the following matters are relevant.
4. Those with an actual or perceived association with ISIL are likely to be at enhanced risk throughout Iraq. In those areas in which ISIL retains an active presence, those who have a current personal association with local or national government or the security apparatus are likely to be at enhanced risk.
5. The impact of any of the personal characteristics listed immediately below must be carefully assessed against the situation in the area to which return is contemplated, with particular reference to the extent of ongoing ISIL activity and the behaviour of the security actors in control of that area. Within the framework of such an analysis, the other personal characteristics which are capable of being relevant, individually and cumulatively, to the sliding scale analysis required by Article 15(c) are as follows:
(i) Opposition to or criticism of the GOI, the KRG or local security actors;
(ii) Membership of a national, ethnic or religious group which is either in the minority in the area in question, or not in de facto control of that area;
(iii) LGBTI individuals, those not conforming to Islamic mores and wealthy or Westernised individuals;
(iv) Humanitarian or medical staff and those associated with Western organisations or security forces;
(v) Women and children without genuine family support; and
(vi) Individuals with disabilities.
6. The living conditions in Iraq as a whole, including the Formerly Contested Areas, are unlikely to give rise to a breach of Article 3 ECHR or (therefore) to necessitate subsidiary protection under Article 15(b) QD. Where it is asserted that return to a particular part of Iraq would give rise to such a breach, however, it is to be recalled that the minimum level of severity required is relative, according to the personal circumstances of the individual concerned. Any such circumstances require individualised assessment in the context of the conditions of the area in question.
B. DOCUMENTATION AND FEASIBILITY OF RETURN (EXCLUDING IKR)
7. Return of former residents of the Iraqi Kurdish Region (IKR) will be to the IKR and all other Iraqis will be to Baghdad. The Iraqi authorities will allow an Iraqi national (P) in the United Kingdom to enter Iraq only if P is in possession of a current or expired Iraqi passport relating to P, or a Laissez Passer.
8. No Iraqi national will be returnable to Baghdad if not in possession of one of these documents.
9. In the light of the Court of Appeal's judgment in HF (Iraq) and Others v Secretary of State for the Home Department [2013] EWCA Civ 1276 , an international protection claim made by P cannot succeed by reference to any alleged risk of harm arising from an absence of a current or expired Iraqi passport or a Laissez passer, if the Tribunal finds that P's return is not currently feasible on account of a lack of any of those documents.
10. Where P is returned to Iraq on a Laissez Passer or expired passport, P will be at no risk of serious harm at the point of return by reason of not having a current passport.
C. CIVIL STATUS IDENTITY DOCUMENTATION
11. The CSID is being replaced with a new biometric Iraqi National Identity Card - the INID. As a general matter, it is necessary for an individual to have one of these two documents in order to live and travel within Iraq without encountering treatment or conditions which are contrary to Article 3 ECHR. Many of the checkpoints in the country are manned by Shia militia who are not controlled by the GOI and are unlikely to permit an individual without a CSID or an INID to pass.
12. In order to obtain an INID, an individual must personally attend the Civil Status Affairs ("CSA") office at which they are registered to enrol their biometrics, including fingerprints and iris scans. The CSA offices in which INID terminals have been installed are unlikely - as a result of the phased replacement of the CSID system - to issue a CSID, whether to an individual in person or to a proxy. The reducing number of CSA offices in which INID terminals have not been installed will continue to issue CSIDs to individuals and their proxies upon production of the necessary information.
13. Notwithstanding the phased transition to the INID within Iraq, replacement CSIDs remain available through Iraqi Consular facilities but only for those Iraqi nationals who are registered at a CSA office which has not transferred to the digital INID system. Where an appellant is able to provide the Secretary of State with the details of the specific CSA office at which he is registered, the Secretary of State is prepared to make enquiries with the Iraqi authorities in order to ascertain whether the CSA office in question has transferred to the INID system.
14. Whether an individual will be able to obtain a replacement CSID whilst in the UK also depends on the documents available and, critically, the availability of the volume and page reference of the entry in the Family Book in Iraq, which system continues to underpin the Civil Status Identity process. Given the importance of that information, some Iraqi citizens are likely to recall it. Others are not. Whether an individual is likely to recall that information is a question of fact, to be considered against the factual matrix of the individual case and taking account of the background evidence. The Family Book details may also be obtained from family members, although it is necessary to consider whether such relatives are on the father's or the mother's side because the registration system is patrilineal.
15. Once in Iraq, it remains the case that an individual is expected to attend their local CSA office in order to obtain a replacement document. All CSA offices have now re-opened, although the extent to which records have been destroyed by the conflict with ISIL is unclear, and is likely to vary significantly depending on the extent and intensity of the conflict in the area in question.
16. An individual returnee who is not from Baghdad is not likely to be able to obtain a replacement document there, and certainly not within a reasonable time. Neither the Central Archive nor the assistance facilities for IDPs are likely to render documentation assistance to an undocumented returnee.
17. A valid Iraqi passport is not recognised as acceptable proof of identity for internal travel by land.
18. Laissez Passers are confiscated on arrival and will not, for that reason, assist a returnee who seeks to travel from Baghdad to the IKR by air without a passport, INID or CSID. The Laissez Passer is not a recognised identity document for the purpose of internal travel by land.
19. There is insufficient evidence to demonstrate the existence or utility of the 'certification letter' or 'supporting letter' which is said to be issued to undocumented returnees by the authorities at Baghdad International Airport.
20. The 1957 Registration Document has been in use in Iraq for many years. It contains a copy of the details found in the Family Books. It is available in either an individual or family version, containing respectively the details of the requesting individual or the family record as a whole. Where an otherwise undocumented asylum seeker is in contact with their family in Iraq, they may be able to obtain the family version of the 1957 Registration Document via those family members. An otherwise undocumented asylum seeker who cannot call on the assistance of family in Iraq is unlikely to be able to obtain the individual version of the 1957 Registration Document by the use of a proxy.
21. The 1957 Registration Document is not a recognised identity document for the purposes of air or land travel within Iraq. Given the information recorded on the 1957 Registration Document, the fact that an individual is likely to be able to obtain one is potentially relevant to that individual's ability to obtain an INID, CSID or a passport. Whether possession of a 1957 Registration Document is likely to be of any assistance in that regard is to be considered in light of the remaining facts of the case, including their place of registration. The likelihood of an individual obtaining a 1957 Registration Document prior to their return to Iraq is not, without more, a basis for finding that the return of an otherwise undocumented individual would not be contrary to Article 3 ECHR.
22. The evidence in respect of the Electronic Personal Registry Record (or Electronic Registration Document) is presently unclear. It is not clear how that document is applied for or how the data it contains is gathered or provided. On the state of the evidence as it presently stands, the existence of this document and the records upon which it is based is not a material consideration in the evaluation of an Iraqi protection claim.
D. INTERNAL RELOCATION WITHIN GOI-CONTROLLED IRAQ
23. Where internal relocation is raised in the Iraqi context, it is necessary to consider not only the safety and reasonableness of relocation but also the feasibility of that course, in light of sponsorship and residency requirements in operation in various parts of the country. Individuals who seek to relocate within the country may not be admitted to a potential safe haven or may not be permitted to remain there.
24. Relocation within the Formerly Contested Areas . With the exception of the small area identified in section A, the general conditions within the Formerly Contested Areas do not engage Article 15 QD(b) or (c) or Article 3 ECHR and relocation within the Formerly Contested Areas may obviate a risk which exists in an individual's home area. Where relocation within the Formerly Contested Areas is under contemplation, however, the ethnic and political composition of the home area and the place of relocation will be particularly relevant. In particular, an individual who lived in a former ISIL stronghold for some time may fall under suspicion in a place of relocation. Tribal and ethnic differences may preclude such relocation, given the significant presence and control of largely Shia militia in these areas. Even where it is safe for an individual to relocate within the Formerly Contested Areas , however, it is unlikely to be either feasible or reasonable without a prior connection to, and a support structure within, the area in question.
25. Relocation to Baghdad. Baghdad is generally safe for ordinary civilians but whether it is safe for a particular returnee is a question of fact in the individual case. There are no on-entry sponsorship requirements for Baghdad but there are sponsorship requirements for residency. A documented individual of working age is likely to be able to satisfy those requirements. Relocation to Baghdad is likely to be reasonable for Arab Shia and Sunni single, able-bodied men and married couples of working age without children and without specific vulnerabilities. Other individuals are likely to require external support, ie a support network of members of his or her family, extended family or tribe, who are willing and able to provide genuine support. Whether such a support network is available is to be considered with reference to the collectivist nature of Iraqi society, as considered in AAH (Iraqi Kurds - internal relocation) CG [2018] UKUT 212.
E. IRAQI KURDISH REGION
26. There are regular direct flights from the UK to the Iraqi Kurdish Region and returns might be to Baghdad or to that region. It is for the respondent to state whether she intends to remove to Baghdad, Erbil or Sulaymaniyah.
Kurds
27. For an Iraqi national returnee (P) of Kurdish origin in possession of a valid CSID or Iraqi National Identity Card (INID), the journey from Baghdad to the IKR by land is affordable and practical and can be made without a real risk of P suffering persecution, serious harm, or Article 3 ill treatment nor would any difficulties on the journey make relocation unduly harsh.
28. P is unable to board a domestic flight between Baghdad and the IKR without either a CSID, an INID or a valid passport. If P has one of those documents, the journey from Baghdad to the IKR by air is affordable and practical and can be made without a real risk of P suffering persecution, serious harm, or Article 3 ill treatment nor would any difficulties on the journey make relocation unduly harsh.
29. P will face considerable difficulty in making the journey between Baghdad and the IKR by land without a CSID or an INID. There are numerous checkpoints en route, including two checkpoints in the immediate vicinity of the airport. If P has neither a CSID nor an INID there is a real risk of P being detained at a checkpoint until such time as the security personnel are able to verify P's identity. It is not reasonable to require P to travel between Baghdad and IKR by land absent the ability of P to verify his identity at a checkpoint. This normally requires the attendance of a male family member and production of P's identity documents but may also be achieved by calling upon "connections" higher up in the chain of command.
30. Once at the IKR border (land or air) P would normally be granted entry to the territory. Subject to security screening, and registering presence with the local mukhtar, P would be permitted to enter and reside in the IKR with no further legal impediments or requirements. There are no sponsorship requirements for entry or residence in any of the three IKR Governorates for Kurds.
31. Whether P would be at particular risk of ill-treatment during the security screening process must be assessed on a case-by-case basis. Additional factors that may increase risk include: (i) coming from a family with a known association with ISIL, (ii) coming from an area associated with ISIL and (iii) being a single male of fighting age. P is likely to be able to evidence the fact of recent arrival from the UK, which would dispel any suggestion of having arrived directly from ISIL territory.
32. If P has family members living in the IKR cultural norms would require that family to accommodate P. In such circumstances P would, in general, have sufficient assistance from the family so as to lead a 'relatively normal life', which would not be unduly harsh. It is nevertheless important for decision-makers to determine the extent of any assistance likely to be provided by P's family on a case by case basis.
33. For Kurds without the assistance of family in the IKR the accommodation options are limited:
(i) Absent special circumstances it is not reasonably likely that P will be able to gain access to one of the refugee camps in the IKR; these camps are already extremely overcrowded and are closed to newcomers. 64% of IDPs are accommodated in private settings with the vast majority living with family members;
(ii) If P cannot live with a family member, apartments in a modern block in a new neighbourhood are available for rent at a cost of between $300 and $400 per month;
(iii) P could resort to a 'critical shelter arrangement', living in an unfinished or abandoned structure, makeshift shelter, tent, mosque, church or squatting in a government building. It would be unduly harsh to require P to relocate to the IKR if P will live in a critical housing shelter without access to basic necessities such as food, clean water and clothing;
(iv) In considering whether P would be able to access basic necessities, account must be taken of the fact that failed asylum seekers are entitled to apply for a grant under the Voluntary Returns Scheme, which could give P access to £1500. Consideration should also be given to whether P can obtain financial support from other sources such as (a) employment, (b) remittances from relatives abroad, (c) the availability of ad hoc charity or by being able to access PDS rations.
34. Whether P is able to secure employment must be assessed on a case-by-case basis taking the following matters into account:
(i) Gender. Lone women are very unlikely to be able to secure legitimate employment;
(ii) The unemployment rate for Iraqi IDPs living in the IKR is 70%;
(iii) P cannot work without a CSID or INID;
(iv) Patronage and nepotism continue to be important factors in securing employment. A returnee with family connections to the region will have a significant advantage in that he would ordinarily be able to call upon those contacts to make introductions to prospective employers and to vouch for him;
(v) Skills, education and experience. Unskilled workers are at the greatest disadvantage, with the decline in the construction industry reducing the number of labouring jobs available;
(vi) If P is from an area with a marked association with ISIL, that may deter prospective employers.
Non-Kurdish Returnees
35. The ability of non-Kurdish returnees to relocate to the IKR is to be distinguished. There are no sponsorship requirements for entry or residence in Erbil and Sulaymaniyah, although single Arab and Turkmen citizens require regular employment in order to secure residency. Arabs from former conflict areas and Turkmen from Tal Afar are subject to sponsorship requirements to enter or reside in Dohuk. Although Erbil and Sulaymaniyah are accessible for such individuals, particular care must be taken in evaluating whether internal relocation to the IKR for a non-Kurd would be reasonable. Given the economic and humanitarian conditions in the IKR at present, an Arab with no viable support network in the IKR is likely to experience unduly harsh conditions upon relocation there.
145. Whilst this hearing provided an opportunity to reconsider the correctness of 'the sentence' and to consider other issues about documentation in Iraqi protection claims, we were not invited to depart from the conclusions we reached in respect of the individual appellants, at [426]-[438] of our first decision. Their appeals will accordingly be remitted to the First-tier Tribunal, to be considered in light of the country guidance as it now stands.
146. As we have recorded above, we were invited by Mr Bazini to restate the law on departure from country guidance. We were somewhat surprised by that request. The proper approach is stated in countless authorities of the Upper Tribunal and the Court of Appeal, including those which we cited at [208]-[211] of our first decision and, more recently, AAR (OLF - MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC). Whether a judge is invited by the respondent or by an appellant to depart from a country guidance decision, she must only do so where that departure is justified by very strong grounds supported by cogent evidence. In the absence of evidence of the required cogency, the country guidance must be followed.
147. Mr Bazini said that he was prompted to make that submission by the experience of his juniors, who were concerned that there was a tendency on the part of judges of the FtT to depart too readily from country guidance at the request of the respondent. We have seen no evidence in support of that contention and we decline to consider it any further, other than to restate the Court of Appeal's endorsement of the Immigration Appeal Tribunal's conclusion that ' any failure to apply a CG decision unless there was good reason, explicitly stated, for not doing so would constitute an error of law in that a material consideration had been ignored or legally inadequate reasons for the decision had been given. ': R (Iran) & Ors v SSHD [2005] EWCA Civ 982; [2005] Imm AR 535, at [27].
Read the determination and the annexes for further information about the evidence issued in the Country Guidance case of SMO, KSP and IM (Article 15(c); identity documents) CG Iraq [2019] UKUT 400 (IAC).
Notice of Decision
The appeals are allowed and remitted to the First-tier Tribunal for further findings of fact to be made.
Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008
Unless and until a Tribunal or court directs otherwise, the appellants are granted anonymity. No report of these proceedings shall directly or indirectly identify them or any member of their family. This direction applies both to the appellants and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.
M.J.Blundell
Judge of the Upper Tribunal
Immigration and Asylum Chamber
ANNEX A - Dr Fatah's Oral Evidence
1. Mr Bazini had no questions for Dr Fatah.
2. In cross-examination, he was asked firstly about his interlocutors in Iraq. He confirmed that he had spoken to the Director General of Citizenship and Residency in the IKR and an official from the Department of Cooperation and Follow-up under the Ministry of Interior. He had talked to various other individuals, including generals, former judges and lawyers. These were people who were no longer in 'decision positions' but they were aware of the situation. He had not made reference to these specific sources in his report.
3. Dr Fatah had not spoken to anyone at the airport in Baghdad or anyone in the ministries. Nor had he spoken to the Iraqi Embassy in London in connection with this report, although he had been in touch in connection with an earlier report. He had not spoken to Iraqi Airways. He drew on his two Kurdish sources and his general experience over 60 years. He was able to state his knowledge of the country.
4. Dr Fatah was asked about the volume numbers in the Family Books. He confirmed that the volume number may be linked to the geographical area from which the individual originates. The page number was representative of the order in which the family was recorded. The numbers were not abstract, therefore, and he had spoken about the Family Books in other country guidance cases. There was cross-referencing throughout the books; you could not get lost. An individual with a new page would be able to trace back to their family's original page and there would be links, to death certificates, for example. The unifying link would be to the parents and every family event would be logged in the book.
5. Births, deaths and marriages would be recorded in the Family Book and a child who wished to attend school would need to have a record. The volume and page reference would be on a death certificate and a CSID. A birth certificate issued by a hospital would bear the Family Book details for the parents of the child. A marriage certificate would also bear the Family Book details for the parents of the bride and groom, and this would assist in opening a new entry for the married couple.
6. Asked about the sort of transactions during which the Family Book details would have to be given, Dr Fatah stated that the CSID was used for travel. It would be customary to produce these details when entering a contract for the purchase of a house, for example. Where a record of these details was to be kept (in the case of a marriage, for example) it would be for the clerk to record the relevant details on the form. They would also take a copy of the identity document. Mr Thomann suggested to Dr Fatah that the volume and page reference would tend to 'stick in the mind' as a result of its significance and the frequency with which it was required. Dr Fatah stated that it was 'more psychological' than had been suggested. He was not able to remember his most recent entry. He had asked twelve people, none of whom could remember. He could not speak for everyone and it was not appropriate to generalise. He suspected that fathers might remember more than others because they generally took care of the family documents. If you go through a checkpoint, they would require a CSID. It contains many details including the name of the office which issued it, the name of the individual's mother and other such details. It is quite a sophisticated document and it defines who you are. In the case of a married woman, it would give the place of the husband's registration. Dr Fatah based his statements on his experience. He did not accept that an individual would be likely to memorise their Family Book details so that they had a 'route back'; the person would know where they were born and where they were registered (which might be two different locations) and they would know their roots in that way. If an individual was unable to recall the volume and the page reference, they would be likely to be able to find a cross reference, particularly with the assistance of a mukhtar. If someone was displaced and lost their documents they might be able to secure new documentation with the assistance of a mukhtar in their local area but the position was different for an individual as compared to a person in an IDP camp containing thousands of people. IDPs in camps give full details and are interviewed extensively by officials so as to provide a pragmatic solution to the 'massive problem' of undocumented IDPs. The situation for an individual was not comparable to that of the IDPs.
7. Dr Fatah agreed that an Iraqi citizen without a CSID had a number of possibilities for locating the relevant details. They might recall their volume and page number or be able to find it on another document or they could ask a family member so that their details could be traced back through the register. Mr Thomann suggested that the number of people who could not obtain the Family Book details in this way would be small. Dr Fatah agreed, in the case of those within Iraq but said that it would be different for asylum seekers who had lost contact with their family members.
8. Answering clarificatory questions from the Tribunal, Dr Fatah stated that an individual would have to produce their CSID if they entered a business contract or took out a loan. There is no concept of insurance in Iraq and medical services would be paid for in cash. A student would need to provide CSID details to enrol at school or university. The Public Distribution System required the head of the family to produce cards for the whole family, as he had said in 2012. The food system is important and the elections turn on it. The place of registration related to where the family had first been registered in 1957 (when the system began). The volume number on the CSID would be marked with an 'm' where the person was the child of the individual with the original entry in the Family Book. His own volume number was accordingly XXXXy. Dr Fatah agreed that there was not very much to remember. The CSID would have to be available at all checkpoints, although they would not always ask to see it. The Family Book details would not be written down regularly by an individual but they would be on their CSID. You could spot a fake CSID card from the absence of letterpress numbers.
9. In questions arising from our own, Mr Thomann asked Dr Fatah whether, in light of a Landinfo report, he was aware that hospitals might need to see a CSID. He could not recall having heard of that. He was sure that one would be needed for buying a house but not sure if one would be needed for buying a car. It would be needed to access a bank account but not many people had a bank account in Iraq.
10. Mr Thomann asked Dr Fatah questions about the 1957 Registration Document. He did not initially recognise the document which was presented to him but then thought that it was a copy of the civil register. He was aware that these were available as individual records but there were also family records. He had not previously seen an individual one; the family one was more popular and he had seen it on many occasions. Dr Fatah confirmed that a second document in the respondent's bundle was the family version. It was often requested by government departments as it showed the composition of the family. The copy in the respondent's bundle had been issued in a town outside Sulmaniyah. At the top of the document it stated that it was a copy of the civil register. The document could be used for different purposes, such as securing a pension. In Iraq it was called 'Copy of the Family Record'. It represented the page in the civil register.
11. Mr Thomann suggested to Dr Fatah that the 1957 Registration Document might 'fill a gap' in the event that someone did not have a CSID or INID. Dr Fatah stated that he had never in his life seen anyone at a checkpoint with a document of this nature. The document is not an identity document and those manning a checkpoint would ask for a proper identity document in the event that it was presented to them. In any event, a person would have to have a CSID or INID in order to obtain a 1957 Registration Document. Mr Thomann explained that no one was suggesting that the 1957 Registration Document could be used for travelling but that it might be used to renew a passport if a person did not have a CSID. Dr Fatah could not understand this suggestion. A person who was able to obtain a 1957 Registration Document would already have a CSID.
12. Mr Thomann suggested that the 1957 Registration Document might be of assistance to a person who had an expired CSID. Dr Fatah could not understand, in those circumstances, how the individual would obtain a 1957 Registration Document. Mr Thomann persisted, suggesting that the individual might be able to obtain a 1957 Registration Document with the type of information which would otherwise be required to get a CSID or an INID. Dr Fatah stated that an individual would still require an acceptable form of identity document in order to get a 1957 Registration Document. They could not secure a power of attorney without a CSID or INID. If the Iraqi Embassy stated that a British power of attorney was acceptable, he was in no position to dispute that. In order to obtain an Iraqi power of attorney, however, a CSID or INID would be required. Dr Fatah did not accept that only one of the documents listed by the respondent was necessary; his daughter's birth certificate did not prove that she was Iraqi. In order to get an IRC, he thought that many documents would be required but, again, he was not in a position to disagree with the Embassy. It was always to be recalled that the Embassy was part of the Department of Foreign Affairs, whereas these were questions of documentation and fell under a separate department.
13. Dr Fatah accepted that he had made no specific enquiries about the means by which a 1957 Registration Document might be obtained. He considered the question unfair, though. Although he might not have made specific enquiries before the hearing, he knew about the document, the existence of which went back to 1957. He thought that it was a simple document which could be obtained with a CSID and he did not understand its relevance in the context under consideration.
14. Answering clarificatory questions from the Tribunal, Dr Fatah stated that the primary purpose of the 1957 Registration Document was to demonstrate the composition of, and any changes in, the family. It was for pensions and such things. A person who was able to obtain such a document would already be well documented and the mention of it in this context was bemusing. Whilst it was correct to assert that a person with family in Iraq should be able to obtain a 1957 Registration Document, the same was true of a CSID. Given that the CSID was no longer issued throughout Iraq, it could be of some use in those circumstances. The 1957 Registration Document would be obtained from the Civil Status Department and could be obtained by a family member with a CSID.
15. Mr Thomann asked Dr Fatah questions about the rollout of the INID. Dr Fatah was in no position, he said, to dispute the list of places (in Kirkuk, Basrah and Mosul) in which the CSID was still being issued. He had been told about the shortages of INIDs by an interlocutor and it was as a result of that shortage that the CSIDs continued to be issued. CSIDs continued to be issues in Erbil for that reason. It remained the case that an applicant for an INID was required to travel to the CSA office with their documents. Dr Fatah thought that the process for acquiring an INID might be simpler than was suggested by the respondent. A form was filled in, the CSID or INC was presented. Fingerprints and iris scans were taken.
16. Mr Thomann asked Dr Fatah about the situation of a person who returned to Iraq without a CSID. If they had their father or brother's CSID and a 1957 Registration Document, that would establish who they were, he suggested. Dr Fatah suggested that the individual's father or brother would need to go with them, maybe the mukhtar as well. It might be necessary for two witnesses to go to court. There was a procedure.
17. Mr Thomann asked Dr Fatah about the Laissez Passer. He accepted that Iraqi Airways were bound to accept the document if returning a person to Iraq. He queried why a person would need a Laissez Passer to take an internal flight; they would usually use a CSID. As far as he was aware, a Laissez Passer was for a single trip to Iraq. It is confiscated upon landing. An internal flight could not be booked from the UK and he queried whether an internal flight could be booked using a Laissez Passer. He was aware of a couple of cases of people returning on Laissez Passers, one of whom was his sister, who had lost her passport. If the airline said that a Laissez Passer could be used to book an internal flight, he was not really familiar and he could not contradict what was said. He travelled internally using his CSID. He did not know if the situation was monitored.
18. Dr Fatah said that he had never heard of a support letter. Mr Thomann suggested that it was to assist undocumented individuals, who would be allowed to go on their way with a Laissez Passer and a support letter. Dr Fatah was not 'really aware' of these letters. He was not aware of any working group which assists returnees. He knew that there was a group which assisted IDPs but he was not aware of any such group for failed asylum seekers. He was not familiar with any process by which a failed asylum seeker arriving at Baghdad International Airport would be given a letter to ease his passage through checkpoints.
19. Mr Thomann asked Dr Fatah about the issuance of a document which he had described in his report as a 'do not interfere' document. He said that he had been told that if someone landed at the airport in Erbil and told the truth about his origins during an interview, he might be given such a document. The officials would check his dialect and might ask him to call his relatives. If they were satisfied then the returnee might be given a letter which stated, Arab to Arab, that he should not be interfered with. The letter would have a timescale within which the person must obtain an identity document. Dr Fatah was not aware of any difficulties regarding the use of such a document in the Kurdish region. He was aware of this process in Erbil but he was not aware of any such process in the government-controlled part of Iraq, which he considered to be different. Mr Thomann pointed out that it had been said by the Iraqi authorities that this process had been used in 80 or so cases. Dr Fatah was not aware of these cases but he was not in a position to dispute it. He remained unfamiliar with the idea of people travelling through checkpoints with a letter and not an identity document.
20. Dr Fatah was not convinced that a Laissez Passer could be used to book an internal flight within Iraq. He had seen a version of a Laissez Passer in the past, although it was not as colourful as the one to which his attention as directed by Mr Thomann. He was doubtful that the authorities would facilitate onward travel in any way. He had discussed this with the airport authorities in Erbil, who had said that there was some confusion and that for security reasons, they were not able to offer an onward taxi service for returnees. Asked by Dr Fatah about the assertion in the respondent's evidence that all checkpoints were under centralised control, Dr Fatah was dismissive. What was painted was a very organised picture of Iraq but the reality was not like that. The checkpoints were controlled by different groups in different places. Their backgrounds were not checked by the police. It was too much to suggest that there was a central team in Iraq which organised onward travel for returnees. Dr Fatah accepted that his interlocutor was in Kurdistan and that his description of processes related to Kurdistan. Erbil was more organised than Baghdad, he said. He had 20 years' experience as an expert on Iraq as a whole, however, and it was wrong to suggest that he needed to have actual experiences in order to speak with certainty.
21. Asked about the Electronic Personal Registry Record, Dr Fatah confirmed the statement in his report that he was not aware of Electronic Registration Documents. He thought that it was likely to be connected to the INID system. He still used his CSID and was not aware of this system. He thought that anyone who had the new card would be on the database from which this record was taken. It was not to be confused with the 1957 records. Dr Fatah agreed that one of the other documents in the respondent's bundle was an INID card; it contained a family number, which was not a feature of the CSID. Dr Fatah was asked to compare and contrast the information on the Electronic Personal Registry Record with that which appeared on the INID. He thought that there was additional information on the reverse of the INID. He accepted that the national number did not appear on the INID, whereas it did appear on the Electronic Personal Registry Record. He also accepted that blood group appeared on the INID, whereas it was absent from the Electronic Personal Registry Record. Further, he accepted that there was no field for religion on the INID, whereas it did appear on the Electronic Personal Registry Record.
22. Returning to the Electronic Personal Registry Record after the short adjournment, Dr Fatah noted that there was a twelve digit number on the INID, although it did not state that it was the national number. Dr Fatah remained of the opinion that the Electronic Personal Registry Record was based on the records collected at the time that the individual enrolled their biometrics for the INID. He did accept, however, that the INID had no field for 'orphan status', 'religion' or 'distinguishing marks'. Mr Thomann therefore suggested to Dr Fatah that it was unlikely that the two documents were related as he had suggested. Dr Fatah protested that he was not fighting a corner. The Electronic Personal Registry Record had much more information that the card. He noted that there was no reference to fingerprints or iris scans on either document, although it was well established that the INID contained these biometrics. The two numbers which had not previously been used showed that the two systems had the same base.
23. Mr Thomann put to Dr Fatah that the personal record was actually not a transcript of the INID records. He accepted that the two documents contained different elements; they were not 'one to one'. He maintained that the Electronic Personal Registry Record was not simply based on the CSID. It was more likely that it was based on the INID records. He thought it likely that the identity document relied on the information on the civil register. It was not controversial that the information on the INID could not be taken from the registry record, since the Electronic Personal Registry Record did not contain a person's blood group, for example. Nor was there a date of issue or date of expiry on the Electronic Personal Registry Record. Dr Fatah opined that the date of issue would be the date on which the INID was issued, not the date on which the details were entered on the system.
24. Dr Fatah was asked to consider communications between the respondent and the Iraqi authorities and it was suggested to him that the purpose of the Electronic Personal Registry Record was to assist those who did not have a CSID or INID. Dr Fatah was not familiar with this idea. He had been involved in every CG case since 2004. He had spoken about the Central Archive in the past and he was not aware of any other electronic records. It was now suggested that a person who had no chance of getting an INID could benefit from an Electronic Personal Registry Record. He was not familiar with the process of digitisation. Nor did he believe that the Iraqi Embassy would understand it. They did not have a clue, he added. He suggested that the respondent should have put her questions to the national records in Baghdad. Mr Thomann suggested that one hypothesis was that the civil register was transcribed so as to become part of the Electronic Personal Registry Record. Dr Fatah did not accept that; the family number and the national number did not exist in the civil register.
25. Mr Thomann suggested that Dr Fatah's opinion in this respect was merely guesswork, and that it was demonstrably wrong. The correct deduction was actually that the Electronic Personal Registry Record had been created to address the difficulty which resulted from the fact that a person's physical presence was required in order to enrol for an INID. Dr Fatah thought that this was incorrect. He did not think that the Iraqi authorities would put such a measure in place for a handful of asylum seekers who had documentation problems. If the embassy suggested otherwise, that was merely words. The Embassy was merely making a political statement; what would be more helpful would be an indication of how many people had actually used this claimed facility.
26. Dr Fatah agreed that one of the critical points in considering any question of redocumentation was how long it would take to obtain a replacement document. In considering that question, he accepted that family support during that period was a relevant consideration. Another consideration was the security situation in the area in question and the number of checkpoints en route to that area from BIAP. Also relevant was the likely composition of any security forces manning those checkpoints. Another relevant consideration was whether the individual knew or had access to their volume and page reference and /or whether they could obtain a 1957 Registration Document or an Electronic Personal Registry Record. In the latter connection, Dr Fatah stated that he had made his point. He remained of the opinion that the Electronic Personal Registry Record was derived from the INID system. Asked about the alternative possibility (that there were two separate systems), Dr Fatah's view was that matters were not as straightforward as the respondent suggested. He noted that there was no information about the 80 individuals who had supposedly benefited from this system. He was confused by the proliferation of different systems supposedly in place in Iraq and he was concerned that the Iraq authorities were trying to hide behind a smokescreen. He felt that it was nothing more than politics. He accepted that the country was moving from a paper system to an electronic system of identity but he still used his CSID. If a person had a copy of their CSID and a person to assist them in Iraq, they should be able to get a replacement identity document.
27. Re-examined by Mr Bazini, Dr Fatah stated that the Laissez Passer is not an identity document like the CSID or INC. He was not able to speak about every checkpoint but it was possible that a Laissez Passer would not be recognised by a militiaman as an acceptable identity document at a checkpoint. The normal procedure was that an individual would not be able to pass without an acceptable form of ID but the militia might allow you to phone your family. The situation was comparable to the UK; certain types of identity document would be acceptable at the Post Office, for example, and others would not be. In Iraq you would be detained until you could prove who you were.
28. Dr Fatah underlined the importance of ethnic allegiances. An individual called Ali (a Shia name) might be able to negotiate his way through checkpoints whereas an individual called Ummer (a Sunni name) might be in more difficulty. Similarly, a person who spoke no Arabic would be more likely to be in difficulty than a person who was fluent. Equally, the level of scrutiny at each checkpoint might vary by the day or the hour. There were regular security briefings and those manning the checkpoints might, depending on the content of the briefing, be more likely to scrutinise particular people or groups. Dr Fatah was not aware of anyone who had travelled internally to the IKR using a Laissez Passer. Nor was he aware of anyone having returned voluntarily to the IKR using a Laissez Passer. He had written about the 'do not interfere' document in his report but he was not aware of the type of person to whom it was issued. He did not know whether it had been issued to voluntary returnees or enforced returnees. All that he had been told was that they were issued to people who spoke Kurdish and were able to establish that they were from that region. The document gave a status akin to being on bail. The document would be of no use to a person outside the IKR. On reflection, Dr Fatah thought that it would probably only be valid for the areas governed by the authority which issued the document. The PUK would not recognise a KDP document, and vice versa.
29. As for the 'support letter', Dr Fatah thought it surprising that it was suggested that it had been used successfully since 2014. It had to be accepted that Iraq was governed in a fragmented way and that there were many authorities in control. He questioned what was meant by the assertion that the government of Iraq was in control of the checkpoints. The KDP was essentially tribal. They could assert their authority but not as far as Sulaymaniyah. A power conferred in Baghdad might hold no sway with the Shia militia in another part of the country. The militia were not a security or a defence force. There were many different groups, some of which had links to Iran. It was they who had been responsible for the bombing of the embassy in Erbil. It was fallacious to suggest that one letter could take you from Baghdad around the country. It was merely a political statement to assert that all checkpoints were under the control of the government. That was not the Iraq he knew. There were many different groups in power in the country. And the election would divide matters still further. A politician was bound to say that the country was unified.
30. Dr Fatah's view was that the Electronic Personal Registry Record was unrelated to the 1957 Registration Document. Any Iraqi national had to have an entry in the Family Books. The importance of it was such that people travelled back to Iraq in 1957 in order to be included. If he had missed the registration, he could not be Iraqi and his children could not be Iraqi. Mr Bazini invited Dr Fatah to assume for the sake of argument that there was such a thing as an Electronic Personal Registry Record. On the basis of that assumption, he asked what information would have to be provided in order to obtain such a document. Dr Fatah could not understand why such hypotheses were necessary. The CSID system was on paper but it was very organised. The new system just looked good. Nobody would recognise the Electronic Personal Registry Record. He had a contact who was very high up in the security sector in the IKR. He had handed him a British passport, only to be met with the response 'Haven't you got something Kurdish?' It was incidents such as that which kept these supposed new developments in perspective. Getting an identity document should not be a complicated matter if you are an Iraqi national, Dr Fatah added.
ANNEX C - List of Sources (by date)
|
Date |
Title |
Author /Source |
|
|
|
|
|
|
Example Documents, comprising 1957 Registration Documents, Electronic Registration Documents, Family Book excerpt, INID card, Laissez Passers |
|
|
Sep 2018 |
Country Policy and Information Note, Iraq: Internal relocation, civil documentation and returns |
Home Office |
|
? Sep 2019 |
Minutes of Meeting of Home Office Delegation to Iraq |
Home Office |
|
19 Sep 2019 |
PUK says top official blocked |
Rudaw |
|
31 Jan 2020 |
Letter from Home Office to GSA Office of Iraqi Airways in UK |
Home Office |
|
5 Feb 2020 |
Email chain, Home Office and Iraq Airways concerning Laissez Passer |
Home Office |
|
8 Apr 2020 |
Email chain Iraqi Embassy UK and Home Office concerning identity documents |
Home Office |
|
? Apr 2020 |
Information from Home Office's Returns Logistics Department |
Home Office |
|
May 2020 |
Country Policy and Information Note, Iraq: Security and Humanitarian Situation |
Home Office |
|
Jun 2020 |
Country Policy and Information Note, Iraq: Internal relocation, civil documentation and returns |
Home Office |
|
14 Dec 2020 |
Email Iraq Embassy to Home Office concerning 1957 documents |
Home Office |
|
? Dec 2020 |
Open letter, British Consulate General Erbil requesting information about internal travel |
Home Office |
|
31 Dec 2020 |
Country Information concerning displaced people in Iraq |
Internal Displacement Monitoring Centre |
|
Jun 2020 |
Country Policy and Information Note, Iraq: Internal relocation, civil documentation and returns |
Home Office |
|
14 Jul 2020 |
Peshmerga in Kifri |
Kirkuknow |
|
2021 |
Iraq Ministry of Foreign Affairs report on "Pass Doc" |
Iraqi Foreign Ministry |
|
2021 |
Requirements for Regulating Public and Private Agencies |
Embassy of the Republic of Iraq |
|
16 Mar 2021 |
Letter Iraq Minister of Interior to Home Office concerning internal travel documents |
Home Office |
|
1 Apr 2021 |
Letter from British Consulate-General in Erbil to Home Office concerning utility of Laissez Passer |
Home Office |
|
May 2021 |
Response to an Information Request Iraq Onward Travel from Baghdad |
Home Office |
|
21 May 2021 |
Email chain Iraqi Embassy and Home Office concerning travel documents |
Home Office |
|
10 June 2021 |
Email chain Iraqi Embassy and Home Office concerning replacement of CSID with INID |
Home Office |
|
22 Jun 2021 |
Official's son played a part in resolving.... |
Rudaw |
|
6 Jul 2021 |
Email chain British Embassy Iraq and Home Office concerning documents for internal travel |
Home Office |
|
12 Jul 2021 |
Email Iraqi Embassy and Home Office concerning continuing issue of CSID cards |
Home Office |
|
10 Sep 2021 |
Expert Report Dr R Fatah |
Middle East Consultancy Services |
|
13 Sep 2021 |
Security Chaos in Sulaimani |
Human Rights Watch |