Q & As in connection with the programme ”The Wanted”

At the end of the broadcast it was stated: “Only hours before this broadcast, the Foreign Minister of Norway went on national television to announce that his country has entered into direct negotiations with Iraq to find a way to extradite Mullah Krekar. He vowed: ‘Mullah Krekar will be deported from Norway’. Is this correct?

• The Foreign Minister has only reiterated Norway’s long-standing position on the return of Mullah Krekar: He will be expelled from Norway, in accordance with the expulsion order against him. The expulsion will take place as soon as the necessary conditions are met. These include credible and effective guarantees against execution, torture or other inhuman or degrading treatment.

Why has Mullah Krekar not been returned to Iraq?

• The Norwegian Government’s view is crystal clear: we want to return the person known as Mullah Krekar to Iraq as soon as this is feasible. There is an expulsion order against him. He is considered to pose a threat to national security. We are assessing the situation in Iraq on an ongoing basis with a view to returning him as soon as possible.
• Mullah Krekar will be returned to Iraq as soon as we can do this without breaching  our obligations under international law. We are assessing the situation on an ongoing basis and are in contact with the Iraqi authorities on this issue.

What is required for Norway to return Mullah Krekar to Iraq?

• In the current situation, no Western countries are returning persons to Iraq who face accusations similar to those Mullah Krekar faces. Here we are in line with all other countries that are bound by fundamental human rights obligations.
• The Norwegian authorities have an obligation to make an independent assessment of whether the conditions for the return of Mullah Krekar to Iraq are fulfilled. This assessment is being made on an ongoing basis. In addition, the Iraqi authorities must have provided sufficient guarantees that he will not be executed or subjected to torture or other inhuman or degrading treatment, and these guarantees must be binding under international law. The Norwegian authorities must also have observed Iraqi practice over time, and have made an independent assessment of the situation before they can make a decision based on such binding guarantees provided by the Iraqi authorities.

But NBC obtained a guarantee from Iraq that Mullah Krekar will not be executed or subjected to torture or other inhuman or degrading treatment?

• The document in question has not been issued by the central authorities in Iraq, but appears to have been signed by a representative of the regional authorities in northern Iraq. Consequently, the document does not provide any diplomatic guarantee against abuse or against the implementation of a death sentence against Mullah Krekar, and it does therefore not change the conditions for the return of Mullah Krekar to Iraq.

Why did Norway decline to accept the document that according to NBC contained new guarantees from the Iraqi authorities that Mullah Krekar will be given decent treatment?

• This is a serious case where Norway has clear obligations under international law. It is therefore not possible to accept and proceed with such a document in a proper manner in an interview situation in front of a camera.
• During the recording of the programme, the Norwegian authorities repeatedly tried to get more information about the alleged guarantees from NBC. These requests were declined by NBC, but on Friday 17 July the Ministry of Foreign Affairs got a copy of the document through the Norwegian media. The document has been published on the Ministry’s website.

What basis does Norway have for claiming that the situation in Iraq does not at present warrant returning Mullah Krekar to Iraq?

• The human rights situation in Iraq has not improved as quickly as there was reason to hope, but the situation varies greatly between regions. Important progress has been made in the Kurdish region in northern Iraq.
• However, according to reports by the UN and other independent sources, instances of torture and other abuse against persons who are suspected of being involved in the activities of radical groups in northern Iraq still occur.

Shouldn’t national security considerations weigh more heavily than the possible risk involved in returning Mullah Krekar to Iraq?

• Norway protects fundamental human rights also in cases concerning the expulsion of foreign nationals. We cannot return anybody if there is a is a real risk that the person will be subjected to torture or execution. In several similar cases, the European Court of Human Rights has ruled against relaxing the conditions for return due to national security considerations.
• In order to improve control of persons who pose a threat to national security, the Government has proposed legislative amendments so that such persons could be obliged to report to the police regularly in person, or take up residence at a specified domicile if they cannot be forcibly returned to their country of origin.