An Irish citizen has been told he will not be permitted to leave Iraq as expected, days after being assured that all charges against him had been dropped.
Yasser Eljuboori was detained by Iraqi police on Monday last week after he tried to board a flight back to Dublin following a trip to visit his sick mother.
On Thursday, the well-known anti-corruption activist was released on bail after being told that all charges against him were dropped.
The charges were initially filed by the Iraqi prime minister Mohammed Shia’ Al Sudani.
Tánaiste Micheál Martin discussed the case with the Iraqi deputy prime minister Dr Fuad Hussein.
Mr Martin said: “Dr Hussein subsequently advised me that he had raised the case at the highest level and was confident that Mr Eljuboori would be released following the waiving of charges against him.”
At the time, Mr Eljuboori was told that it would take two to three days of paperwork before he would be allowed to leave Iraq and return home to his family in Dublin.
However, when he returned to court on Sunday to collect his passport and belongings, his legal team had been told that two further charges have been filed against him about social media posts in which he raised corruption concerns.
The charges were filed by the mayor of Baghdad and the chair of the National Investment Commission.
The charges come under Article 226 of the Iraqi penal code which criminalises “any person who publicly insults” public authorities or officials.
On Monday, his lawyers were told that the new complainants no longer want to proceed with the charges.
Mr Eljuboori will be seeking the dismissal of the new charges and the return of his passport and belongings at a further court hearing on Tuesday.
As matters stood on Monday, he is still facing those charges and therefore prevented from leaving Iraq.
Through a legal representative, his wife Laura Wickham said in a statement: “The past week has been a rollercoaster of emotions for me: the initial confusion at Yasser’s disappearance; the terror as I learned the news of his arrest, detention and criminal charges brought against him by the Prime Minister; the relief when he was released; and now despair at these latest developments.
“This feels like a cruel game, an ongoing torment playing with Yasser’s freedom.
“Our children miss their dad and I miss my husband. I call on the Iraqi authorities to allow Yasser to return home. Every additional day and hour that he spends in Baghdad puts him at risk of further bogus charges.”
Caoilfhionn Gallagher KC, international counsel to Ms Wickham, said: “Yasser Eljuboori is being targeted by multiple public officials for his campaigning work highlighting corruption in Iraq.
“Using Article 226 of Iraq’s Penal Code – the legal weapon of choice for thin-skinned public officials who seek to suppress criticism – they have attempted to silence him and punish him for his work.
“It is particularly cruel that Mr Eljuboori was informed that all charges were dropped and that he would be going home within days, when in fact new charges were being prepared behind the scenes which would keep him trapped in Baghdad, unable to return home to his family.
“Article 226 is being used in a brutal game of legal whack-a-mole against Mr Eljuboori: as soon as one set of charges is dismissed, another appears.
“It is imperative that the international community stands up to these bullying, repressive tactics. The Iraqi authorities must drop all charges against Mr Eljuboori forthwith and allow him safe passage home to Ireland. We expect these final steps to be taken at the hearing on Tuesday March 5 2024.”
