The Impact of Anti-Terrorism Law No. 3 of 2006 of the Kurdistan Regional Government on Freedom of Expression

Abstract

Freedom of expression is one of the most fundamental human rights and a key driver of development, progress, and democracy. The Constitution of Iraq, the Draft Constitution of the Kurdistan Region, and ordinary legislation attach great importance to this right and guarantee and protect it. Nevertheless, anti-terrorism legislation in the Kurdistan Region and globally has had adverse effects on this freedom. Even in a country such as Sweden, which has a long-standing tradition of ensuring and safeguarding freedom of expression and citizens’ rights, anti-terrorism laws have become a source of threat and restriction to this fundamental liberty. Accordingly, several critical questions arise: Can the protected freedom of expression of citizens be guaranteed through the enforcement of anti-terrorism laws? Is it possible to strike a balance between ensuring public security in the Kurdistan Region and safeguarding freedom of expression? Has this law not been used as a tool to suppress and intimidate political opponents, writers, journalists, intellectuals, and holders of the pen? The significance of this research lies, first, in the importance of the subject matter as it relates directly to the life and well-being of citizens, and second, in its attempt to address these essential questions and to identify appropriate solutions and practical recommendations for the protection of freedom of expression and security. The study employs conceptual clarification of the subject matter, an analytical method for examining the articles and provisions of the law, and a critical method for interpreting the legal text and identifying its strengths, weaknesses, shortcomings, and challenges, and for evaluating them. This work is conducted with the aim of discovering and proposing suitable solutions to the identified problems.