SI (Expert Evidence, Kurd, SM Confirmed) Iraq CG: AIT 15 Dec 2008

AIT 1. Failure by the respondent to adduce her own expert evidence cannot imbue expert evidence submitted by an appellant with any greater value than it merits when considered alongside the rest of the evidence.
2. The evidence relating to the official justice system in the KRG falls short of demonstrating that all persons who are tried in that part of Iraq will face a process that would amount to a flagrant denial of the notion of a fair trial: SM and Others (Kurds-Protection-Relocation) Iraq CG [2005] UKAIT 00111 followed.
3. The guidance given in SM regarding relocation of a Kurd from the KRG to central or southern Iraq, which was that it can in general be effected without this being unduly harsh and without giving rise to a real risk ‘in all but the most exceptional high profile cases’ of their relocation being brought to the attention of [any of the KRG authorities], also remains valid.
4. ‘Honour killings’ and ‘blood feuds’ are distinct phenomena, albeit they may sometimes overlap in practice.
[2008] UKAIT 00094
Bailii
England and Wales

Updated: 17 September 2021; Ref: scu.279061