After the security authorities in the Kurdistan Region of Iraq (KRI) arrested the suspect held responsible for attacking the Assyrian cemetery in Shaqlawa, Arba'ilo (Erbil), and following his admission that he committed the act "under the influence of alcohol," Joseph Sliwa, President of the Beth Nahrain Patriotic Union (Huyodo d'Bethnahrin Athroyo, HBA), dismissed both the arrest and confession as little more than an theatrical performance by the regional authorities routinely staged by the KRI authorities to calm public outrage.

Sliwa also stressed that true justice can only be achieved through public trials of the perpetrators and vandals, which would not only hold them accountable but also serve as a strong deterrent against anyone considering harming Christians or desecrating their sacred sites and the graves of their deceased.

Condemnations, as echoed by Sliwa and other Assyrian politicians, prompted the Assyrian and broader Christian communities to raise questions on social media about the punishment for the suspect who vandalized the cemeteries. In response, Muna Yako, Head of the KRI's Independent Commission for Human Rights, issued a statement addressing the concerns of many commenters on social media who feared that the suspect might escape punishment, or that his claim of being under the influence of alcohol was a "pretext" to avoid accountability. She clarified the following:

"Fundamentally, vandalizing these graves is an act that violates the dignity of the deceased, desecrates their sanctity, and hurts the feelings of their families. It also infringes on the rights of members of a long-standing religious community, insults their sentiments, and sows discord and suspicion within society, in addition to causing material losses."

Constitutionally, Yako noted that "although the 2005 Iraqi Constitution has some exclusionary provisions, it guarantees freedom of religion in other articles, including Article 2 (Second), Article 3, Article 7, and Article 14. This means that attacks on cemeteries are constitutionally condemned and must be addressed firmly. Such acts also constitute a clear violation of Iraq's international obligations, as the country has ratified numerous treaties and conventions that ensure respect for and protection of freedom of religion and belief, as well as the protection of religious and ethnic diversity."

Legally, Yako explained that the suspect should be punished with imprisonment of up to three years under Iraqi Penal Code. She referred to Article 372(1)(c), which mentions "symbols," noting that a grave is considered a symbol, especially since each grave bears a cross, the holiest religious symbol for Christians. Article 372(1)(e) refers to symbols and individuals, and the term "person" is used in legal language to include both the living and the deceased, as recognized in human rights literature.

Article 373 stipulates: "Anyone who violates or desecrates the sanctity of a grave, cemetery, or monument for the deceased, or deliberately destroys, damages, or disfigures any of these, shall be punished by imprisonment for up to two years, a fine not exceeding 200 dinars, or one of these penalties."

Regarding the impact of intoxication on punishment, whether it might reduce or exempt the suspect from liability, Yako referred to Chapter Four, Section One of the Penal Code on criminal responsibility and its limitations. She highlighted Article 61, which states: "If the loss of perception or will results from intoxicants or narcotics voluntarily and knowingly consumed by the offender, they shall still be punished for the crime committed, even if it requires specific intent, as if it occurred without intoxication."

"According to this provision, consuming alcohol does not exempt the suspect from punishment. He is expected to receive the same penalty that would have applied had he not been intoxicated," Yako added. "Moreover, if the alcohol was consumed in preparation for committing the act, punishment may even be increased. From the video released by the security authorities and from the suspect's own statements during our meeting with him, it appears that he bought alcohol and took it to the cemetery area, which suggests he may have deliberately committed the act while intoxicated."

Yako summarized her statement by saying, "The crime is fully constituted, the act is criminal, and intoxication will not affect the punishment in any way. This situation is not fabricated by any party for hidden purposes, as some have speculated." She added that although cemetery vandalism is considered a public-rights crime and authorities are obliged to pursue the case until a verdict is issued, families of the deceased should also file private-rights claims, as this ensures compensation, restores dignity, and provides additional legal remedies.

"Protecting peaceful coexistence," Yako stressed, "begins with addressing the smallest details and extends to the most complex issues. Ensuring diversity is primarily the responsibility of the authorities, then the majority population, and finally smaller minority communities. We therefore call for respect for the rule of law and for this suspect to serve as a deterrent to others." She concluded by pledging to follow the case until the suspect receives his just punishment and expressed hope that such incidents will not recur and that the rights of all religious and ethnic communities will be respected.