28.05.2008 - Source: Amnesty International

Arbitrary arrests and detention; prisoners held without charge or trial ("Annual Report 2008") [ID 23520]

"The MNF and Iraqi security forces were holding some 60,000 prisoners as of November, according to the ICRC. Most were detained indefinitely without charge or trial as security internees. In October the MNF Commander of Detainee Operations said the MNF was holding some 25,000 detainees at Camp Bucca in the south, Camp Victory and Camp Cropper near Baghdad International Airport, and other places, including 840 juveniles and 280 foreign nationals, mostly from Arab countries. Shortly before, the MNF began releasing detainees and by December several thousand detainees had been released on condition that they would not pose a security threat and after providing a family guarantee of good conduct."

Document(s): Open document

11.03.2008 - Source: US Department of State

Difficulties in access to defence attorneys ("Country Report on Human Rights Practices 2007") [ID 23674]

"The constitution provides for the right to a fair trial, and judges--investigative, trial, and appellate--generally sought to enforce that right. An accused is considered innocent until proven guilty and has the right to privately-retained or court-appointed counsel. One of the significant challenges facing the criminal trial courts, however, was insufficient access to defense attorneys. Defense attorneys were theoretically provided, but detainees rarely had access to them before the initial judicial hearing, often for security reasons. Many detainees met their lawyers for the first time during the initial hearing. Most of the time defense attorneys were provided at public expense if needed."

Document(s): Open document

08.01.2007 - Source: Human Rights Watch

According to HRW, the planned executions of 2 Baath Party officials, convicted in the unfair Dujail trial, highlight the government's disregard for human rights and rule of law ("Halt New Dujail Trial Executions") [ID 20184]

Document(s): Open document

06.10.2004 - Source: ReliefWeb

About 6,000 Iraqis and other Arab nationalities were being held without trial in Abu Ghoraib prison and Pokka prison in Basra ("About 6,000 prisoners held in two Iraqi jails without trial (Xinhua)") [#26195],  [ID 10176]

Document(s): Open document

09.2003 - Source: Human Rights Watch

Ensuring Justice for Iraq: Evidence Preservation and Fair Trials ("Human Rights Watch: Ensuring Justice for Iraq: Evidence Preservation and Fair Trials") [ID 10177]

"There now exists considerable international experience and understanding of the various options for prosecuting genocide, crimes against humanity, and war crimes in accordance with international legal standards-particularly expertise gained through efforts to bring those most responsible for serious past crimes to justice, such as in the former Yugoslavia, Rwanda, and Sierra Leone. Human Rights Watch believes that a mixed Iraqi and international Group of Experts should be created to coordinate the collection and preservation of evidence and to recommend the most appropriate justice mechanisms for serious past crimes. Human Rights Watch believes that either a mixed Iraqi-international tribunal or an international tribunal should be established to bring accountability for those most responsible for genocide, war crimes, and crimes against humanity."

Document(s): Human Rights Watch: Ensuring Justice for Iraq: Evidence Preservation and Fair Trials

23.07.2003 - Source: Amnesty International

Report highlighting continuing concerns in Baghdad (applicable international law, domestic law, use of force, arrest and detention, access to judges and lawyers) ("Memorandum on concerns relating to law and order") [#14588],  [ID 10178]

"While our concerns are not confined to the treatment of criminal suspects, in this memorandum we wish to draw attention to the situation of this category of detainees. Amnesty International’s overall concern in this respect is that suspects are currently accorded different rights depending on whether they are held by the Coalition Forces or by Iraqi law enforcement officials, despite their identical legal status. CPA Memorandums Numbers 2 and 3, dealing with the application of the Iraqi
Code of Criminal Procedure, create a two-tier system whereby criminal suspects arrested and detained by the Coalition Forces have less safeguards than those detained by Iraqi officials."

Document(s): Open document

17.07.2003 - Source: UN Security Council

Report of the Secretary-General on the judicial system ("Report of the Secretary-General pursuant to paragraph 24 of Security Council resolution 1483 (2003) (S/2003/715)") [#14776],  [ID 10170]

"The Iraqi legal community has been eager to establish the rule of law and functioning institutions after decades of living without an independent judicial system. Before encouraging efforts to promote legal and judicial reform, there is a pressing need for the justice system in Iraq to resume functioning within the framework of the provisions of the Geneva Conventions. The lack of functioning courts has, so far, stifled the role of the legal community and its ability to generate adequate income. In order to ensure the swift resumption of Iraqi legal proceedings, my Special Representative, together with UNDP, has identified two concrete projects relating to the emergency rehabilitation of two judicial facilities in Baghdad and support for the Judicial Training Centre in Baghdad."

Document(s): Open document