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IRAQ

Human Rights Issues

  Overview Death penalty
  Torture / Ill-treatment Arbitrary Detention
  Fair trial Prison conditions
  Demonstrations Ethnic affiliation
  Religious affiliation Political affiliation
  NGOs and Human Rights Defenders Women
  Children / Youth Sexual orientation
  Media / Journalists / Scientists Military Service / Desertion
  Refugees

11.03.2008 - Source: US Department of State

Arbitrary arrests carried out by Ministry of Defence units in 2006 ("Country Report on Human Rights Practices 2007") [ID 23646]

"Allegations of MOD abuses continued during the year, but there were no arrests in connection with any of these allegations. There were continuing reports of torture and abuse and an alleged extrajudicial killing on May 30 of a detainee in MOD custody in Baghdad. In 2006 there were allegations against MOD battalion-level units that carried out arrests in Baghdad, as well as against the Fifth Division, Second Brigade operating in Diyala Province.There were no arrests in connection with these allegations and no information on any investigations.In 2006 after some investigatory efforts, the MOI announced it fired hundreds of employees accused of corruption. Employees accused of serious human rights abuses were generally transferred rather than fired or arrested."

Document(s): Open document

11.03.2008 - Source: US Department of State

Continuous arbitrary arrests by authorities beyond state of emergency ending in April 2007 ("Country Report on Human Rights Practices 2007") [ID 23648]

"The constitution prohibits "unlawful detention" and mandates that preliminary investigative documents be submitted to a judge within 24 hours from time of arrest, a period which can be extended by one day. Under a state of emergency, the prime minister has the authority under "extreme exigent circumstances" to provide authorization for suspects to be detained and searched without an arrest warrant. Law enforcement authorities reportedly continued to detain and search individuals without an arrest warrant after the state of emergency expired in April, although there were no reliable statistics available on such incidents.

In practice police and army personnel frequently arrested and detained suspects without judicial approval. Security sweeps sometimes were conducted throughout entire neighborhoods, and numerous persons were reportedly arrested without a warrant or probable cause. Police often failed to notify family members of the arrest or location of detention, resulting in incommunicado detention."

Document(s): Open document

11.03.2008 - Source: US Department of State

Detention without judicial action in 2007 ("Country Report on Human Rights Practices 2007") [ID 23666]

"In practice few detainees saw an investigative judge within the legally mandated time period. Many complained of not seeing the investigative judge until months after arrest and detention. In some cases, individuals identified as potential witnesses were also detained for months. Incommunicado detention took place. For example, according to UNAMI, at year's end five Palestinians who were arrested in mid-March remained in MOI custody under incommunicado detention, without referral to court. Also, according to UNAMI, on January 28 and again on February 27, families of detainees arrested by Asayish forces demonstrated before the Kurdistan National Assembly in Erbil, demanding information on the whereabouts of detained relatives and the reasons for their arrest and urging that human rights abuses and the ill-treatment of detainees in these facilities be addressed.

Lengthy detention periods without any judicial action were a systemic problem. The lack of judicial review was due to a number of factors, whose relative weight was difficult to assess, but included undocumented detentions, backlogs in the judiciary, slow processing of criminal investigations and a grossly insufficient number of judges."

Document(s): Open document

11.03.2008 - Source: US Department of State

Detention of suspects without arrest warrant; KRG (Kurdish Regional Government) detainees deprived of contact to family ("Country Report on Human Rights Practices 2007") [ID 23667]

"There were a number of reports that KRG detainees were held incommunicado. KRG internal security units reportedly detained suspects without an arrest warrant and transported detainees to undisclosed detention facilities. There were reports that detainees' family members were not allowed to know their location or visit them.In July HRW reported that scores of detainees interviewed in Asayish detention facilities in 2006 stated that detention facility officials had deprived them of contact with their families since their arrest, a period lasting up to two years. Reportedly, police across the country continued to use coerced confessions and abuse as methods of investigation."

Document(s): Open document

06.2007 - Source: Freedom House

Arbitrary arrest and detention; illegal detention facilities ("Freedom in the World 2007") [ID 20739]

"Iraq’s Criminal Procedure Code and the constitution prohibit arbitrary arrest and detention, though both practices are common in security-related cases. There were credible reports of illegal detention facilities run by the Interior Ministry and party-sponsored militias."

Document(s): Open document

10.01.2007 - Source: Syrian Human Rights Committee

Baghdad: Wave of arrests among Syrians at Hayfa Street; 4 Syrians, including a lawyer, reportedly unjustifiably arrested by armed people in military uniforms ("Arrests among Syrians at Hayfa Street in Baghdad") [ID 20188]

Document(s): Open document