Iraq's Human Rights Practices: A Report from the US Department of State

Iraq 07:50 PM - 2023-03-24

The US Department of State

The United States Department of State published a report regarding Human Rights Practices in Iraq and the Kurdistan Region.

Prison and Detention Center Conditions

According to the report, prison, and detention facility conditions are harsh and occasionally life-threatening due to food shortages, extreme overcrowding, physical abuse, inadequate sanitary conditions and medical care, and the possibility of infectious diseases.

"There are six correctional centers throughout the Kurdistan Region: three for male prisoners and three for women and juvenile pretrial detainees and prisoners," according to the report. The report also highlights that "the centers designated for women and juveniles hold both pretrial detainees and prisoners, and male pretrial detainees are kept in the police station detention sections throughout the Kurdistan Region."

Further, the report added, "The total number of detainees incarcerated exceeded the designated capacity of each facility by 157%. In some detention centers and police-run jails, KRG authorities occasionally held juveniles in the same cells as adults."

According to the Independent Human Rights Commission Kurdistan Region, the Kurdistan Region's correctional facilities have long had issues with overcrowding, insufficient water, sanitation, and hygiene facilities, use of violence during preliminary detention, and outdated infrastructure at women's and juvenile centers. Because of a lack of medical personnel, not all convicts could receive adequate medical services.

The report states: "The KRG and the federal government claimed to have taken action in response to complaints of mistreatment in government-run facilities, but it is not certain to what extent this was the case.

"In May, the United Nations Committee against Torture expressed concern "about continued reports of torture or ill-treatment in detention facilities" and noted that "existing mechanisms to investigate acts of torture and ill-treatment committed by officials do not effectively hold the perpetrators accountable." "Both local and international human rights organizations asserted that judges frequently failed to investigate credible allegations that security forces tortured terrorism suspects and often convicted defendants based solely on coerced confessions."

"Furthermore, despite concerns, authorities ignored physical signs of torture, and the complaint procedures did not appear fair or effective." "Many detainees chose not to report such mistreatment because they lacked trust or were afraid of retaliation," according to the report.

Arrest Procedures and Treatment of Detainees

According to the report, "Human rights organizations reported that the ISF, including the Federal Police, the NSS, the PMF, and the Peshmerga and Asayish security forces in the Kurdistan Region, frequently ignored the law."

As mentioned in the report, authorities routinely detain suspects in security sweeps for extended periods without charging or registering them, especially when antiterrorism laws are involved.

"The government periodically released detainees, usually after concluding it lacked sufficient evidence for the courts to convict them, but many others remained in detention pending review of other outstanding charges," the report added.

The report stressed, "Human rights organizations frequently reported that KRG authorities arbitrarily detained journalists, activists, and protesters, and in August, the KRG Asayish security forces arrested dozens of journalists, activists, and politicians before and during planned protests."

According to the report, the charges brought against those arrested were not mentioned to them at the time of their arrest. Also, while detained, some were mistreated.

Trial Procedures

The report pointed out that in December, "NGOs reported that six of the so-called "Badinan" detainees—referring to the area in Duhok Province where Asayish forces and Kurdistan Democratic Party intelligence service Parastin officers arrested dozens of activists, journalists, and protesters in 2020—remained in prison."

Press and other media, including online media, are subject to censorship or content restrictions

According to the report, the KRG and the federal government occasionally interfered with media activities through oversight and censorship, which in some cases led to the closure of media outlets, limitations on reporting, refusal of access to public information, and disruptions in internet service.

Internet Freedom

"According to Freedom House, government and KRG authorities disrupted internet access during protests while using vaguely worded laws and penal codes to criminalize online activities," the report said. "Civil society organizations reported that government and militia forces monitored their activists' social media pages and that the activists faced harassment or criminal charges based on what they posted on Facebook and other social media platforms. 

The report also noted that some media outlets in the Kurdistan Region claimed to have been targeted by cyberattacks, such as distributed denial of service attacks, after publishing articles on government corruption. Given the timing and sophistication of the attacks, it was suggested that they were most likely state-sponsored.

Corruption and Lack of Transparency in Government

"The law provides criminal penalties for corruption by officials, but the government did not implement the laws effectively." There were numerous reports of government corruption.  "The law allows some individuals convicted of corruption to receive amnesty upon repaying money obtained through corruption, which effectively allows them to keep profits from stolen funds," the report said.

"Corruption remained a significant obstacle to effective governance at all institutional levels, including in the Kurdistan Region. Bribery, money laundering, nepotism, and misappropriation of public funds were common at all levels and across all branches of government. Family, tribal, and ethnosectarian considerations significantly influenced government decisions at all levels and across all branches of government," the report added. "Federal and KRG officials frequently engaged in corrupt practices with impunity."



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