Khalid Shwani to AP: Prisons Overcrowded as Amnesty Law Comes Into Force

AP/Hadi Mizban

Khalid Shwani, the Justice Minister of Iraq.

Based on reporting from the Associated Press/Qassim Abdul-Zahra

Iraq’s prison system is under severe pressure, currently detaining more than twice the number of individuals it was built to accommodate, according to Justice Minister Khalid Shwani. In a recent statement reported by the Associated Press, he said that around 65,000 individuals are incarcerated across 31 prisons, though the facilities were designed for approximately half that figure.

This overcrowding has led to mounting concerns over the condition of prison healthcare services and the protection of inmate rights. Shwani noted that when the current government took office, capacity stood at 300%, which has since been reduced to 200%. The ministry’s objective is to bring this figure down to international standards by next year.

To alleviate pressure on the system, four additional prisons are being constructed. However, thousands of individuals remain in the custody of security forces and have yet to be handed over to the Ministry of Justice due to a shortage of space. Some older prisons have been closed, while others have been expanded or newly launched.

The situation has become more urgent following the enactment of a general amnesty law passed in January. The law, championed by Sunni lawmakers, has led to the release of over 2,000 prisoners to date. Supporters argue it addresses unjust convictions, particularly those based on coerced confessions. However, critics caution it may allow for the early release of individuals involved in corruption and serious offences.

The Iraqi Observatory for Human Rights has voiced concerns about the law’s potential legal and security risks.

A special committee is now reviewing inmate cases to assess who may qualify for release under the amnesty. While no final figures have been confirmed, the minister expects a “significant” number of additional releases, pending a decision from the judiciary.

Iraq’s prison population includes hundreds of foreign nationals, many of whom were convicted for ties to terrorist organisations. These inmates hail from countries such as Turkey, Egypt, Kyrgyzstan, and various European nations, as well as a small number of U.S. citizens. Talks are underway with several governments to arrange repatriation, excluding those sentenced to death. Recent transfers have occurred with Iran, Turkey, and the United Kingdom, including 127 Iranian nationals repatriated to Tehran.

The Justice Ministry also confirmed that executions have been temporarily halted to allow for the reassessment of cases under the amnesty law. Iraq has previously faced international criticism for its use of capital punishment, particularly for mass executions conducted without prior notification to legal representatives or families.

Shwani rejected claims of widespread abuse or excessive executions. He asserted that the number of executions is lower than often reported and insisted the death penalty is reserved for “crimes that severely threaten national security,” including terrorism, child rape, and leadership roles in the Islamic State.

He added that several prison employees had been disciplined or prosecuted for mistreatment of inmates, as part of efforts to uphold accountability.

This article is based on information originally reported by the Associated Press.


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