Human Rights Watch criticises Iraq over 'unlawful' surge in executions

Some death certificates even lacked causes of death, and others raised suspicions that executions may not align with official accounts.

The Iraqi government has dramatically escalated the pace of executions in 2024, raising serious concerns among human rights groups, according to Human Rights Watch (HRW).

A report released on Tuesday, 19 November, by HRW details allegations of torture-tainted confessions, denial of fair trials, and executions carried out without notifying lawyers or families. The executions are described as part of a broader pattern of systemic abuse and lack of transparency in Iraq's judicial and prison systems.

HRW estimates that around 8,000 individuals are on death row in Iraq. Recent cases show the government's disregard for international legal standards, with family members reporting torture and mistreatment of prisoners at Nasiriyah Central Prison. Some death certificates even lacked causes of death, and others raised suspicions that executions may not align with official accounts. HRW has repeatedly called for a moratorium on executions and a thorough reform of Iraq's judicial processes.

The report comes on the heels of mounting criticism from other rights organisations, including AFAD, an Iraqi human rights observatory. AFAD's October report accused authorities of conducting "secret executions" in Nasiriyah prison, with prisoners hanged in groups without access to legal counsel or opportunities to contact families. In September alone, AFAD documented 50 executions, often accompanied by sectarian slurs from executioners. Families of victims have reported being harassed by state security forces, with some denied funeral rites or access to independent autopsies.

In July, the Iraqi Ministry of Justice denied allegations of secret executions, warning of legal action against those spreading "false information."

The New Arab reached out to Ahmed Al-Luaibi, spokesperson for Iraq's Justice Ministry, but he was unavailable for comment at the time of publication.

This comes as Iraq faces mounting scrutiny over human rights abuses highlighted in international reports. According to a statement on the official Facebook page of the Justice Ministry on Tuesday, Justice Minister Khalid Shwani chaired a meeting of the National Committee for Drafting International Reports to prepare for Iraq's upcoming Universal Periodic Review (UPR) on human rights at the UN in Geneva.

The meeting, also attended by Iraq's permanent representative to the UN in Geneva, Abdul Karim Hashim Mustafa, focused on bolstering the delegation’s readiness and showcasing progress on human rights under the government’s agenda. The committee outlined a work plan, highlighting key achievements and directing the completion of necessary technical and logistical preparations, the statement said.

Lack of transparency

HRW reported that some prisoners were executed after being tortured into signing confessions. Two executed men had officially documented evidence of torture but were denied retrials because case files were destroyed during ISIS attacks in 2014.

The lack of transparency in Iraq's execution process remains a central issue. HRW and The New Arab have both highlighted the Iraqi Presidency's inconsistent communication on death sentence ratifications. Although President Abdul Latif Rashid claims executions adhere to legal procedures, human rights advocates argue that political pressure from Shia factions has influenced decisions.

On 25 October, The New Arab conducted a detailed investigation into conditions at Nasiriyah prison, suggesting allegations of inhumane treatment, psychological abuse, and coerced confessions. Prisoners reportedly face prolonged solitary confinement, lack of medical care, and constant fear of retaliation. Some prisoners have also been reportedly subjected to mock executions as a form of psychological torture.

Political and sectarian tensions add further complexity. Prominent Sunni politicians, such as Sheikh Thaer al-Bayati claimed to TNA that the executions are based on sectarian biases in the judicial process. Sunni-majority regions like Nineveh and Salah al-Din reportedly account for a significant number of those executed. Critics, including human rights organisations, accuse Iraq's government of using the death penalty as a political tool, particularly against marginalised communities.

The growing scrutiny over Iraq's justice system has amplified calls for reform. HRW and other organisations urge Iraq to halt all pending executions and implement the long-delayed General Amnesty Law, which could pave the way for retrials of prisoners convicted under flawed legal procedures.

Source: HRW, Dana Taib Menmy, November 20, 2024

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