Torture persists in Iraqi prisons following death of three detainees in Basra

ERBIL, Kurdistan Region — Non-governmental, independent organizations and legal watchdogs need to take action in ending torture in Iraq’s prisons, an Iraqi legal sociologist and researcher told Rudaw English on Wednesday following the murder of at least two prisoners in the southern city of Basra.

Iraqi High Commission for Human Rights (IHCHR) on August 1 confirmed the death of two detainees while non-official reports say a third man was also found dead on Saturday in a prison in Basra.

The prisoners were violated and tortured before their death.

“Basra's local government has been directly and blatantly invested in the silencing of dissent and violation of human rights,” postdoctoral research associate at Lancaster University Ruba Ali Al-Hassani told Rudaw English, noting that Iraq needs a “greater independent body to act on the matter.”

“There needs to be greater pressure on all levels of government to investigate torture and forcible disappearances, and hold the perpetrators accountable,” she added.

The recent murders in Basra prisons come days after the United Nations Assistance Mission for Iraq (UNAMI) and the Office of the High Commissioner for Human Rights (OHCHR) released a report to help prevent torture and ill-treatment in Iraq’s criminal justice system, including the Kurdistan Region.

The High Judicial Council in Iraq reported “1,406 complaints of torture or ill-treatment in places of detention” in 2020, according to the report. Only 18 investigations have been closed so far, the rest are ongoing.

Iraq is a party to the United Nations Convention against Torture but it has no laws or guidelines directing judicial action when defendants allege torture or mistreatment.

Article 37 of the Iraqi constitution prohibits all forms of psychological and physical torture. “Any confession made under force, threat, or torture shall not be relied on, and the victim shall have the right to seek compensation for material and moral damages incurred in accordance with the law,” it says.

The UN report primarily focuses on ensuring transparency and fair due process that is constantly violated, according to Hassani who believes the violation of the process allows enforced disappearances which are one of the country’s “most pressing human rights issues.”

She also reaffirmed the importance of prioritizing an anti-torture bill in Iraq based on statistics and experts' opinions. “Creditable statistics help us make informed decisions and promote awareness of the issues that need to be addressed.”

Iraq has come under repeated criticism for suspected international human rights violations against prisoners, particularly concerning prison conditions, unfair trials, and executions.

The Iraqi Ministry of Justice reported 39,518 detainees in facilities under its authority of which 11,595 convicts have been sentenced to death.

It executed some 71 prisoners for terror-related charges in November of last year, raising concerns of UN Human Rights experts over the imminent executions in the country.