On 17 August 2015, the United Nations Committee against Torture (CAT) published its Concluding Observations following their initial review of Iraq. Ahead of Iraq's review on 13 July 2015, Alkarama had submitted a shadow report to the CAT, presenting its main concerns over the situation of torture in Iraq – in particular the lack of a definition of torture, the climate of pervasive impunity and the systematic reliance on confessions under torture by the judiciary. Alkarama's concerns were shared by the Committee, which addressed most of the issues raised by the organisation.
According to the UN Convention against Torture (UNCAT), State parties must submit a report to the Committee one year after the entry into force of the Convention, explaining the measures taken to implement it. After Iraq submitted its initial report – with almost a two-year delay – the country's compliance with the Convention was assessed by the Committee during its 55th session, at the outcome of which its Concluding Observations were published.
Lack of a definition of torture
The CAT expressed concern over the lack of "a comprehensive definition of torture in conformity with the convention" and the lack of "clarity regarding the penalties associated with that crime" in Iraqi law. As a consequence, the Committee recommended that Iraq adopt a definition of torture in accordance with Article 1 UNCAT and ensure appropriate punishment for such offence.
The UN experts also highlighted the fact that "there is no clear provision in the State party's legislation to ensure that the prohibition against torture is absolute and non-derogable." Although the Committee deplored the severe human rights violations committed by the Islamic State, it also noted that the report prepared by the Office of the United nations High Commissioner for Human Rights (OHCHR) contains information on serious human rights violations, including torture, committed by the Iraqi security forces and affiliated militias during military operations in the context of fighting terrorism.
In this regard, the UN experts called upon Iraq to incorporate the principle of absolute prohibition of torture into its domestic law to guarantee that "no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture." In a country where considerations of "national security" and the fight against terrorism are often used to justify the use of torture, Alkarama welcomes this reminder that considerations of national security can never justify departure from the absolute prohibition of torture.
Impunity for perpetrators of torture
In its shadow report to the Committee, Alkarama had mentioned that allegations of torture in Iraq are rarely investigated and that, even when investigations are conducted, the acts of torture are often covered up, such as in the case of Amir Al Batawi, a 40-year old member of former Vice President Al Hashimi's personnel, who died under torture in Baghdad on 15 March 2012. Although a committee was established to investigate the circumstances of his death, it totally ignored the visible signs of torture to which the victim had been subjected to – including numerous wounds and burn marks on his body, and a cut-off tongue – and concluded that Al Batawi had "died from a renal deficiency."
In this regard, the Committee emphasised that several reports indicated "that complaints of torture and ill-treatment are rarely investigated, which creates a climate of impunity." The CAT was also concerned that "the State party has not furnished specific information on the number of complaints of torture or ill-treatment or on any corresponding investigations and prosecutions during the reporting period," a fact previously noted by Alkarama, which mentioned in its submission that "the report submitted by the [Iraqi] authorities did not provide any concrete elements on the implementation of the obligations stemming from the Convention in the country but only cited its relevant domestic legislation."
In view of these facts, the Committee urged Iraq to ensure that "all complaints of torture or ill-treatment are promptly investigated in an impartial manner by an independent body" and that "suspected perpetrators are duly tried and, if found guilty, are punished in a manner that is commensurate with the gravity of their acts."
Coerced confessions
During its review, Iraq assured the Committee that the practice of torture in the country was not systematic; the UN experts, however, expressed their deep concern over "reports of routine and widespread use of torture and ill-treatment of suspects in police custody, as well as in pre-trial detention centres run by the Ministries of Interior and Defence, primarily to extract confessions or information to be used in criminal proceedings."
Despite noting that Iraqi law prescribes the inadmissibility of evidence obtained through torture, the Committee denounced the fact that "in practice, the admissibility of material obtained by torture is unduly onerous on the defendant. In that respect, it is reported that defendants rarely have medical reports to substantiate their claims, as they are denied access to doctors while in police custody." The CAT also mentioned that allegations of coerced confession did not seem to be ever investigated and that the State party did not provide any information on decisions taken by Iraqi courts to refuse such confessions or on sanctions applied to judges who failed to prosecute cases of torture.
Moreover, the UN experts also raised the issue of secret detention in cases involving security concerns, pointing to the fact that alleged terrorists and high-security suspects were "arrested without any warrants, detained incommunicado or held in secret detention centres for extended periods of time, during which they are severely tortured in order to extract confessions." The CAT specifically referred to the old Al Muthanna military airport in West Baghdad – mentioned by Alkarama in its submission – a notorious secret detention centre run by the 54th and 56th Brigade of the Army report directly to the Prime Minister's Office and where torture is systematically practiced.
In this regard, the CAT requested Iraq to ensure that "no one is detained in any secret detention centres, as these facilities are per se a breach of the Convention and should be closed" and that "all allegations of torture and ill-treatment by detainees in the old Al Muthanna military airport be impartially investigated, the results made public, and any perpetrators responsible for breaches of the Convention be held accountable."
What is next?
Although Iraq's next period report is only due on 15 August 2019, the Committee gave a year to the authorities to implement the following recommendations as a matter of priority:
• Undertake prompt, thorough and impartial investigations into all allegations of torture and other ill-treatment, including enforced disappearances and summary executions, committed on any territory under its jurisdiction;
• Ensure that all detainees are afforded, by law and in practice, all fundamental legal safeguards from the very outset of their deprivation of liberty;
• Ensure that no one is detained in any secret detention centres, as these facilities are per se a breach of the Convention and should be closed. The Committee urges the State party to investigate and disclose the existence of any other such facility and the authority under which any of them has been established;
• Review the use of incommunicado detention with a view to its abolition.
To watch the video of Iraq's initial review, please click here.
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