Iraq's Secret Executions: A Grave Violation of Human Rights and the Call for Justice

Human Rights Concerns and Solutions Regarding Secret Executions in Iraq - Secret Executions in Iraqi Prisons

The debate surrounding secret executions in Iraq is intensifying, particularly regarding the practices carried out by authorities at the "Al-Hout" prison in the south of the country. Families of those sentenced to death are informed to come collect the bodies from the forensic medicine department, a procedure unprecedented in its frequency and lack of announcement regarding the executions themselves.

The issue of Iraqi prisoners, especially those sentenced to death, has been a focal point of political, public, and media discourse in recent years. Most of these individuals were convicted based on information from "secret informants" or confessions obtained under duress and torture, according to various human rights organizations, both domestic and international.

Since the beginning of this year, Iraqi authorities have executed dozens of individuals by hanging, following convictions for terrorism and affiliation with ISIS, based on trials that relied on confessions extracted through torture or informant tips amidst sectarian tensions. This has drawn international warnings about the lack of justice and transparency, as well as the prevalence of retributive judgments in Iraqi law, particularly concerning terrorism cases.

According to a source in the Iraqi Ministry of Justice, "Most executions occur in the Al-Hout prison in Nasiriyah, under the supervision of the Ministry of Justice, in batches of eight sentenced individuals at a time." He noted that recent execution methods have been directed by government orders to keep them undisclosed, aiming to avoid political and human rights criticisms. This practice contradicts legal provisions requiring notification of the families before execution.

Another official in the execution department emphasized that the ministry is merely an executing entity, receiving signed documents from the office of President Abdul Latif Rashid, who is responsible for signing execution orders. Regarding the secrecy of certain executions, he added that "the confidentiality of some executions is based on government recommendations, and families are informed to collect the bodies on the same day the execution is carried out."

In late April, Amnesty International urged Iraqi authorities to immediately halt all executions following the hanging of at least 13 men on April 22 at the Nasiriyah Central Prison, convicted on vague and ambiguous terrorism charges. The organization expressed concern over the potential for more secret executions amid troubling transparency issues regarding executions in Iraq in recent months. It stated that "the execution of 13 men on December 25, 2023, marked the first recorded mass execution since November 2020," and that "executions carried out after trials that do not meet international human rights standards may amount to arbitrary deprivation of life."

The Al-Hout prison, located in Nasiriyah, Dhi Qar province, houses around 40,000 inmates, making it the largest prison in Iraq following the closure of Abu Ghraib. Observers have dubbed it a "notorious prison" due to the high incidence of violations, deaths from torture, beatings, malnutrition, and the spread of diseases.

Secret executions in Iraq appear to be ongoing, as Ahmed Abdul, a member of the "Afd" Human Rights Observatory in Iraq, stated that "a new batch of executions was carried out days ago without any announcement." He added that authorities are keen to select individuals from various cities each time to obscure the large number of executions being carried out.

Significant violations in the execution process have been revealed, including executing individuals suffering from kidney, respiratory, and skin diseases, as well as others over the age of 75. Families were only informed upon execution, receiving the bodies from the forensic medicine department in Nasiriyah.

Recently, a plea from an Iraqi woman surfaced, calling for the cessation of her son's execution. In a voice message shared by Iraqi media, she claimed to possess documents proving her son was tortured. She also quoted an unnamed official stating that Prime Minister Mohammed Shia' al-Sudani remarked, "Execute them... why should we keep feeding them in prisons?"

In response to the widespread sharing of this voice message, Friday mosque preachers last month called on the government to stop executing thousands of individuals and to grant those sentenced the right to appeal and to be retried under clear legal and judicial conditions.

Reviving the General Amnesty Law

These secret executions precede efforts promised by Sunni Arab powers to their constituents during the last elections (the local elections at the end of last year) to push forward a general amnesty law that would provide legal conditions for the retrial of prisoners to ensure judicial justice. However, this promise faces many obstacles from parties close to Iran. The parliament is expected to hold its first session of the new legislative term next week, amid calls from Sunni Arab bloc deputies to include the general amnesty bill on its agenda. The amended bill includes granting the right to retrial for convicted individuals, allowing them to hire lawyers, and reviewing reports of torture during their confessions.

A member of the Iraqi parliament previously raised the issue of "systematic torture" inside Al-Hout prison, discussing what he termed "genocide" within the facility, asserting that prisoners contemplate "suicide" to escape the torture. The head of the parliamentary Human Rights Committee stated that "no prime minister can resolve the prison issue, despite Iraq's signature on international agreements." He added that Iraq is "accountable to the community for violations in its prisons, and during our visits to prisons, we identified many issues, but when the matter is raised, political forces oppose us."

A political expert on Iraqi affairs pointed out that "the current presidency's stance regarding signing execution orders in such numbers and manner raises many questions, especially considering that the previous presidents, Barham Salih and Fuad Masum, refrained from signing these orders, believing that many confessions were obtained under torture and mistreatment." He added that "it seems the current president has a different opinion, as he has expedited the signing of these orders, despite many Iraqi and international human rights organizations questioning the confessions and openly stating they were obtained under torture."

He believes that "the current president has proven to be weak and quickly succumbs to the pressures he faces, and thus appears to have rapidly yielded to the party pressures that called for the urgent resolution of prisoner and death row cases without any resistance." He clarifies that "there are about eight thousand individuals on death row in Iraq awaiting execution." He concludes that "the president bears responsibility above all else because he was unable to resist until a review of the sentences of hundreds of detainees who have been executed, which everyone knows to be unjust."

Human Rights Concerns and Solutions Regarding Secret Executions in Iraq

Human Rights Concerns

The reports of secret executions in Iraqi prisons, particularly at Al-Hout prison, raise significant human rights concerns:

1. Lack of Transparency: The secrecy surrounding executions prevents accountability and undermines the rule of law. Families are only informed post-execution, which violates their rights and the legal obligation to notify them beforehand.

2. Use of Torture: Many convictions leading to executions are based on confessions obtained under duress or torture, violating the principles of fair trial and due process.

3. Targeting Vulnerable Populations: Executions disproportionately affect marginalized groups, including those with health issues or the elderly, raising ethical concerns about the humane treatment of all individuals.

4. International Standards Violations: The execution practices in Iraq do not align with international human rights standards, particularly regarding the right to life and the prohibition of cruel, inhuman, or degrading treatment.

5. Political Manipulation: The executions appear to be politically motivated, aimed at appeasing certain factions rather than ensuring justice, further complicating the human rights landscape in Iraq.

Proposed Solutions

1. Strengthening Legal Frameworks: Iraq should amend its legal frameworks to ensure that all executions comply with international human rights standards. This includes establishing clear guidelines for fair trials and prohibiting torture.

2. Independent Monitoring: Establish an independent body to monitor executions and prison conditions. This body should have the authority to investigate allegations of torture and ensure transparency in the judicial process.

3. Public Awareness Campaigns: Launch campaigns to educate the public about human rights, the legal process, and the implications of capital punishment. Increased awareness can foster public pressure for reform.

4. International Cooperation: Engage with international human rights organizations, such as Amnesty International and the UN, to review and reform execution practices. Such collaboration can provide technical assistance and promote adherence to global standards.

5. Moratorium on Executions: Implement an immediate moratorium on all executions while a comprehensive review of the death penalty and its application is conducted. This pause can prevent further human rights violations and allow for necessary reforms.

6. Legal Representation for Detainees: Ensure that all detainees have access to legal counsel from the moment of arrest. This is crucial for safeguarding their rights and ensuring fair trials.

7. Psychosocial Support for Families: Provide support services for families of those executed, including counseling and legal assistance to help them navigate the aftermath of these events.

By addressing these concerns and implementing these solutions, Iraq can move towards a more just and humane legal system that respects human rights and promotes accountability.