Torture and Human Rights Violations in Iraq: Urgent Need for Accountability and Legal Reform

Torture and Human Rights Violations in Iraq: A Call for Accountability and Reform

Introduction

The issue of torture and human rights violations in Iraqi detention centers has once again come to the forefront, drawing widespread condemnation from activists, human rights organizations, and international bodies. Recent incidents, coupled with reports of systemic abuses, underscore the urgent need for comprehensive reforms to align Iraq’s detention practices with international human rights standards and the rule of law.

Human Rights Perspective: Violations and International Accountability

The United Nations Convention Against Torture (UNCAT), to which Iraq is a party, categorically prohibits torture under any circumstances. Torture not only violates basic human dignity but also undermines justice and accountability. Recent cases in Iraq, including deaths in custody and severe mistreatment of detainees, highlight a troubling disregard for these principles.

Human rights organizations such as Amnesty International and Human Rights Watch have repeatedly criticized Iraq for its failure to prevent torture, ensure fair trials, and improve detention conditions. In 2024, Human Rights Watch reported a sharp increase in unlawful executions and credible allegations of torture, with an estimated 8,000 individuals on death row. Such practices place Iraq at risk of international accountability, as they contravene not only the UNCAT but also the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to life and protection from inhumane treatment.

Recent Incidents Highlighting Systemic Failures

Several recent events have brought these violations into sharper focus:

1. Death Under Torture in Najaf:

- Hassan Karim died in detention after being tortured with electric shocks, "falaqa" (beating on the soles of the feet), and being forced to drink dishwashing liquid.

- His cellmate, Hussein Karim, described the brutal treatment they endured, which culminated in Hassan’s death. The incident sparked tribal tensions and parliamentary intervention while prompting the Ministry of Interior to launch an investigation.

2. Assault in Diyala Province:

- A detainee was severely beaten after being arrested for allegedly tearing a poster of Qassem Soleimani and Abu Mahdi al-Muhandis. Photographs published by provincial police showed visible bruises and swelling on the detainee’s face, raising questions about the legal basis for his arrest and treatment.

3. Protests in Amara Central Prison:

- Prisoners set fire to their cells in protest against harsh treatment by prison officials. The detainees demanded the removal of the intelligence director responsible for their mistreatment. A committee was formed to address their grievances, but such incidents reflect broader systemic issues within Iraq’s prison system.

The Rule of Law Perspective: Ensuring Justice

The rule of law requires that all investigative and detention practices adhere to legal frameworks that protect individual rights. Torture undermines the credibility of evidence obtained during interrogations, violates due process, and erodes public trust in the justice system.

Iraq’s Constitution (Article 37) explicitly prohibits torture and mandates humane treatment of detainees. Additionally, Article 333 of the Iraqi Penal Code criminalizes acts of torture by public officials. However, the gap between legal provisions and actual practices remains significant. Investigative committees formed after such incidents often fail to produce meaningful results, perpetuating a culture of impunity.

International Standards and Recommendations

The Iraqi government must urgently address these violations by implementing reforms aligned with international standards, such as:

- Nelson Mandela Rules (UN Standard Minimum Rules for the Treatment of Prisoners): These emphasize humane treatment, prohibition of torture, and access to medical care for detainees.

- Istanbul Protocol: This provides guidelines for investigating allegations of torture and ensuring accountability for perpetrators.

Human rights activist Wissam al-Abdullah highlighted the parallels between Iraqi prison conditions and those documented in Syria’s Sednaya prison, warning that Iraq risks international accountability unless immediate reforms are undertaken.

Recommendations for Reform

1. Independent Monitoring: Allow access to detention facilities by independent human rights organizations to ensure transparency and compliance with international standards.

2. Training for Security Officials: Provide mandatory training on investigative interviewing techniques that respect human rights and prohibit torture.

3. Accountability Mechanisms: Establish independent bodies to investigate allegations of torture and prosecute perpetrators under Iraqi law.

4. Improved Detention Conditions: Ensure adequate food, water, medical care, and humane treatment for all detainees.

Conclusion

The recurring incidents of torture and human rights violations in Iraqi prisons demand immediate attention from both national authorities and international stakeholders. Upholding human dignity is not optional—it is a legal and moral obligation enshrined in international human rights law and Iraq's domestic legal framework. Without meaningful reforms, Iraq risks further eroding its credibility on the global stage while perpetuating cycles of injustice at home. By prioritizing accountability, transparency, and respect for human rights, Iraq can begin to rebuild trust in its criminal justice system and ensure that no individual is subjected to torture or degrading treatment ever again.