Iraqi judges routinely disregard allegations of torture by security forces against terrorism suspects and accept convictions credibly claimed to be the result of such tactics, Human Rights Watch (HRW) [advocacy website] said [report] Tuesday.
“Torture is rampant in Iraq’s justice system, yet judges lack instructions for responding to torture allegations,” said HRW deputy Middle East director Lama Fakih. The organization found that judges “refused to respond in any way to the allegations of torture” in 22 of the 30 cases HRW reviewed in Baghdad alone. The report further states that “[i]n several cases, the judge ordered a forensic medical examination and found signs of torture, but did not necessarily order a retrial or investigation and prosecution of the abusive officers.”
HRW has claimed [report] that the use of torture by Iraqi security forces has significantly increased since the government began to engage in mass arrests of those suspected of having ties to the Islamic State.
HRW maintains that reform of the country’s criminal justice system is needed and that:
Iraq’s High Judicial Council should issue guidelines on the steps judges are obliged to take when a defendant alleges being tortured in custody. Parliament should pass the draft Anti-Torture Law, which would require judges to order a medical examination of any detainee alleging torture within 24 hours of learning of the allegation. As it currently stands, the draft law provides criminal sanctions for the torturer as well as their commander; says that judges should dismiss all evidence obtained through torture; removes the torturer from the case; and requires officials to allow detainees to have their lawyer present throughout the investigative period.