Fair justice in Iraq: safeguards to prevent torture as guaranteed in the Iraqi law

Full implementation of legal conditions and procedural safeguards from the onset of arrest and detention is generally considered among the most effective measures in preventing torture.

Do these safeguards exist and apply in Iraq? Yes, they are outlined in the Iraqi laws, in particular:

• The Iraqi Constitution of 2005
• The Iraqi Criminal Procedural Code (Law No. 23 of 1971, as amended)
• The Prisoners and Detainees Reform Act (Law No. 14 of 2018)

What is the purpose of these safeguards? They aim to:

• Ensure fair proceedings
• Provide adequate conditions of detention
• Prevent torture by removing many of the opportunities for such practices to occur
• Deter false allegations by detainees
• Support the collection and documentation of evidence

How do they specifically prevent torture? By ensuring for example:

ü  Presence of lawyers during interrogations from the initial phase of the investigation

ü  Medical examinations of detainees by independent doctors

ü  Exclusion of confessions obtained by torture from evidence used in courts

ü  Contact of detainees with their families

ü  Oversight of detention by the judiciary

ü  Use of official places of detention and independent monitoring

ü  Video-recording of interrogation sessions

ü  Accountability for torture

For more information, read the joint UNAMI/OHCHR report calling for stronger compliance with key legal conditions and procedural safeguards to prevent torture in Iraq as set out in the international and Iraqi legal framework.

Report EN: https://iraq.un.org/en/138504-human-rights-administration-justice-iraq-legal-conditions-and-procedural-safeguards-prevent