A/HRC/38/44/Add.1
(j)
Provide access to all places of detention of alleged ISIL fighters and
members, including women and children, to independent monitors and national and
international (non-governmental) organizations;
(k)
Ensure that all child detainees are held in appropriate juvenile facilities,
separate from adults;
(l)
(m)
members;
Notify families of the whereabouts of detained relatives;
Create a specialized court for dealing with juvenile alleged ISIL
(n)
Put an immediate end to swift trials and mass executions under the AntiTerrorism Law;
(o)
Ensure that victims, including women and children, are heard
throughout criminal proceedings;
Government and affiliated forces
(p)
Investigate and prosecute perpetrators of reported attacks by proGovernment forces on civilians in Mosul and other families, including arbitrary
killings and forced disappearances, alleged to have relatives who are affiliated to or
members of ISIL, as well as reports of destruction of civilian property;
(q)
Make public all investigations carried out so far into above-mentioned
and other attacks on civilians, especially those conducted by ad hoc committees, with
due concern to the protection of survivors;
Death penalty
(r)
Establish a moratorium on the use of the death penalty;
(s)
Pending abolition, undertake an independent and comprehensive review
of all relevant legislation to bring it into compliance with international human rights
law and standards related to capital punishment, in particular its mandatory nature
for certain crimes;
(t)
Ensure that the death penalty is not imposed on persons below the age of
18;
(u)
Ensure full application of the Vienna Convention on Consular Relations
in death penalty cases involving foreign nationals;
(v)
The Kurdistan Regional Government should adopt a formal moratorium
on the use of the death penalty and conduct a comprehensive review of all relevant
legislation with a view to repealing it;
Victim-centred transitional justice mechanisms
(w) Develop a transitional justice strategy, consisting of identifying priorities
and mechanisms of investigation, prosecution and reparation, including to address
stigma;
(x)
Document all violations of the right to life, war crimes and crimes
against humanity committed in Iraq against all groups and individuals, by all
perpetrators without exception;
(y)
Ensure a victim-centred approach to justice, including through actively
soliciting victim and witness participation in trials, supporting their participation,
ensuring confidentiality of information and data, and providing witness protection
programmes where necessary;
(z)
Develop truth-telling and truth-seeking processes and institutions with
the authority to address violations committed by all sides to the conflict, including by
issuing subpoena to garner testimony and witnesses;
19
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