A/HRC/30/66
capacity-building assistance to justice actors to strengthen the rule of law and respect for
due process, and in this regard will implement a project to facilitate consultations with
stakeholders and develop human rights and rule of law training curricula for civilian law
enforcement and corrective services officials.
58.
UNAMI/OHCHR also brought allegations of enforced disappearance to the attention
of the Government. Multiple reports were received that individuals had been detained by
Iraqi and Kurdish authorities, but their whereabouts had not been communicated to their
families, detainees had not been informed of the charges against them, they had been
denied access to legal representatives or were being held incommunicado.
UNAMI/OHCHR engaged with the Minister of the Interior, the Minister for Defence, the
Minister for Human Rights and the Minister for Justice to ascertain whether disappeared
individuals had been detained by any Iraqi authorities and, if so, requested that they provide
information on the whereabouts and condition of specified individuals, as well as on the
status of any legal proceedings against them. In June 2015 the Government of Iraq
responded to the queries of the Committee on Enforced Disappearances in relation to three
cases.
2.
Detention standards
59.
According to the Government, as at 14 April 2014, 27,843 persons were being held
in detention centres and prisons administered by the Ministry of Justice. This number
included 11,779 detained under the Anti-terrorism Law (both those awaiting trial and those
convicted), 926 women and 181 juveniles. 10
60.
Where security conditions allow, UNAMI/OHCHR regularly visits detention centres
and prisons under the authority of the Ministry of Justice. Although conditions of detention
have improved, problems persist, including overcrowding, poor hygienic conditions and
limited medical services in some facilities. UNAMI/OHCHR also noted a lack of
specialized facilities to accommodate women and children, who are often held in cells in
police stations. Children are often interned in adult facilities.
61.
Through its monitoring, UNAMI/OHCHR notified the authorities responsible for
detention facilities and the Ministry of Justice of issues of concern and cases requiring
attention. It also made recommendations on improving conditions of detention to bring
them into line with international standards. Owing to the security situation in the country
and the transfer of prisoners and detainees to safe areas, detention centres and prisons have
suffered serious overcrowding in already inadequate penitentiary infrastructure.
62.
For instance, in early April, UNAMI/OHCHR visited the Basra Central Prison,
where many individuals held for terrorism-related offences are detained. UNAMI met with
the director to discuss compliance with due process standards, particularly the right of
detainees to have access to a lawyer while in detention and facilitation of the right of the
accused to prepare an adequate defence. The duties of prison officials and procedures that
should be in place when faced with credible allegations of torture were also discussed. The
director pointed out that, owing to transfers of detainees from other parts of Iraq, the facility
hosted twice as many detainees than its maximum capacity. Similarly, the director of alHoot prison in Nassiyira pointed out the same problem in his facility.
63.
Overcrowding was exacerbated by the lack of adequate resources for the judiciary to
process cases in a timely and efficient manner.
10
12
The figures include detainees held in two federal prisons in the Kurdistan region of Iraq. The number
of detainees held under the authority of the ministries of the Interior, Defence and Labour and Social
Affairs is not known.
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