A/HRC/38/44/Add.44 Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions on her mission to Iraq: comments by State* Ministerial Committee on Reception the Special Rapportuers under the Ministerial order 930 in 7/9/2017. Subject:-Reply to the draft report of the Special Rapporteur on Extrajudicial, summary or arbitrary executions on her visit to Iraq from 14- 23/ November 2017. The above-mentioned Committee would like to include the following observations on the draft report on the visit of Ms. Agnes Callamard to Iraq for the period from 14 – 23/ November 2017. The Committee considers that is necessary to list the additions or observations in the final report of the Special Rapporteur. 1 In the context of its paragraphs, the report used phrases with a special legal meaning that did not correspond to the legal reality of Iraq, such as: -Armed conflict: Whereas Iraq considers the military actions on the ground as a national measures to combat terrorism and that process does not give terrorist groups any legal status under international humanitarian law. - (popular mobilization forces, militias, armed groups), these words have been repeated several times in the context of the report. The committee would like to clarify that popular mobilization forces is formed according to law No.40/2016 under the name (Popular Mobilization Authority), subjected to the commands of the leadership of Prime Minister and was actually integrated within the Iraqi armed forces and part of it . 2 The report relied on the findings of the Special Rapporteur based on her own "sources of information." The report did not refer to the view point or position of the Iraqi government on the facts or information included therein. The Special Rapporteur should make a balance in listing the Iraqi Government's vision in the report to ensure neutrality and credibility of the information. 3 On paragraph 10, which referred to the situation in Kurdistan, the committee would like to clarify that there was no declaration of independence of the Kurdistan region, but a referendum in which considered by the Iraqi government illegal and was not followed by any declaration of independence. Also, it requires reference here that the intervention of the Central Iraqi government in the disputed areas was in accordance with the Constitution of Iraq Without any complications of the situation, especially with regard to the cases of displacement referred in the report, then it would be suitable to amend this paragraph mentioned above. 4 Regarding the challenges post ISIL period and transitional justice phase , the increase of terrorists acts since 2003 pushed the Iraqi legislator to enact anti- terrorism law no.13/2005, where such law is applied together with other laws such as Iraqi penal code, besides the procedures of investigations are being applied according to Iraqi Criminal Procedure Law , and this is done through intersection of evidences in order to reach to the facts , also the trial shall be before the specialized judiciary where the accused shall enjoy all the guarantees of fair trial . The pursuit of terrorism has become an urgent necessity lied upon the shoulders of international community. * Reproduced as received. 8