A/HRC/14/14
8.
The Government of National Unity formed after the 2005 democratic elections has
placed the task of protecting human rights at the core of its programme. Terrorist groups
have sought to undermine the rule of law by instilling chaos, creating a feeling of
insecurity, destroying infrastructure and targeting scientists. One such group recently
threatened to disrupt the forthcoming electoral process.
9.
The national report is the outcome of the work of a committee composed of a
number of ministries that coordinated with other governmental, parliamentarian, judicial
and non-governmental institutions. The committee was open to consultations and
networking with civil society organizations and received technical assistance from the
United Nations Assistance Mission for Iraq (UNAMI) and the United Nations Office for
Project Services (UNOPS). Since the submission of the report, a number of developments
have taken place, including the adoption of a new electoral law with new guarantees for the
representation of minorities and the adoption of the open list. Moreover, law on civil
society organizations was adopted that regulates the work of such organizations and
supports their role in society. An independent high commission for human rights is in the
process of being put in place.
10.
Responding to advance questions, the delegation noted that the Government
understood the need to review a large number of laws with a view to harmonizing them
with international human rights standards. Iraq has finalized the procedures for acceding to
two conventions and has begun to study the possibility of becoming party to additional
instruments. The Government has drafted new laws on combating the trafficking in
persons; fighting against terrorism, money-laundering and the financing of terrorism;
freedom of opinion, assembly and peaceful demonstration; and the protection of journalists.
11.
The delegation stressed that, because of the exceptional circumstances in Iraq and
the prevalence of terrorist crimes targeting the right to life, the death penalty had been
maintained as a means of deterrence and to provide justice to the families of victims. The
number of cases in which the death sentence is pronounced has been reduced, and its
application is limited to the most serious crimes, including genocide, crimes against
humanity and crimes of terrorism. All legal guarantees are provided to the accused in all
stages of prosecution and until the sentence is carried out, and efforts are being made to
reduce the number of executions to a minimum.
12.
Torture and ill treatment are criminalized and prohibited in the Constitution and law,
and officials accused of such acts are referred to the courts. The Ministry of Human Rights
monitors allegations of torture in places of detention. Cases of torture do not represent a
systematic policy, but rather occur because of lack of experience on the part of
investigators, and constitute individual cases. The judiciary has attached importance to the
protection and implementation of legal guarantees at all stages, and confessions obtained
under torture are not taken into account. Iraq has finalized the national process of acceding
to the Convention against Torture (CAT).
13.
There are public annual reports on conditions in prisons and detention centres, which
contain detailed information about the measures taken by the judiciary and executive
powers. There is also an annual report containing information about the victims of terrorism
and violence and about policies to combat terrorism and reduce violence in the country.
14.
Terrorist groups have targeted minority groups, including through attacks on places
of worship, killings and kidnappings. Efforts to protect minorities include protecting and
reconstructing places of worship; ensuring the return of, protection for and financial
assistance to displaced minorities; compensating victims; and coordinating directly with the
heads of various sects in order to fulfil their needs.
15.
In January, the Government launched a national strategy for the alleviation of
poverty, in cooperation with the World Bank. The objectives of the strategy were
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