CAT/C/IRQ/CO/1
judges who fail to respond appropriately to allegations of torture raised during
judicial proceedings.
Judicial system
23.
The Committee is concerned about the reported lack of independence, impartiality
and adequate training of the judiciary, which hinders the full enjoyment of human rights,
such as the prohibition of torture and other cruel, inhuman and degrading treatment or
punishment. It is also concerned about reports regarding questionable judicial practices
under the Anti-Terrorist Law of 2005 and the Code of Criminal Procedure, such as arrests
without warrants, protracted pretrial detention, indefinite detention of suspects, and
convictions based on the testimony of secret informants (arts. 2 and 11).
The State party should ensure a fully independent, impartial and well-trained
judiciary in conformity with the Bangalore Principles of Judicial Conduct and other
relevant international standards. In particular, the State party should reform and
strengthen the judiciary to effectively address issues of impunity, victim redress and
due process, in line with the Convention and the commitment made by the State party
during the universal periodic review in November 2014 (see A/HRC/28/14,
paras. 127.145 and 127.222, and A/HRC/28/14/Add.1).
Gender-based violence
24.
The Committee expresses its serious concern that gender-based violence, including
rape, domestic violence and crimes committed in the name of “honour”, remains pervasive
in the State party. While welcoming the promulgation of Act No. 8 (2011) on domestic
violence in the Kurdistan Region, the Committee notes with concern that the State party has
not yet enacted comprehensive legislation to combat violence against women, including
marital rape and so-called “honour” crimes. The Committee takes note of the explanation
by the delegation that provisions in the Penal Code allowing for reduced sentences for
“honour” crimes and the impunity of perpetrators of rape in cases where they marry the
victim, which remain in law, are allegedly no longer being applied, despite the information
from non-governmental sources to the contrary. It also notes with concern that only in the
Kurdistan Region have local non-governmental organizations been permitted to run shelters
for women fleeing violence and that non-governmental organizations seeking to maintain
shelters in other parts of the territory have faced harassment and attacks by State and nonState actors (arts. 1, 2, 4 and 16).
The State party should:
(a)
Ensure that all cases of violence against women are thoroughly
investigated, that perpetrators are prosecuted and that victims obtain redress,
including fair and adequate compensation;
(b)
Provide better protection and appropriate care for such victims,
including access to safe houses, State-run and private shelters, identity documents
without prior authorization of a male family member, medical care and psychological
support;
(c)
Increase cooperation with non-governmental organizations working to
protect women and girls from violence throughout the country, and ensure that such
organizations are protected from all forms of harassment and violence;
(d)
Enact comprehensive legislation to combat domestic and gender-based
violence, including a law permitting privately run shelters;
7