CAT/C/IRQ/CO/1
and the nature of any charges against them in a language that they understand, to be
registered at the place of detention, to inform promptly a close relative or a third
party concerning their arrest, and to be brought before a judge without delay.
Allegations of torture and ill-treatment
15.
The Committee welcomes the State party’s categorical rejection of any form of
torture, independent of who the perpetrators are. However, while taking note of the
delegation’s assurances that the practice of torture in Iraq is not of a systematic nature, the
Committee remains deeply concerned by reports of routine and widespread use of torture
and ill-treatment of suspects in police custody, as well as in pretrial detention centres run by
the Ministry of the Interior and the Ministry of Defence, primarily to extract confessions or
information to be used in criminal proceedings. The Committee is also concerned about
allegations of torture and ill-treatment, including rape and other forms of sexual abuse,
against women in custody — mostly Sunni Muslims —, who are frequently detained for
allegedly “covering up” for their husbands or other male family members (arts. 1, 2, 4, 1113, 15 and 16).
The Committee urges the State party to:
(a)
Ensure that all instances and allegations of torture and ill-treatment are
investigated promptly, effectively and impartially, and that the perpetrators are
prosecuted and convicted in accordance with the gravity of their acts, as required by
article 4 of the Convention;
(b)
Install and maintain video recordings of all interrogations and install
video surveillance in all areas of custody facilities where detainees may be present,
except in cases where detainees’ right to privacy or to confidential communication
with their lawyer or doctor may be violated. Such recordings should be kept in secure
facilities and be made available to investigators, detainees and lawyers;
(c)
Unambiguously reaffirm the absolute prohibition of torture and publicly
warn that anyone committing such acts or otherwise complicit or acquiescent in
torture will be held personally responsible before the law for such acts and will be
subject to criminal prosecution and appropriate penalties;
(d)
Discontinue the illegitimate practice of detaining and charging women
for alleged crimes of their husband or other male family members, and institute
disciplinary measures or criminal prosecution, as appropriate, against officials
responsible for these abuses.
Secret detention in cases involving security concerns
16.
The Committee remains concerned at information pointing at a consistent pattern
whereby alleged terrorists and other high-security suspects, including minors, are arrested
without any warrant, detained incommunicado or held in secret detention centres for
extended periods of time, during which they are severely tortured in order to extract
confessions. According to allegations received by the Committee, the detention facility at
the former Al-Muthanna military airport in West Baghdad, which was uncovered in 2011,
is still open and continues to operate secretly under the control of the 54th and 56th
Brigades of the army (arts. 2, 11, 12, 15 and 16).
The State party should:
(a)
Ensure that no one is detained in any secret detention centres, as these
facilities are per se a breach of the Convention and should be closed. The Committee
urges the State party to investigate and disclose the existence of any other such facility
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