CAT/C/IRQ/CO/1
(e)
Repeal mitigating and exculpatory provisions in the Penal Code about
rape and “honour” crimes (arts. 128, 130, 131 and 149), and act promptly to end
impunity for rape and gender-based violence;
(f)
Provide mandatory training on the prosecution of cases of gender-based
violence for law enforcement and judicial officers, and facilitate victims’ access to
justice. It should also conduct public awareness-raising activities to change prejudicial
attitudes towards women.
Violence against individuals on grounds of their real or perceived sexual orientation
or gender identity
25.
The Committee is concerned at reliable reports of attacks, some of which have
resulted in deaths, against individuals perpetrated on grounds of their real or perceived
sexual orientation or gender identity. According to the information before the Committee,
these attacks occur regularly and with impunity. The Committee appreciates the State
party’s creation of a governmental commission for the rights of lesbian, gay, bisexual and
transgender persons, but regrets the lack of information as to its concrete activities. It is also
concerned by the report of the United Nations Assistance Mission for Iraq on human rights
in Iraq issued in October 2012 (pp. 15-16) and other reports regarding the murder of young
Iraqi “emos” (a teen subculture) on account of their identity (arts. 2, 4, 14 and 16).
The State party should take effective measures to prevent violence based on real or
perceived sexual orientation and gender identity and ensure that all acts of violence
are investigated and prosecuted promptly, effectively and impartially, perpetrators
brought to justice and victims provided redress.
Refugees, non-refoulement
26.
While taking note of the delegation’s statement that the principle of non-refoulement
is being applied practically, the Committee remains concerned at reports of inconsistent
border policies. In this regard, it notes with concern that the existing legislation is
inadequate for refugee protection. The Committee also takes note of the delegation’s
assurance that no attempts have been undertaken by the Iraqi authorities to expel former
residents of Camp Ashraf, now temporarily located in the Camp Hurriya temporary transit
location. Lastly, it regrets the lack of information provided by the State party on the number
of cases in which refoulement, extradition and expulsion were carried out during the
reporting period and on the number of instances in which it has not expelled persons in
danger of being torture in the country of return (art. 3).
The Committee recommends that the State party:
(a)
Strengthen its domestic legislative framework by adopting a
comprehensive law on asylum consistent with international standards and in
accordance with article 3 of the Convention;
(b)
Ensure procedural safeguards against refoulement and effective
remedies with respect to refoulement claims in removal proceedings, including review
by an independent judicial body concerning rejections;
(c)
Scrupulously respect the memorandum of understanding signed on 25
December 2011 with the United Nations, which explicitly recognizes that the former
residents of Camp Ashraf benefit from the principle of non-refoulement.
The Committee encourages the State party to consider ratifying the Convention
relating to the Status of Refugees, the Protocol relating to the Status of Refugees, the
Convention relating to the Status of Stateless Persons and the Convention on the
Reduction of Statelessness.
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