CAT/C/IRQ/CO/1
Definition and criminalization of torture
27.
While taking note of the information provided by the delegation on the content and
status of the draft law on torture, the Committee is concerned that a comprehensive
definition of torture in conformity with the Convention, including torture for discriminatory
purposes, is not yet contained in the domestic law. It is also concerned over the lack of
clarity regarding the penalties associated with that crime (arts. 1 and 4).
The State party should define torture in full conformity with article 1 of the
Convention, and ensure that such offences are punishable by appropriate penalties
that take into account their grave nature, in accordance with article 4 (2) of the
Convention. The Committee draws the State party’s attention to its general comment
No. 2, in which it states that serious discrepancies between the Convention’s definition
and that incorporated into domestic law create actual or potential loopholes for
impunity (para. 9).
Universal jurisdiction
28.
The Committee is concerned that torture and related crimes are not included in the
list of offences indicated in paragraph 42 of the State party’s initial report over which courts
can exercise universal jurisdiction (arts. 5 and 8).
The State party should, in accordance with article 5 (2) of the Convention, take
legislative measures and other measures necessary to establish its jurisdiction over
crimes of torture and other related offences in cases where the alleged offender is
present in any territory under its jurisdiction and it does not extradite him or her.
Trafficking
29.
While welcoming the adoption of Act No. 28 (2012) on combating trafficking in
persons, the Committee notes with concern the increasing internal and cross-border
trafficking of women and children in the State party as a result of the deteriorating security
situation. It also expresses its concern at allegations, to which the State party did not
respond, that traffickers post bail for incarcerated women to force them into prostitution
through debt bondage. The Committee regrets the lack of information provided by the State
party regarding the number of prosecutions, convictions and sentences of perpetrators of
trafficking (arts. 2, 12 and 16).
The State party should:
(a)
Intensify its efforts to prevent and combat trafficking in human beings,
including by implementing effectively the 2012 anti-trafficking legislation and by
providing protection for victims, including shelters and psychosocial assistance;
(b)
Conduct prompt and impartial investigations into cases of human
trafficking, ensure that those found guilty of such crimes are punished with penalties
appropriate to the nature of their crimes, and guarantee that all victims of such acts
obtain redress;
(c)
Ensure that victims of trafficking for forced sexual exploitation are not
criminalized for prostitution-related offences;
(d)
Ensure the systematic collection of data on trafficking flows to and in
transit through the country.
Training
30.
While taking note of the existing training programmes on human rights for police
officers, prison staff and judicial officers, the Committee remains concerned by the lack of
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