CAT/C/IRQ/CO/1
possible, of the alleged perpetrators, so that the State party can fully exercise its duties
under the Convention when effective control is re-established and ensure that those
found responsible are prosecuted and held accountable;
(c)
Ensure that the alleged perpetrators of and accomplices to torture,
including persons in positions of command, are duly prosecuted and, if found guilty,
given penalties commensurate with the grave nature of their acts. Recalling the
principle embodied in article 2 (3) of the Convention, that an order from a superior or
a public authority may not be invoked as a justification for torture, the Committee
draws the State party’s attention to paragraph 26 of its general comment No. 2 on the
subject;
(d)
Provide effective remedies and redress to victims, including fair and
adequate compensation, and as full rehabilitation as possible, in accordance with the
Committee’s general comment No. 3 (2012) on the implementation of article 14 of the
Convention by State parties.
Conflict-related sexual violence
13.
The Committee is particularly concerned about reports of ISIL fighters raping
female captives, and about the fact that this extremist group has instituted a pattern of
sexual violence, slavery, abduction and human trafficking targeted at women and girls
belonging to religious and ethnic minorities (see S/2015/203, paras. 28-31). It is equally
concerned by reports of sexual violence committed by members of the Iraqi army and
militias on all sides of the conflict. The Committee is further concerned at the apparent
impunity enjoyed by the perpetrators of such acts (arts. 1, 2, 4 and 16).
The State party should take vigorous measures to promote the protection of women
and eliminate the impunity enjoyed by the perpetrators of acts of sexual violence in
the context of the armed conflict, whether they are State officials or non-State actors;
conduct prompt, impartial and thorough inquires; try the perpetrators of such acts
and, if they are found guilty, sentence them to punishment commensurate with the
gravity of their acts; and provide adequate redress to victims, including those fleeing
ISIL-controlled areas, in particular ensuring that women fleeing such violence have
access to shelter, medical and psychological care and rehabilitation and public
services, and are able to access such services without discrimination on the basis of
gender or other status.
Fundamental legal safeguards
14.
The Committee takes note of the procedural safeguards set out in article 123 of the
Code of Criminal Procedure (Act No. 23 of 1971), mainly the right to remain silent and the
right to be represented by a lawyer before the investigating judge. It regrets, however, the
lack of information provided on the measures and procedures in place to ensure the
practical application of these and other fundamental legal safeguards to prevent torture and
ill-treatment. In that respect, it has been reported that detainees are frequently deprived of
timely access to a lawyer and a medical doctor, and of their right to notify a person of their
choice. It is also concerned at allegations regarding the failure to maintain accurate
registration records, to adequately inform detained persons about their rights and to adhere
to the 24-hour limit for detainees to be brought before a judge (art. 2).
The State party should ensure that all detainees are afforded, by law and in practice,
all fundamental legal safeguards from the very outset of their deprivation of liberty,
including the rights to be assisted by a lawyer without delay, to have immediate access
to an independent medical doctor, regardless of any medical examination that may be
conducted at the request of the authorities, to be informed of the reasons for arrest
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