CAT/C/IRQ/CO/1
and the authority under which any of them has been established. It should also bring
all legal detention facilities under the exclusive authority of the Ministry of Justice;
(b)
Ensure that all allegations of torture and ill-treatment brought forward
by detainees in the former Al-Muthanna military airport be impartially investigated,
the results made public, and any perpetrators responsible for breaches of the
Convention be held accountable;
(c)
Review the use of incommunicado detention with a view to its abolition.
Conditions of detention
17.
The Committee notes that the delegation acknowledged the difficult conditions in
the State party’s prisons, in particular overcrowding and poor sanitation. It takes note of the
statement by the delegation that the State party is investing funds in expanding the
penitentiary infrastructure and that preventive and sanitary measures are being taken to
avoid contagious diseases, such as scabies (arts. 11 and 16).
The State party should take the measures necessary to alleviate the overcrowding of
the penitentiary institutions and other detention facilities, including through the
application of non-custodial measures.
Monitoring detention centres
18.
The Committee notes with concern that the High Commission for Human Rights in
practice is unable to make unannounced visits to detention facilities owing to the lack of an
established framework for liaison between the national human rights institution and the line
ministries. The Committee is also concerned that the High Commission is not granted
access to facilities controlled by the Ministry of the Interior and the Ministry of Defence
(arts. 2, 11 and 16).
The State party should guarantee that the High Commission for Human Rights is
granted access to all places of detention and is able to carry out unannounced visits, in
accordance with its mandate. The Committee invites the State party to ratify the
Optional Protocol to the Convention.
Deaths in custody
19.
The Committee remains concerned over allegations of death in custody as a result of
torture. It notes that, despite the requests made to the State party’s delegation to provide
information on cases of deaths in custody that occurred during the period under review, no
information has been received on this subject, nor on any investigations into such deaths
(arts. 2, 11 and 16).
The State party should take measures to ensure that all instances of death in custody
are promptly and impartially investigated by an independent body, and that those
found responsible for deaths in custody that result from torture, ill-treatment or
wilful negligence are brought to justice and, on conviction, adequately punished.
Death penalty
20.
The Committee is concerned about the wide range of offences for which the death
penalty is imposed, as well as the high execution rates in the State party. It is further
concerned about the failure to fully respect and protect international and constitutional
guarantees of due process and fair trial standards in death penalty cases (arts. 2 and 16).
The State party should ensure that if the death penalty is imposed it is only for the
most serious crimes and in compliance with international norms. It should consider
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