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Al-Abadi offered the Sunnis what he called "the last chance", and promised them a pardon during a news conference in Samarra, 60 miles north of Baghdad. His office said he arrived in Samarra to "supervise the operation to liberate Tikrit from the terrorist gangs. The Iraqi military previously launched an operation in late June to try to wrest back control of Tikrit, but that quickly stalled.
Other planned offensives by Iraq's military, which collapsed under the initial ISIS blitz, also have failed to make up ground, though soldiers have taken back the nearby refinery town of Beiji, backed by airstrikes from a U. Al-Abadi's comments appear to be targeting former members of Iraq's outlawed Baath party, loyalists to Saddam Hussein, who joined ISIS during its offensive, as well as other Sunnis who were dissatisfied with Baghdad's Shiite-led government. The premier likely hopes to peel away some support from the terror group, especially as Iraqis grow increasingly horrified by the extremists' mass killings and other atrocities.
In February alone, violence across Iraq killed at least 1, Iraqis, including more than civilians, the U. Assistance Mission in Iraq said Sunday. Last year was the deadliest in Iraq since its sectarian bloodshed, with a total of 12, people killed and 23, wounded, according to the U. Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox. Offensive launched to recapture Tikrit.
Iraqi forces reportedly begin attack to recapture Tikrit from ISIS
They usually received permission, but typically at a higher rate and more quickly at Ministry of Social Affairs prisons than those run by the Asayish. KHRW also stated the Asayish sometimes denied holding prisoners to avoid granting independent organizations access to them. KHRW stated in July they had evidence that two Kurdish youth arrested in March on suspicion of drug trafficking remained in Asayish custody without trial, but Asayish authorities denied any knowledge of their cases.
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Despite such protections, there were numerous reports of arbitrary arrests and detentions, predominantly of Sunni Arabs, including IDPs. Numerous domestic security forces operated throughout the country. The regular armed forces and domestic law enforcement bodies maintained order within the country. The PMF, a state-sponsored umbrella military organization composed of approximately 60 militia groups, operated throughout the country.
They sometimes undertook operations independent of political leaders or military commanders and discounted the authority of commanders during sanctioned operations. Shia Arab militia operated across the country, while Sunni Arab, Yezidi, Christian, and other minority PMF units generally operated within or near their home regions. Energy police, under the Ministry of Oil, are responsible for providing infrastructure protection.
Conventional military forces under the Ministry of Defense are responsible for the defense of the country but also carry out counterterrorism and internal security operations in conjunction with the Ministry of Interior.
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The Counterterrorism Service reports directly to the prime minister and oversees the Counterterrorism Command, an organization that includes three brigades of special operations forces. The NSS intelligence agency also reports directly to the prime minister. In March the prime minister issued a decree formalizing inclusion of the PMF in the security forces, granting them equivalent salaries and subjecting them to military service laws.
The prime minister, national security advisor, and ISF did not demonstrate consistent command and control over all PMF activities, particularly units aligned with Iran. Actions by disparate PMF units exacerbated security challenges and sectarian tensions, especially in diverse areas of the country such as Ninewa and Kirkuk Governorates. KRG forces detained suspects in areas the regional government controlled. Poorly defined administrative boundaries and disputed territories between the IKR and the rest of the country led to confusion over the jurisdiction of security forces and the courts.
Government forces made limited efforts to prevent or respond to societal violence, including ethnosectarian violence that continued to flare in Kirkuk and Ninewa Governorates during the year. Civilian authorities did not maintain effective control over some elements of the security forces, particularly certain Iran-aligned PMF units.
Impunity was a problem. According to international human rights organizations, abuse took place primarily during detainee interrogations while in pretrial detention. The military and Federal Police recruited and deployed soldiers and police officers on a nationwide basis, leading to complaints from local communities that members of the army and police were abusive because of ethnosectarian differences.
The minister of interior or the prime minister can also order investigations into high-profile allegations of human rights abuses, as occurred following reports of ISF abuses during September protests in Basrah.
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The government rarely made the results of investigations public or punished those responsible for human rights abuses. The KRG High Committee to Evaluate and Respond to International Reports reviewed charges of Peshmerga abuses, largely against IDPs, and exculpated them in public reports, but human rights organizations questioned the credibility of those investigations.
The law prohibits the arrest or remand of individuals, except by order of a competent judge or court or as established by the code of criminal procedures. For offenses punishable by death, authorities may legally detain the defendant as long as necessary to complete the judicial process. The Ministry of Justice is responsible for updating and managing these registers. The law also prohibits any entity, other than legally competent authorities, to detain any person.
Local media and human rights groups reported that authorities arrested suspects in security sweeps without warrants, particularly under the antiterrorism law, and frequently held such detainees for prolonged periods without charge or registration. The government periodically released detainees, usually after concluding that it lacked sufficient evidence for the courts to convict them, but many others remained in detention pending review of other outstanding charges. In July HRW reported that the NSS admitted detaining more than individuals many arbitrarily or unlawfully for prolonged periods up to two years, despite not having a legal mandate to do so see section 1.
According to NGOs, detainees and prisoners whom the judiciary ordered released sometimes faced delays from the Ministry of Interior or other ministries to clear their record of other pending charges and release them from prison. The law allows release on bond for criminal but not security detainees. Authorities rarely released detainees on bail. The law provides for judges to appoint paid counsel for the indigent. Attorneys appointed to represent detainees frequently complained that insufficient access to their clients hampered adequate attorney-client consultation.
In many cases, detainees were not able to meet their attorneys until their scheduled trial date. There were numerous reports that defendants did not have access to legal representation during the investigation phase, appointed lawyers lacked sufficient time to prepare a defense, and that courts failed to investigate claims of torture while in detention. They instead wait for the court to appoint a lawyer and only step in after the case is transferred to the felony court, where the risk of harassment and threats is significantly lower.
Private defense attorneys did not represent any of the terrorism defendants in the 18 felony trials HRW observed in Baghdad and Ninewa, and the state-appointed defense attorneys reportedly did not actively mount a defense or seek investigations into torture claims. Lawyers said this lack of representation leaves defendants more vulnerable to abuse. Government forces held many terrorism-related suspects incommunicado without an arrest warrant and transported detainees to undisclosed detention facilities see section 1.
There were no reliable statistics available regarding the number of such acts or the length of detentions. Authorities often failed to notify family members of the arrest or location of detention, resulting in incommunicado detention if not enforced disappearance see section 1. Humanitarian organizations also reported that, in many instances, central government forces did not inform detainees of the reasons for their detention or the charges against them.
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Most reports of arbitrary or unlawful detention involved suspected members or supporters of ISIS and their associates and family members. There were also reports that security forces beat suspects, destroyed their houses, and confiscated property and food rations during operations to detain those with tenuous family ties to ISIS.
A September HRW report detailed the experiences of a man who reportedly was arbitrarily detained by KH for four months in and whose son remained missing. The man said that he, his son, and their taxi driver were arrested by KH at a checkpoint in Hilla and held for three days in a nearby house used as an unofficial detention center.
The man described how KH frequently beat him and his son with sticks, metal cables, and their hands. KH reportedly moved the two men to a larger unofficial detention facility where they met 64 other detainees, most belonging to the same tribe.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
After more than four months in squalid conditions, the man said KH dumped him and two older men on a Baghdad highway after a doctor who visited them told KH the men would likely die. The man stated that, as far as he knows, the same facility still held his son.
Lengthy pretrial detentions without due process or judicial action were a systemic problem, particularly for those accused of having ties to ISIS. There were no independently verified statistics, however, concerning the number of pretrial detainees in central government facilities, the approximate percentage of the prison and detainee population in pretrial detention, or the average length of time held.
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Overcrowding of pretrial detainees remained a problem in many detention centers. Lengthy pretrial detentions were particularly common in areas liberated from ISIS, where the large number of ISIS-related detainees and use of makeshift facilities led to significant overcrowding and inadequate services. There were reports of both detention beyond judicial release dates and unlawful releases. The destruction of official detention facilities in the war against ISIS led to the use of temporary facilities; for example, the Ministry of Interior reportedly held detainees in homes rented from local residents in Ninewa Governorate.
The government did not publish comprehensive statistics on the status of the more than 1, non-Iraqi women and children it detained during military operations in Tal Afar, Ninewa Governorate, in August In February and June HRW reported problems relating to the detention and trial of those foreign women and children. Authorities reportedly held numerous detainees without trial for months or years after arrest, particularly those detained under the antiterrorism law.
Authorities sometimes held detainees incommunicado, without access to defense counsel, presentation before a judge, or arraignment on formal charges within the legally mandated period.
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Authorities reportedly detained spouses and other family members of fugitives—mostly Sunni Arabs wanted on terrorism charges—to compel their surrender. KRG authorities also reportedly held detainees for extensive periods in pretrial detention. According to IKR judicial officials, IKR law permits extension of pretrial detention of up to six months under court supervision.
Despite the reform law concerning rights of detainees, NGOs widely reported that detainees had limited ability to challenge the lawfulness of detention before a court and that a bribe was often necessary to get charges dropped unlawfully or gain release from arbitrary detention. While a constitutional right, the law does not allow for compensation for a person found to have been unlawfully detained.
Amnesty : In December the Iraqi Kurdistan Parliament IKP issued an amnesty reducing the sentence of prisoners on death row to 15 years in prison, except in cases of terrorism, threatening national security, or killing women in so-called honor killings. The constitution provides for an independent judiciary, but certain articles of law restricted judicial independence and impartiality. The Federal Supreme Court rules on issues related to federalism and constitutionality, and a separate Higher Judicial Council manages and supervises the court system, including disciplinary matters.
Corruption or intimidation reportedly influenced some judges in criminal cases at the trial level and on appeal at the Court of Cassation. Numerous threats and killings by sectarian, tribal, extremist, and criminal elements impaired judicial independence. Judges, lawyers, and their family members frequently faced death threats and attacks. For example, in April a group of armed individuals shot and wounded a judge in Maysan Governorate.
The judge reportedly was overseeing the investigation of several official corruption complaints.