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ERBIL, Kurdistan Region - Iraq has concluded “investigation and accountability procedures” for some 85 percent of Islamic State (ISIS) detainees transferred from Syria earlier this year, a senior judiciary official told Rudaw on Wednesday, adding that these defendants' cases are expected to be referred to courts for rulings starting in August.
"The number of defendants whose accountability procedures have been completed so far stands at 4,872 out of the total [of 5,704 cases]," Luma Fadel, an official from the National Center for International Judicial Cooperation (NCIJC), affiliated with Iraq’s Supreme Judicial Council., told Rudaw's Malik Mohammed.
The detainees in reference had been transferred from prisons and detention centers previously secured by the Kurdish-led Syrian Democratic Forces (SDF) in northeast Syria (Rojava).
Earlier this year, Syrian government forces and allied armed groups advanced into areas held by the SDF, and weeks later, on January 29, Damascus and the Kurdish-led forces struck a landmark agreement, amid significant mediation by Washington and political leaders from the Kurdistan Region.
In the wake of the offensive, SDF units were also forced to withdraw from detention facilities holding thousands of ISIS prisoners, some of whom escaped amid the ensuing chaos.
The US Central Command (CENTCOM) reported earlier this year that over the following weeks, American troops carried out emergency evacuations, transferring "5,704 remaining ISIS detainees from detention facilities in Syria to government facilities in Iraq.”
In previously released data, the NCIJC detailed that the transferred detainees include 3,543 Syrians, 467 Iraqis, 710 nationals of other Arab countries, and more than 980 foreigners from Europe, Asia, Australia, and the US.
Fadel on Wednesday explained that Baghdad will not agree to the repatriation of “foreign or Arab defendants” during the active investigation or trial phases.
They will be "dealt with according to approved judicial procedures and under the provisions of applicable Iraqi law," she said, affirming that "no transfer or handover" of the detained would be considered "before the judicial process" is completed.
Fadel further noted that "individuals whose participation in terrorist acts or crimes punishable under Iraqi law is proven by investigations and legal evidence will appear before the competent Iraqi courts for judicial action to be taken against them in accordance with the law."
Following is the full transcript of Rudaw’s interview with Luma Fadel, head of the Studies and Research Department at Iraq's National Center for International Judicial Cooperation.
Rudaw: In the statistics you released in April, you said investigations had been concluded in 2,500 of the 5,704 cases. How many cases have been covered to date?
Luma Fadel: Investigation procedures for individuals transferred from Syria are continuing under the supervision of the competent judicial authorities. The number of defendants whose accountability procedures have been completed so far stands at 4,872 out of the total.
The courts have entered the stage of evidence-gathering, review, and investigation into the cases in preparation for completing the necessary legal procedures. Investigations into a number of defendants have also been fully concluded, and their cases are expected to be sent to the competent courts in August for rulings to be issued against them in accordance with the law.
Regarding the Kurdish militants dossier; you previously indicated that there are Kurdish militants holding Iraqi, Syrian, and Turkish nationalities among the detainees. What is the exact number of Kurdish militants broken down by nationality?
First I would like to confirm that Iraq’s Supreme Judicial Council deals with all defendants according to the principle of equality before the law, without discrimination based on religion, ethnicity, sect, or social status. Iraqi courts examine the acts attributed to the defendant and the legal evidence related to them, and do not base their decisions on religious, ethnic, or sectarian background.
The latter approach is grounded in Article 14 of the Iraqi Constitution, which affirms that Iraqis are equal before the law without discrimination based on sex, ethnicity, religion, sect, belief, or any other reason. It is also consistent with Iraq's international commitments under the International Covenant on Civil and Political Rights, particularly Article 26, which affirms equality before the law and entitlement to equal legal protection without discrimination.
Criminal responsibility under Iraqi law is therefore based on the crime committed and the evidence proving it, not on the defendant's identity or their religious, ethnic, or sectarian affiliation - ensuring the application of justice in accordance with the principles of the Iraqi Constitution and international human rights standards.
According to information obtained by Rudaw, you have received requests from foreign countries to repatriate their citizens among the defendants. Are there any updates on this issue? Have practical procedures begun to hand any of them over following the conclusion of investigations?
The handover procedures for two minors have been completed - one holding Finnish nationality and the other holding American nationality - and they were handed over to the competent authorities in their respective countries, following the completion of the legal and judicial procedures related to them and after it was established that they had no affiliation with ISIS-affiliated terrorist organizations.
The handover took place within the framework of international judicial cooperation and coordination with the competent authorities. At the same time, investigation into and handling of other requests continues in accordance with approved legal procedures, in a manner appropriate to the needs of each individual case.
How are non-Iraqi Arab militants - whose numbers exceed 4,000 individuals - being dealt with legally? Will they be tried solely under Iraqi law, or is there coordination with their home countries?
Foreign and Arab defendants are dealt with according to approved judicial procedures and under the provisions of applicable Iraqi law. No procedure related to transfer or handover is considered before the judicial process is completed and a ruling is issued by the competent court in each case, based on the available evidence and facts.
The competent court is the sole legal authority empowered to rule on the cases brought before it, exercising its powers within the minimum and maximum limits set by law, in a manner appropriate to the circumstances of each case and the available evidence, and in accordance with applicable legal texts.
In this context, there is no question of transferring or handing over defendants to their home countries during the investigation phase or the course of judicial proceedings, because all cases are first subject to Iraqi jurisdiction, and all related investigative and judicial procedures must be completed.
Individuals whose participation in terrorist acts or crimes punishable under Iraqi law is proven by investigations and legal evidence will appear before the competent Iraqi courts for judicial action to be taken against them in accordance with the law.
Once the judicial process is completed and decisions or rulings become final, Iraq will work - through the National Center for International Judicial Cooperation and via channels of mutual legal cooperation and the exchange of information and evidence - to strengthen joint efforts to combat terrorism and reinforce the principle that there is no escape from punishment. This is with the understanding that any arrangements concerning foreigners are subject, first and foremost, to the results of the investigations and the decisions of Iraq's Supreme Judicial Council.
When do you intend to publish the final, comprehensive report on the results of the investigations into all these defendants?
Work is ongoing to complete the procedures related to preparing the final report on this file, in parallel with the ongoing investigative and legal procedures. The report and its findings will be announced at the appropriate time, once the approved legal requirements have been met, in a manner that achieves justice and ensures the protection of ongoing investigations and related judicial proceedings.
