Erbil, Baghdad risk double jeopardy for ISIS crimes
ERBIL, Kurdistan Region – The parallel judicial systems operating in the Kurdistan Region and Iraq have insufficient coordination, meaning those convicted of terror crimes could face prosecution in both jurisdictions, Human Rights Watch warned in a new report.
“The lack of coordination between Iraq’s two separate judicial systems has led to a risk of repeated prosecutions for the same crime,” said Lama Fakih, deputy director for the Middle East and North Africa at Human Rights Watch.
“Right now, the situation largely affects boys who have served shorter sentences, but as Erbil starts releasing adults who have finished their sentences, they will face the same problem.”
Human Rights Watch spoke to boys, aged 15 to 17, who had completed their sentences for ISIS-related crimes in the Kurdistan Region. After their release, they have not returned to their families who live in Iraq, afraid they could be rearrested and charged for the same crimes.
“One boy who was rearrested said that he was then tortured to confess ISIS affiliation by Iraqi prison authorities,” said Human Rights Watch.
The Kurdistan Region and Iraq have separate judicial systems and communications between them have broken down over the years. A new joint judicial committee has been established to improve coordination between them. It held its first meeting on December 17.
“Baghdad and Erbil need to find a solution that puts the well-being of these children at its heart,” said Fakih.
The Kurdistan Region is holding hundreds of ISIS members and they continue to carry out arrests even after the military defeat of the militants in Iraq.
In the first six months of 2018, regional authorities arrested more than 1,500 ISIS suspects, according to official figures provided to Human Rights Watch. The vast majority of those are adult Iraqi males and have been convicted. A handful come from Turkey, Iran, and Syria.
One hundred and forty-two are minors – 45 of whom are still waiting to be sentenced. Only one of the minors is a girl and all are Iraqis.
The Kurdistan Regional Government (KRG) has “launched a process” with federal authorities to hand over detainees, the KRG’s Dindar Zebari told Human Rights Watch.
So far, “we have handed over a considerable number of ISIS detainees,” he said, noting that all the transfers are done under court orders.
They have sent 277 prisoners to face justice in Nineveh’s courts and 576 to Baghdad, he detailed.
“The lack of coordination between Iraq’s two separate judicial systems has led to a risk of repeated prosecutions for the same crime,” said Lama Fakih, deputy director for the Middle East and North Africa at Human Rights Watch.
“Right now, the situation largely affects boys who have served shorter sentences, but as Erbil starts releasing adults who have finished their sentences, they will face the same problem.”
Human Rights Watch spoke to boys, aged 15 to 17, who had completed their sentences for ISIS-related crimes in the Kurdistan Region. After their release, they have not returned to their families who live in Iraq, afraid they could be rearrested and charged for the same crimes.
“One boy who was rearrested said that he was then tortured to confess ISIS affiliation by Iraqi prison authorities,” said Human Rights Watch.
The Kurdistan Region and Iraq have separate judicial systems and communications between them have broken down over the years. A new joint judicial committee has been established to improve coordination between them. It held its first meeting on December 17.
“Baghdad and Erbil need to find a solution that puts the well-being of these children at its heart,” said Fakih.
The Kurdistan Region is holding hundreds of ISIS members and they continue to carry out arrests even after the military defeat of the militants in Iraq.
In the first six months of 2018, regional authorities arrested more than 1,500 ISIS suspects, according to official figures provided to Human Rights Watch. The vast majority of those are adult Iraqi males and have been convicted. A handful come from Turkey, Iran, and Syria.
One hundred and forty-two are minors – 45 of whom are still waiting to be sentenced. Only one of the minors is a girl and all are Iraqis.
The Kurdistan Regional Government (KRG) has “launched a process” with federal authorities to hand over detainees, the KRG’s Dindar Zebari told Human Rights Watch.
So far, “we have handed over a considerable number of ISIS detainees,” he said, noting that all the transfers are done under court orders.
They have sent 277 prisoners to face justice in Nineveh’s courts and 576 to Baghdad, he detailed.