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Iran

Executive Summary

The Islamic Republic of Iran is an authoritarian theocratic republic with a Shia Islamic political system based on velayat-e faqih(guardianship of the jurist or governance by the jurist). Shia clergy, most notably the rahbar (supreme jurist or supreme leader), and political leaders vetted by the clergy dominate key power structures.

The supreme leader is the head of state. The members of the Assembly of Experts are in theory directly elected in popular elections, and the assembly selects and may dismiss the supreme leader. The candidates for the Assembly of Experts, however, are vetted by the Guardian Council (see below) and are therefore selected indirectly by the supreme leader himself. Ayatollah Ali Khamenei has held the position since 1989. He has direct or indirect control over the legislative and executive branches of government through unelected councils under his authority. The supreme leader holds constitutional authority over the judiciary, government-run media, and armed forces, and indirectly controls internal security forces and other key institutions. While mechanisms for popular election exist for the president, who is head of government, and for the Islamic Consultative Assembly (parliament or majles), the unelected Guardian Council vets candidates and controls the election process. The supreme leader appoints half of the 12-member Guardian Council, while the head of the judiciary (who is appointed by the supreme leader) appoints the other half. Candidate vetting excluded all but six candidates of 1,636 individuals who registered for the 2017 presidential race. In May 2017 voters re-elected Hassan Rouhani as president. Restrictions on media, including censoring campaign materials and preventing prominent opposition figures from speaking publicly, limited the freedom and fairness of the elections.

Civilian authorities maintained effective control over the security forces.

In response to nationwide protests that began in late December 2017 and continued throughout the year, the government used harsh tactics against protesters. Human rights organizations reported at least 30 deaths of protesters during the year, thousands of arrests, and suspicious deaths in custody.

The government’s human rights record remained extremely poor and worsened in several key areas. Human rights issues included executions for crimes not meeting the international legal standard of “most serious crimes” and without fair trials of individuals, including juvenile offenders; numerous reports of unlawful or arbitrary killings, forced disappearance, and torture by government agents; harsh and life-threatening prison conditions; systematic use of arbitrary detention and imprisonment, including hundreds of political prisoners; unlawful interference with privacy; severe restrictions on free expression, the press, and the internet, including censorship, site blocking, and criminalization of libel; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; egregious restrictions of religious freedom; restrictions on political participation; widespread corruption at all levels of government; unlawful recruitment of child soldiers by government actors to support the Assad regime in Syria; trafficking in persons; harsh governmental restrictions on the rights of women and minorities; criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or conduct; crimes involving violence or threats of violence targeting LGBTI persons; and outlawing of independent trade unions.

The government took few steps to investigate, prosecute, punish, or otherwise hold accountable officials who committed these abuses, many of which were perpetrated as a matter of government policy. Impunity remained pervasive throughout all levels of the government and security forces.

The country materially contributed to human rights abuses in Syria, through its military support for Syrian President Bashar Assad and Hizballah forces there; in Iraq, through its aid to certain Iraqi Shia militia groups; and in Yemen, through its support for Houthi rebels and directing authorities in Houthi-controlled areas of Yemen to harass and detain Bahais because of their religious affiliation.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution prohibits all forms of torture “for the purpose of extracting confession or acquiring information,” use of physical and mental torture to coerce confessions remained prevalent, especially during pretrial detention. There were credible reports that security forces and prison personnel tortured and abused detainees and prisoners throughout the year.

Commonly reported methods of torture and abuse in prisons included threats of execution or rape, forced tests of virginity and “sodomy,” sleep deprivation, electroshock, burnings, the use of pressure positions, and severe and repeated beatings. Former UNSR Jahangir highlighted reports of prisoners subjected to physical abuse, as well as to blackmail.

Human rights organizations frequently cited some prison facilities, including Evin Prison in Tehran and Rajai Shahr Prison in Karaj, for their use of cruel and prolonged torture of political opponents, particularly Wards 209 and Two of Evin Prison, reportedly controlled by the Islamic Revolutionary Guards Corps (IRGC).

In September the Human Rights Activists News Agency (HRANA) reported the case of at least seven detainees subjected to torture by the IRGC’s Saravan Intelligence Unit. Saravan, located in Sistan va Baluchestan Province, is home to the Baloch ethnic minority community. According to the report, the prisoners were religious seminary students who were lashed with electrical wires and shocked with electricity, causing them to be unable to walk. IRGC-run detention centers reportedly used a technique called the “miracle bed,” which includes tying detainees to a bed frame and repeatedly flogging and electrocuting them until they “confess.”

NGOs reported that prison guards tortured Sunni Muslim prisoners at Ardabil Prison for their religious beliefs; numerous inmates at the prison were Sunni Muslims, while the guards were predominantly Shia. Guards also reportedly retaliated against prisoners there for “security issues” that occurred elsewhere in the country. According to reports, torture at Ardabil included severe beatings, being tied to flag poles for prolonged durations of time, and being forced to watch executions of fellow prisoners.

Authorities also allegedly maintained unofficial secret prisons and detention centers outside the national prison system where abuse reportedly occurred.

Judicially sanctioned corporal punishments continued. These included flogging, blinding, stoning, and amputation, which the government defends as “punishment,” not torture. At least 148 crimes are punishable by flogging, while 20 can carry the penalty of amputation.

In January Amnesty International reported that authorities amputated the hand of a man sentenced for stealing livestock. The amputation by guillotine, which Amnesty characterized as “unspeakably cruel,” took place at the central prison in Mashhad, Razavi Khorasan Province.

In July Amnesty International reported the public flogging of a man in Niazmand Square, Kashmar, Razavi Khorasan Province, for a sentence he had received 10 years before for consuming alcohol at a wedding when he was 14-15 years old. National media outlets posted a picture showing the man roped to a tree, lashed by a masked man and his back covered in blood, with a crowd of persons watching.

Extrajudicial punishments by authorities involving degrading public humiliation of alleged offenders were also frequently reported throughout the year. For example, Maedeh Hojabri was arrested for posting videos of herself dancing on social media, and authorities compelled her to confess to this “crime” on state television.

Prison and Detention Center Conditions

Prison conditions were harsh and potentially life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care. Prisoner hunger strikes in protest of their treatment were frequent.

Physical Conditions: Overcrowding remained a problem in prisons with many prisoners forced to sleep on floors, in hallways, or in prison yards. The human rights NGO United for Iran, which closely monitored prison conditions, reported in 2017 that the prisoner population was three times the capacity of the country’s prisons and detention centers. State-run Islamic Republic News Agency (IRNA) reported that the head of the general court of Ardabil said the number of prisoners in Ardabil Prison was at three times its capacity.

There were reported deaths in custody. In March HRW reported at least five deaths in custody since December 2017. The government ruled three of the deaths–of Sina Ghanbari, Vahid Heydari, and Kavous Seyed-Emami, a prominent Iranian-Canadian environmentalist–to be suicides, claims the deceased’s family members and human rights groups strongly contested (see section 1.d.).

According to IranWire and human rights groups, guards beat both political and nonpolitical prisoners during raids on wards, performed nude body searches in front of other prisoners, and threatened prisoners’ families. In some instances, according to HRANA, guards singled out political prisoners for harsher treatment.

Prison authorities often refused to provide medical treatment for pre-existing conditions, injuries that prisoners suffered at the hands of prison authorities, or illnesses due to the poor sanitary conditions in prison. Human rights organizations reported that authorities also used denial of medical care as a form of punishment for prisoners and as an intimidation tool against prisoners who filed complaints or challenged the authorities. In March CHRI reported that dozens of political prisoners were denied medical treatment and leave despite visible symptoms of their deteriorating health. The report mentioned specifically the cases of Vahed Kholousi, an education rights activist held in Rajai Shahr Prison since 2015; Alireza Golipour, held in Evin Prison since 2012 and suffering from worsening seizures and heart problems; and Mohammad Saber Malek-Raeisi, a Baluchi Sunni Muslim reportedly in critical condition from repeated severe beatings by guards in Ardabil Prison.

Medical services for female prisoners were reported as grossly inadequate. Human rights groups highlighted the case of children’s rights activist Atena Daemi, serving a seven-year sentence for meeting with the families of political prisoners, criticizing the government on Facebook, and condemning the 1988 mass executions of prisoners in the country. In January Daemi was beaten and transferred from Evin Prison to Shahr-e Rey Prison (also known as Gharchak prison) in the city of Varamin, south of Tehran, which held 1,000 female prisoners in cramped, unsanitary conditions. Human rights organizations reported that prison authorities refused to allow Daemi and other prisoners access to necessary medical care.

According to Amnesty International, at least 10 Gonabadi Sufi dervish women were unjustly detained in Shahr-e Rey Prison since February. The women were routinely denied urgently needed medical care and kept in unsanitary, inhuman conditions. The report noted that prison doctors verbally abused the women and guards physically mistreated them.

The human rights community and international media reported on frequent water shortages, intolerable heat, unsanitary living spaces, and poor ventilation in prisons throughout the country.

UNSR Jahangir and others condemned the inhuman, life-threatening conditions of Rajai Shahr Prison in Karaj following the hunger strike of numerous political prisoners that began at the end of July 2017. Prisoners had protested the sudden transfer of more than 50 political prisoners, including at least 15 Bahais, whom authorities moved without notice from Ward 12 to the prison’s high security Ward 10.

Authorities reportedly deprived prisoners of medicine, adequate medical treatment, and personal belongings, and sealed prisoners’ cells with iron sheets that limited air circulation. Jahangir expressed deep alarm at the deteriorating medical conditions of the political prisoners and at reports of their continued torture following the transfer. In March CHRI reported that political prisoners at the prison continued to be subjected to inhuman living conditions as punishment for their hunger strike.

Authorities occasionally held pretrial detainees with convicted prisoners. Also, according to HRANA, juvenile detainees were held with adult prisoners in some prisons, including Saghez Central Prison in Kurdistan Province. Authorities held women separately from men.

In 2017 Mohammad Javad Fathi, a member of parliament’s judicial committee, was quoted in media saying that 2,300 children lived in prisons with their incarcerated mothers. Fathi urged the Prisons Organization to provide transparent statistics on the number of imprisoned mothers. IranWire reported that multiple prisons across the country held older children who lived with their incarcerated mothers without access to medical care or educational and recreational facilities.

There were numerous reports of prisoner suicides throughout the year in response to prison conditions or mistreatment. In August HRANA reported on the suicide attempts of five prisoners on the same day at Sanandaj Central Prison. The five prisoners tried to kill themselves either by taking pills or hanging, all reportedly in response to prison conditions and the mistreatment of the prisoners and their family members by officials. In April HRANA reported that Vahid Safarzehi, held in the Central Prison of Zahedan, ingested a razor to commit suicide after his repeated requests for furlough to accompany his sick mother to the hospital were denied. He had previously attempted suicide by drinking acid.

In August CHRI shared the report of a journalist who had been detained in the Great Tehran Penitentiary, the largest detention facility. The journalist recounted the inhuman conditions of the prison as beyond the limits of human tolerance. According to the journalist, dozens of new prisoners were admitted to the prison a day and initially kept for days in a “sewer”-like quarantine unit without ventilation or washing facilities. More than 80 percent of the prisoners in quarantine were reportedly homeless drug addicts requiring immediate medical attention; they could hardly stand, and their vomit covered the floor.

Prisoner hunger strikes occurred frequently in prisons throughout the country, and reports on prisons’ inhuman conditions continued. These included infestations with cockroaches and mice, chronic overcrowding, poor ventilation, prisoners being forced to sleep on the floor with little bedding, and insufficient food and water.

The political prisoner Vahid Sayyadi-Nasiri died on December 12 after being on hunger strike since October 13. Sayyadi-Nasiri went on hunger strike to protest inhumane prison conditions at Iran’s Langroud Prison in Qom and government authorities’ denial of his right to counsel.

Administration: According to reports from human rights NGOs, prison authorities regularly denied prisoners access to visitors, telephone, and other correspondence privileges. As noted above, prisoners practicing a religion other than Shia Islam reported experiencing discrimination while incarcerated.

Authorities did not initiate credible investigations into allegations of inhuman conditions or suspicious deaths in custody. Prisoners were able to submit complaints to judicial authorities but often faced censorship or retribution in the form of slander, beatings, torture, and denial of medication or furlough requests. Families of executed prisoners did not always receive notification of their scheduled executions, or if they did, it was often on very short notice. Authorities frequently denied families the ability to perform funeral rites or families’ request for the findings from an impartial autopsy.

Independent Monitoring: The government did not permit independent monitoring of prison conditions. Prisoners and their families often wrote letters to authorities and, in some cases, to UN bodies to highlight and protest their treatment. UNSR Jahangir reported that authorities sometimes threatened prisoners after accusing them of contacting her office.

For more information on treatment of political prisoners, see section 1.e., Political Prisoners and Detainees.

d. Arbitrary Arrest or Detention

Although the constitution prohibits arbitrary arrest and detention, the practices occurred frequently during the year. President Rouhani’s 2016 “Citizen’s Rights Charter” enumerates various freedoms, including “security of their person, property, dignity, employment, legal and judicial process, social security and the like.” The government did not implement these provisions. Detainees may appeal their sentences in court but are not entitled to compensation for detention.

ROLE OF THE POLICE AND SECURITY APPARATUS

Several agencies shared responsibility for law enforcement and maintaining order, including the Ministry of Intelligence and Security and law enforcement forces under the Interior Ministry, which report to the president, and the IRGC, which reports directly to the supreme leader. The supreme leader holds ultimate authority over all security agencies.

The Basij, a volunteer paramilitary group with local organizations across the country, sometimes acted as an auxiliary law enforcement unit subordinate to IRGC ground forces. Basij units often engaged in repression of political opposition elements or intimidation of civilians accused of violating the country’s strict moral code, without formal guidance or supervision from superiors.

Impunity remained a problem within all security forces. Human rights groups frequently accused regular and paramilitary security forces, such as the Basij, of committing numerous human rights abuses, including acts of violence against protesters and participants in public demonstrations. According to Tehran Prosecutor General Abbas Jafari-Dolatabadi, the attorney general is responsible for investigating and punishing security force abuses, but the process was not transparent, and there were few reports of government actions to discipline abusers. In a notable exception, in November 2017 authorities sentenced former Tehran prosecutor Saeed Mortazavi to two years in prison for his alleged responsibility for the torture and death of protesters in 2009. Media reported that Mortazavi, after initial reports that he had disappeared, was taken to prison in April to commence his sentence.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution and law require a warrant or subpoena for an arrest and state that arrested persons should be informed of the charges against them within 24 hours. Authorities, however, held some detainees, at times incommunicado, for days, weeks, or months without charge or trial and frequently denied them contact with family or timely access to legal representation.

The law obligates the government to provide indigent defendants with attorneys for certain types of crimes. The courts set prohibitively high bail, even for lesser crimes, and in many cases, courts did not set bail. Authorities often compelled detainees and their families to submit property deeds to post bail, effectively silencing them due to fear of losing their families’ property.

The government continued to use house arrest without due process to restrict movement and communication. At year’s end former presidential candidates Mehdi Karroubi and Mir Hossein Mousavi, as well as Mousavi’s wife Zahra Rahnavard, remained under house arrest imposed in 2011 without formal charges. Security forces continued to restrict their access to visitors and information. Concerns persisted over Karroubi’s deteriorating health, reportedly exacerbated by his treatment by authorities.

Arbitrary Arrest: Authorities commonly used arbitrary arrests to impede alleged antiregime activities. Plainclothes officers arrived unannounced at homes or offices, arrested persons, conducted raids, and confiscated private documents, passports, computers, electronic media, and other personal items without warrants or assurances of due process.

Individuals often remained in detention facilities for long periods without charges or trials, and authorities sometimes prevented them from informing others of their whereabouts for several days. Authorities often denied detainees’ access to legal counsel during this period.

International media and human rights organizations documented an increase in detentions of dual nationals–individuals who are citizens of both Iran and another country–for arbitrary and prolonged detention on politically motivated charges. One of the environmentalists detained, Iranian-Canadian Kavous Seyed-Emami, died in custody in February in Evin Prison, in what authorities called a suicide (see section 1.c.). Dual nationals, like other citizens, faced a variety of due process violations, including lack of prompt access to a lawyer of their choosing and brief trials during which they were not allowed to defend themselves.

In September, Human Rights Watch documented the cases of 14 dual or foreign nationals whom the IRGC’s Intelligence Organization has arrested since 2014. Several of those were American citizens, including Xiyue Wang, a doctoral student at Princeton University, who was arrested in August 2016. Wang had been conducting research for his dissertation on the history of the Qajar dynasty. In July 2017, Iranian state media reported that a Revolutionary Court had sentenced Wang to 10 years in prison on charges of “cooperating with an enemy state.” Revolutionary Court Judge Abolqasem Salavati presided over the case. In August 2018, the UN Working Group on Arbitrary Detention said Wang’s detention was arbitrary and “motivated by the fact that he is a United States citizen,” and recommended the appropriate remedy would be to release Mr. Wang immediately.

Spiritual leader Mohammad Ali Taheri, founder of the spiritual doctrine Interuniversalism and the Erfan-e Halgheh group, had been in prison–mostly in solitary confinement–since his arrest in 2011. He was sentenced to five years in 2011 for “insulting the sanctities” and then was sentenced to death in 2015 for “corruption on earth.” In August 2017 Taheri was sentenced to death for a second time. The Supreme Court subsequently rejected Taheri’s death sentence and ordered him retried. At year’s end Taheri was serving a second five-year prison sentence handed down in March. According to media and NGO reports, the IRGC also detained dozens of Taheri’s followers.

Pretrial Detention: Pretrial detention was often arbitrarily lengthy, particularly in cases involving alleged violations of national security law. In other cases authorities held persons incommunicado for lengthy periods before permitting them to contact family members. Instances of unjust and arbitrary pretrial detention were commonplace and well documented throughout the year involving numerous prisoners of conscience, particularly following the countrywide protests beginning in December 2017. According to HRW, a judge may prolong detention at his discretion, and pretrial detentions often lasted for months. Often authorities held pretrial detainees in custody with the general prison population.

According to HRW, since January the IRGC’s intelligence organization had arbitrarily arrested at least 50 environmental activists across the country and imprisoned them without bringing formal charges or evidence. These included several environmentalists affiliated with the Persian Wildlife Heritage Foundation who were arrested in January for espionage. They were accused of using environmental projects as a cover to collect classified information. In July family members of Houman Jokar, Sepideh Kashani, Niloufar Bayani, Amirhossein Khaleghi, Sam Rajabi, Taher Ghadirian, Abdolreza Kouhpayeh, and Morad Tahbaz demanded their release in a published open letter, saying the environmentalists had been imprisoned for six months without a “shred of evidence.”

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees may appeal their sentences in courts of law but are not entitled to compensation for detention and were often held for extended periods without any legal proceedings.

Iraq

Executive Summary

Iraq is a constitutional parliamentary republic. The 2018 parliamentary elections, while imperfect, generally met international standards of free and fair elections and led to the peaceful transition of power from Prime Minister Haider al-Abadi to Adil Abd al-Mahdi.

Civilian authorities did not maintain effective control over some elements of the security forces, particularly certain units of the Popular Mobilization Forces (PMF) that were aligned with Iran.

Violence continued throughout the year, largely fueled by the actions of ISIS. The government declared victory over ISIS in December 2017 after drastically reducing the group’s ability to commit abuses and atrocities, but members of the group continued to carry out deadly attacks and kidnappings. The government’s reassertion of federal authority in disputed areas bordering the Iraqi Kurdistan Region (IKR), after the Kurdistan Region’s September 2017 independence referendum, resulted in reports of abuses and atrocities by the security forces, including those affiliated with the PMF.

Human rights issues included reports of unlawful or arbitrary killings by some members of the Iraq Security Forces (ISF), particularly Iran-aligned elements of the PMF; forced disappearances; torture; arbitrary detention; harsh and life-threatening prison and detention center conditions; arbitrary or unlawful interference with privacy; restrictions on free expression, the press, and the internet, including censorship, site blocking, and criminal libel; legal restrictions on freedom of movement of women; widespread official corruption; unlawful recruitment or use of child soldiers by Iran-aligned elements of the PMF that operate outside government control; trafficking in persons; criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or conduct; violence targeting LGBTI persons; threats of violence against internally displaced persons (IDPs) and returnee populations perceived to have been affiliated with ISIS; and restrictions on worker rights, including restrictions on formation of independent unions and reports of child labor.

The government, including the Office of the Prime Minister, investigated allegations of abuses and atrocities perpetrated by the ISF, but it rarely made the results of the investigations public or punished those responsible for human rights abuses. The Kurdistan Regional Government (KRG) High Committee to Evaluate and Respond to International Reports reviewed charges of Peshmerga abuses, largely against IDPs, and exculpated them in public reports and commentaries, but human rights organizations questioned the credibility of those investigations. Impunity effectively existed for government officials and security force personnel, including the ISF, Federal Police, PMF, Peshmerga, and KRG Asayish internal security services.

ISIS continued to commit serious abuses and atrocities, including killings through suicide bombings and improvised explosive devices (IEDs). The government continued investigating and prosecuting allegations of ISIS abuses and atrocities and, in some instances, publicly noted the conviction of suspected ISIS members under the 2005 counterterrorism law.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit such practices, neither defines the types of conduct that constitute torture, and the law gives judges full discretion to determine whether a defendant’s confession is admissible. There were numerous reports that government officials employed torture and other cruel, inhuman, or degrading treatment or punishment, and that courts routinely accepted forced confessions as evidence, which was often the only evidence in ISIS-related counterterrorism cases.

As in previous years, there were credible reports that government forces, including Federal Police, NSS, PMF, and Asayish, abused and tortured individuals–particularly Sunni Arabs–during arrest, pretrial detention, and after conviction. Former prisoners, detainees, and international human rights organizations documented cases of torture and other cruel, inhuman, or degrading treatment or punishment in Ministry of Interior-run facilities and to a lesser extent in Ministry of Defense-run detention facilities, as well as in facilities under KRG control.

In an August report, HRW documented details of torture and other cruel, inhuman, or degrading treatment or punishment of detainees in custody in facilities run by the Ministry of Interior in the Mosul area. These included the Mosul police office and the Intelligence and Counter-Terrorism Office’s Faisaliya Prison in east Mosul as well as Qayyarah Prison, which reportedly consisted of a group of three abandoned and dilapidated houses south of Mosul. According to HRW, one interviewee reportedly witnessed or experienced repeated torture during interrogations at Faisaliya Prison from January to May, including: hanging from the hands bound behind the back; beatings with plastic and metal pipes and cables, including on the soles of the feet; burning of the penis and testicles with a hot metal ruler; hanging by a hook and tying a one-quart water bottle to the penis; and kneeling with the hands tied together behind the back. The May report also cited a man who reportedly saw other men returning from interrogations with physical signs of abuse during his year in detention at Qayyarah and Faisaliya Prisons. HRW stated the government’s failure to investigate the reports properly led to a culture of impunity among security forces. In September the government reported it had started an investigation committee to look into the accusations.

Denial of access to medical treatment was also a problem. Local human rights organizations reported that government forces in Basrah Governorate prevented hospitals from treating people injured in protests against the government in September.

In May a video circulated among local human rights civil society organizations (CSOs) in which Rayan al-Kildani, leader of the Iran-aligned Babylon Brigade PMF group, cut off the ear of a handcuffed detainee.

Instances of abusive interrogation also reportedly occurred in some detention facilities of the KRG’s Asayish internal security unit and the intelligence services of the major political parties–the Kurdistan Democratic Party’s (KDP) Parastin, and the Patriotic Union of Kurdistan’s (PUK) Zanyari. According to local and international human rights organizations, mistreatment of prisoners and detainees in the KRG typically occurred before their arrival at official detention facilities.

The Independent Human Rights Commission of the Kurdistan Region (IHRCKR) reported in September that the KRG held 56 boys in an Erbil juvenile detention facility on ISIS-related accusations, of whom 42 were convicted of crimes and 14 were still awaiting trial. Most of the boys alleged both PMF and KRG security forces subjected them to various forms of abuse, including beatings. In August, HRW reported that virtually all of the abuse alleged by these boys occurred between their arrest and their arrival at long-term detention facilities, rather than at the detention facilities themselves.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: Overcrowding in government-run prisons was a systemic problem exacerbated by an increase in the number of alleged ISIS members detained during the year. In addition three of the 24 correctional facilities managed by the Iraqi Corrections Service, the government entity with legal authority to hold persons after conviction, were not operational due to the security situation.

Al-Nasiriyah Central Prison, also known as al-Hoot Prison, in Dhi Qar Governorate, was designed to hold 2,400 prisoners, but Iraq High Commission for Human Rights (IHCHR) observers reported in July that the prison held approximately 9,000 prisoners.

Overcrowding exacerbated corruption among some police officers and prison administrators, who reportedly took bribes to reduce or drop charges, cut sentences, or release prisoners early.

Authorities separated detainees from convicts in most cases. Prisoners facing terrorism charges were isolated from the general detainee population and were more likely to remain in Ministry of Interior or Ministry of Defense detention for longer periods.

Although the government held most juvenile pretrial detainees and convicts in facilities operated by the Ministry of Labor and Social Affairs, there were reports that Ministry of Justice-administered prisons, Ministry of Interior police stations, and other Ministry of Interior detention facilities held some juveniles in separate facilities or mixed with adult prisoners.

The Ministry of Justice reported there were no accommodations for inmates with disabilities, and a previously announced ministry initiative to establish facilities for such detainees was not fully implemented as of August.

Inmates in government-run prisons and detention centers often lacked adequate food, potable water, sanitation, ventilation, lighting, and medical care. Some detention facilities did not have an onsite pharmacy or infirmary, and authorities reported that even when they existed, pharmacies were often undersupplied and government officers reportedly withheld medication or medical care from prisoners and detainees. Women’s prisons often lacked adequate child-care facilities for inmates’ children, whom the law permits to remain with their mothers until age four. Limited and aging infrastructure worsened sanitation, limited access to potable water, and led to preparation of poor-quality food in many prison facilities. Authorities reportedly kept prisoners confined in their cells for long periods without an opportunity for exercise or use of showers or sanitary facilities.

HRW reported in July that NSS admitted detaining more than 400 individuals (many unlawfully) in a secret detention facility in east Mosul. The facility was a two-story house next to the NSS office in al-Shurta neighborhood. There appeared to be no legal mandate for this facility, and its existence previously was denied. After being detained there in April, Faisel Jeber told HRW that he was one of almost 80 detainees in a room 13 feet by 16 and a half feet with one window and a small ventilator. According to Jeber, half the prisoners were standing and the other half sitting because there was not enough room for everyone to sit at the same time. Jeber said that on his first night, someone died from torture and another had an epileptic seizure but received no medical attention. Some bribed guards to communicate with their families indirectly, but reportedly no one was allowed a family visit even after two years in detention. HRW reported conditions in al-Shurta were similar to facilities in Qayyarah and Hammam al-Alil, facilities HRW visited in 2017.

According to UNAMI the KRG’s newer detention facilities in major cities were well maintained, although conditions remained poor in many smaller detention centers operated by the KRG Ministry of Interior. In some KRG Asayish detention centers and police-run jails, KRG authorities occasionally held juveniles in the same cells as adults. An IHRCKR report stated that authorities housed more than 40 minors, with ages ranging from six months to 12 years, in Erbil prisons with their convicted mothers, as of November. UNICEF funded a separate annex to the prison for these minors, but they continued to lack access to education. After reports of poor quality food in prisons, the mayor of Erbil replaced the companies contracted to provide food services in Erbil prisons and ensured new contracts included strict quality standards.

Administration: The central government reported it took steps to address allegations of mistreatment in central government facilities, but the extent of these steps was not known. Several human rights organizations stated that the country’s judges frequently failed to investigate credible allegations that security forces tortured terrorism suspects and often convicted defendants based (often solely) on allegedly coerced confessions.

Prison and detention center authorities reportedly sometimes delayed the release of exonerated detainees or inmates due to lack of prisoner registration or other bureaucratic issues, or they extorted bribes from prisoners for release at the end of their sentence. International and local human rights groups reported that authorities in numerous instances denied family visits to detainees and convicts. Guards allegedly often demanded bribes or beat detainees when detainees asked to call their relatives or legal counsel. A Ninewa Governorate official said PMF released arrestees and detainees suspected of having ISIS ties after they paid bribes.

The KRG had no uniform policy for addressing allegations of abuse by KRG Ministry of Interior officers or the Asayish. In a March report on prison conditions across the IKR, the IHRCKR stated some prisons failed to maintain basic standards and to safeguard the human rights of prisoners. The report emphasized the need for new buildings and for laws to protect the rights and safety of inmates, such as separating drug dealers and drug users. In May, seven inmates were killed and 18 injured in a fire set during a riot inside Zarka Prison in Duhok Governorate.

Independent Monitoring: Iraqi Corrections Service prisons allowed regular visits by independent nongovernmental observers. The International Committee of the Red Cross (ICRC) reported the Ministries of Justice, Interior, Defense, and Labor and Social Affairs largely permitted them access to prisons and detention facilities. Authorities also granted UNAMI access to Ministry of Justice prisons and detention facilities in Baghdad. There were reports of some institutional interference in prison visits, and in some cases institutions required advance notification to wardens and prison officials for outside monitor visits. The government denied the existence of some secret detention centers but admitted the existence of an NSS detention center in al-Shurta, east Mosul, despite previous denials, and permitted monitoring of a replacement facility.

The KRG generally allowed international human rights NGOs and intergovernmental organizations to visit convicted prisoners and pretrial detainees, but occasionally authorities delayed or denied access to some individuals, usually in cases involving terrorism. The United Nations and the ICRC had regular access to IKR prisons and detention facilities. Local CSO Kurdistan Human Rights Watch (KHRW) reported that, although they were previously able to access any IKR prison without notice, they increasingly had to request permission in advance to gain access. 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.

d. Arbitrary Arrest or Detention

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.

ROLE OF THE POLICE AND SECURITY APPARATUS

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. Some PMF groups, however, such as AAH and KH, often appeared to operate independently from Iraqi authorities and answer to Iranian authorities. They sometimes undertook operations independent of political leaders or military commanders and discounted the authority of commanders during sanctioned operations. Most PMF units were Shia Arab, reflecting the demographics of the country. 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. The Peshmerga, including militias of the KDP and PUK, maintained order in the IKR.

The ISF consists of security forces administratively organized within the Ministries of Interior and Defense, the PMF, and the Counterterrorism Service. The Ministry of Interior is responsible for domestic law enforcement and maintenance of order; it oversees the Federal Police, Provincial Police, Facilities Protection Service, Civil Defense, and Department of Border Enforcement. 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. 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. While limited by law to operations in the country, in some cases units reportedly supported the Assad regime in Syria, acting independently of the Iraqi government’s authority. The government did not recognize these fighters as PMF even if their organizations were part of the PMF. All PMF units officially report to the national security advisor and are under the authority of the prime minister, but several units in practice were also responsive to Iran and Iran’s Islamic Revolutionary Guard Corps. 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.

The two main Kurdish political parties, the KDP and the PUK, each maintained an independent security apparatus. Under the federal constitution, the KRG has the right to maintain internal security forces, but the PUK and KDP separately controlled additional Peshmerga units. The KDP and PUK likewise maintained separate Asayish internal security services and separate intelligence services, nominally under the KRG Ministry of Interior.

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. There were reports of torture and abuse throughout the country in facilities used by the Ministries of Interior and Defense, as well as PMF groups and the NSS. According to international human rights organizations, abuse took place primarily during detainee interrogations while in pretrial detention. Other problems persisted, including corruption, within the country’s provincial police forces. 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.

Investigators in the Ministry of Interior’s office of the inspector general were responsible for conducting investigations into human rights abuses by security forces, with a preliminary report due within 30 days. 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. The government rarely made the results of investigations public or punished those responsible for human rights abuses.

The IHRCKR routinely notified the Kurdistan Ministry of Interior when it received credible reports of police human rights violations. 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.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

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. The law requires authorities to register the detainee’s name, place of detention, reason for detention, and legal basis for detention within 24 hours of the detention–a period that may be extended to a maximum of 72 hours in most cases. 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 requires the Ministries of Defense and Interior and the NSS to establish guidelines for commanders in battlefield situations to register detainees’ details in this central register. The law also prohibits any entity, other than legally competent authorities, to detain any person.

Human rights organizations reported that government forces, including the ISF, Federal Police, NSS, PMF, Peshmerga, and Asayish, frequently ignored the law. 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 400 individuals (many arbitrarily or unlawfully) for prolonged periods up to two years, despite not having a legal mandate to do so (see section 1.c.).

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.

In a July report, private defense attorneys told HRW that in terrorism cases they never seek permission to represent their clients at the initial investigative hearing out of concern that security forces and judges at the investigative court would label them “ISIS lawyers,” subjecting them to arrest. 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. A member of Iraq’s Bar Association in Baghdad told HRW that the government pays state-appointed defense attorneys 25,000 Iraqi dinars ($21) per case, regardless of the amount of time they spend, giving lawyers no incentive to meet their client before the investigative hearing, study the case file, or continue to represent them in subsequent hearings. 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.b.).

Arbitrary Arrest: There were numerous reports of arbitrary or unlawful detention by government forces, including ISF, Federal Police, NSS, PMF, Peshmerga, and Asayish. 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.b.). 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. Most reports of arbitrary or unlawful detention involved suspected members or supporters of ISIS and their associates and family members. Individuals arbitrarily or unlawfully detained were predominantly Sunni Arabs, including IDPs. There were reports of Iran-aligned PMF groups also arbitrarily or unlawfully detaining Kurds and Turkmen in Kirkuk and Christians and other minorities in western Ninewa and the Ninewa Plain. A Ninewa-based CSO reported that the proliferation of intelligence, police, and security agencies, including the PMF, making arrests in Mosul complicated the ability of detainees’ families to determine which agencies held their relatives. 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 2014 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. KH reportedly released the driver but accused the man and his son of being sympathetic to ISIS. 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. 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.

Pretrial Detention: The Ministries of Justice, Defense, Interior, and Labor and Social Affairs are authorized by law to hold pretrial detainees, as is the NSS in limited circumstances for a brief period. 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.

The lack of judicial review resulted from several factors, including a large number of detainees, undocumented detentions, slow processing of criminal investigations, an insufficient number of judges and trained judicial personnel, authorities’ inability or reluctance to use bail or other conditions of release, lack of information sharing, bribery, and corruption. 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 1,400 non-Iraqi women and children it detained during military operations in Tal Afar, Ninewa Governorate, in August 2017. 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. 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. According to local CSOs and the IHRCKR, however, some detainees were held more than six months without trial, and the IHRCKR was tracking the cases of four detainees held for at least four years.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The constitution and law grant detainees the right to a prompt judicial determination on the legality of their detention and the right to prompt release. Despite the 2016 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 2017 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. While some NGOs protested that such a crosscutting amnesty undermined the justice system, the IHRCKR said that the IKP consulted them and incorporated all of the commission’s recommendations for the law.

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