CAT/C/IRQ/CO/1
7.
The Committee welcomes the creation, in April 2012, of the High Commission for
Human Rights as the Iraqi national human rights institution.
8.
The Committee commends the State party for having admitted hundreds of
thousands of refugees and asylum seekers, mostly Syrians fleeing from the armed conflict
in their country.
9.
The Committee notes with appreciation that the State party issued in 2010 a standing
invitation for visits by the special procedures mechanisms of the Human Rights Council. It
notes that some of these mechanisms have already visited the country and hopes additional
mandate holders will visit it in the future.
C.
Principal subjects of concern and recommendations
Absolute prohibition of torture
10.
The Committee is concerned that there is no clear provision in the State party’s
legislation to ensure that the prohibition against torture is absolute and non-derogable
(art. 2 (2)).
The State party should ensure that the principle of the absolute prohibition of torture
is incorporated into its legislation and ensure its strict application, in accordance with
article 2 (2) of the Convention, which stipulates that no exceptional circumstances
whatsoever, whether a state of war or a threat of war, internal political instability or
any other public emergency, may be invoked as a justification of torture. In this
connection, the Committee draws the attention of the State party to paragraph 5 of its
general comment No. 2 (2007) on the implementation of article 2 by States parties, in
which it states, inter alia, that exceptional circumstances also include any threat of
terrorist acts or violent crime, as well as armed conflict, international or noninternational. In addition, the Committee states in the same general comment that it
rejects any religious or traditional justification that would violate that prohibition.
Armed conflict, acts of terrorism and violations of the Convention
11.
The Committee deplores the severe human rights violations committed by the socalled Islamic State in Iraq and the Levant (ISIL) and associated armed groups, which may
amount to war crimes, crimes against humanity and possibly genocide, as stated in the
report prepared by the Office of the United Nations High Commissioner for Human Rights
pursuant to Human Rights Council resolution S-22/1 (see A/HRC/28/18, para. 78).
12.
Recalling the Convention’s absolute prohibition of torture and the State party’s
obligations thereunder, the Committee is deeply concerned at the information contained in
the above-mentioned report regarding serious human rights violations by the Iraqi security
forces and affiliated militia groups in the conduct of military operations. These include
grave violations of the Convention, such as torture and ill-treatment, enforced
disappearances and extrajudicial killings of prisoners and civilians (ibid., paras. 50-61)
(arts. 1, 2, 12, 14 and 16).
The Committee recommends that the State party:
(a)
Undertake prompt, thorough and impartial investigations into all
allegations of torture and other ill-treatment, including enforced disappearances and
summary executions, committed on any territory under its jurisdiction;
(b)
Continue to keep thorough documentation on the victims of inhuman
treatment in areas not under governmental control, on the type of violations of the
Convention against them and the damage inflicted, as well as on the identity, if
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