What is Democracy in Iraq Without Due Process of Law for the Prisoners; Many Arrested by US Forces?

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Monday, 2 February 2009
t r u t h o u t | Perspective

Iraq Shuns Due Process

Iraq Appears Unwilling to Guarantee Detainee Rights

The Iraqi government will make no commitment to ensure rights of due process for tens of thousands of detainees in its jails and prisons, judging from the response this week of the Iraqi Embassy in Washington,

1. Have all detainees, those in US and Iraqi government custody, been charged, either as prisoners of war, on criminal charges or other charges?
2. Do all detainees have the right to access to legal counsel whether they can afford it or not?
3. Do all detainees have the right to access to a private attorney-client relationship?
4. Do all detainees have access to evidence against them?
5. Do all detainees have the right to have their cases heard in a public judicial proceeding that meets international standards?
6. Do Iraqi and international human rights organizations have access to all Iraqi and US prisons and detention facilities on a regular basis and freedom to interview detainees?"

"Unfortunately, we can not provide you with the information you require," said Caitlin Berczik, the embassy's English media coordinator, referring to the above questions, which she said in an e-mail on January 23 had been referred to Samir Sumaida'ie, Iraqi ambassador to the United States.

Berczik continued: "You must appreciate that Iraq is currently in a state of transition. As I said in my last response, the deficiencies in Iraq's judicial system, to the extent that they exist, do not arise from policy issues or defective laws. Rather, due to the challenging circumstances that Iraq currently faces, the country's law enforcement and judicial systems are overwhelmed and have limited capacity."

Asked about this situation, noted international human rights lawyer Karen Parker said that Articles 9 and 14 of the United Nations International Covenant on Civil and Political Rights (which appear in full at the end of this article) define rights that must be accorded to Iraqi detainees. The United Nations' Standard Minimal Rules for the Treatment of Prisoners also apply to Iraqi detainees, she said, and Geneva Convention III, concerning treatment of prisoners of war, applies to persons who are POWs.

As will be discussed, the shortcomings of the Iraqi justice system appear to also include not being able to even keep accurate records on the detainees it holds, assuming it wishes to do so. Indeed, it is unclear how many Iraqis are being held by their own government; estimates range from 25,000 to 60,000 and possibly more . . .


read more: http://www.truthout.org/013009J