04 March 2015

Iraq: UN Committee on Enforced Disappearances Adopts List of Issues in View of the Country's Review in September 2015

CED Chair, Emmanuel Decaux CED Chair, Emmanuel Decaux

During its 8th session held in February 2015, the United Nations Committee on Enforced Disappearances (CED) adopted the List of Issues in relation to the report submitted by Iraq. The State party is due to provide its answers in writing before its review in September 2015. The list aims at facilitating the preparation of a constructive dialogue between the UN experts and the State party during their consideration of Iraq's initial report.

On 26 November 2014, Alkarama provided the Committee with suggestions of 28 questions to be raised with the Iraqi authorities, many of which were conveyed by the Committee.

In its List of Issues, the Committee requested that Iraq comment on allegations that "throughout 2014, militias have been committing acts that may amount to enforced disappearances as they have been reportedly abducting people with the authorisation, support or acquiescence of State officials." The experts further demanded that information be provided on "the measures taken, and their results, to investigate and punish all those involved."

The CED also raised the issue of abductions committed by other States in Iraq and requested that the authorities indicate if they have received reports about "people being subjected to enforced disappearance in any territory under the jurisdiction of the State party between 2003 and the entry into force of the Convention, including by official of other States or by persons or by groups of persons acting with the authorisation, support or acquiescence of the officials of another State."

Iraq's obligation to take measures to prevent and sanction acts that "hinder the conduct of an investigation," under article 12(4) of the International Convention for the Protection of all Persons from Enforced Disappearances (ICCPED), was also the subject of several questions. In fact, since no provision in domestic law provides for the suspension from duties of an alleged offender during the investigation, the CED asked whether there was "any mechanisms in place to exclude a law enforcement or security force [...] from the investigation into an enforced disappearance when one or more of its members are accused of committing or being involved in the commission of the offence."

Finally, regarding the issue of secret detention, the UN experts asked that the authorities provide information about the existence of places where people were held in secret, such as Camp Justice in northwest Baghdad and Camp Honor in the Green Zone. The Committee also requested information on the procedural guarantees as to prevent enforced disappearances, such as up-to-date registers of all persons deprived of their liberty are kept and the right of untried prisoners to immediately inform their family of the detention and/or receive their visit, including when they are about to be transferred.

Iraq is to provide its responses to the List of Issues before the 9th session of the CED (7-18 September), during which the implementation of the ICCPED in the country will be assessed. Alkarama will be contributing to the review by submitting an alternative report and meeting with the Committee's experts to brief them on our key concerns.

For more information or an interview, please contact the media team at This email address is being protected from spambots. You need JavaScript enabled to view it. (Dir: +41 22 734 1007 Ext: 810)

Kuwait - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 21.05.1996
Optional Protocol: No

State report: Due 02.11.2014 (3rd)
Last concluding observations: 22.12.2011

Convention against Torture (CAT)

CAT: Accessed on 08.03.1996
Optional Protocol: No
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

Next State report: Due on 03.06.2015 (3rd)
Last concluding observations: 28.06.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 05.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

No