Exposing Injustice: Human Rights Violations and Rule of Law Challenges in Basra's Prisons

Some of them have "servants" and others have "directors" Secrets of the Interior Ministry's prisons in Basra

The High Commission for Human Rights in Basra revealed details related to what is happening in the prisons of the Ministry of Interior in the province, indicating that there is a prisoner who was a "director" and has money and servants inside the prison.

The director of the commission in Basra said that "the commission monitored the criminal justice file in Basra province, especially the investigation file, by receiving many complaints of torture and ill-treatment and monitoring cases of discrimination between detainees and convicts and the failure to enforce Article 127 of the Criminal Procedure Code No. 23 of 1971 (smoothly) for defense lawyers to reach their clients, with a significant increase in overcrowding monitored."

He called for "forming a higher committee headed by the provincial police chief, consisting of the legal department and the human rights department affiliated with the office of the Minister of Interior and the Directorate of Internal Affairs and Defense, in addition to the presence of an observer member from the office of the High Commission for Human Rights in Basra and a member from the Basra Health Department/Forensic Medicine, under the supervision of the Public Prosecution, to follow up on the investigation file and complaints of individuals or accused persons, correct raids and arrests, the conditions of detainees, and deal quickly with complaints of torture and cruel or degrading treatment."

He continued, "There are detainees who are not known in which prisons or which force arrested them, and there are major violations in the prisons of the Ministry of Interior that cannot be ignored, and Minister Abdul Amir Al-Shammari must follow up on the file due to its seriousness."

Last year, the director of the Human Rights Commission office in Basra called for the need to find quick solutions to the overcrowding file in prisons affiliated with the police command. During his visit with the Human Rights Office of the United Nations Assistance Mission for Iraq (UNAMI) to one of the police stations in the province, he said, "There is an agreement against torture, and accordingly, the member and officer must learn human rights standards and obtain information through a transparent investigation process."

He added that "the office discussed the reality of detainees from a humanitarian and health perspective and the need to find quick solutions to the overcrowding file, which has reached 5 times the capacity of prisons and detention centers."

He called on government agencies to continue developing the file of training officers in the Basra Police Command on human rights principles and not to assault or use torture methods."

The Ministry of Justice acknowledged that the overcrowding rate in prisons reaches 300 percent, confirming the isolation of more than 20 employees as a result of their violations and bringing prohibited items into prisons.

ROL & HR Perspective on the Prisons in Basra

The situation in the prisons of Basra, as described in the article, raises significant concerns regarding both Rule of Law (ROL) and Human Rights (HR).

ROL Perspective:

1. Rule of Law Violations: The presence of individuals with power and privilege (e.g., prisoners with "servants" and "directors") undermines the principle of equality before the law. All detainees should be treated equally, regardless of their status.

2. Lack of Transparency: The inability to identify detainees and the lack of accountability for their treatment highlight a failure in the justice system. The absence of clear procedures for arrest and detention is a violation of due process.

3. Overcrowding: With prisons operating at 300% capacity, the system is overwhelmed, which compromises the ability to uphold the law effectively and safely. Overcrowding can lead to increased tensions and violence within facilities.

HR Perspective:

1. Torture and Ill-Treatment: The reported complaints of torture and ill-treatment are serious violations of human rights. International human rights standards, including the Convention Against Torture, emphasize the need for humane treatment of all detainees.

2. Discrimination: The discrimination between detainees based on their status is a violation of fundamental human rights principles. All individuals should have access to fair treatment and legal representation.

3. Health and Safety: The humanitarian and health conditions in overcrowded prisons pose severe risks to the physical and mental well-being of detainees. This situation is not only inhumane but also a public health concern.

Suggested Solutions

1. Establish an Independent Oversight Body: Create a committee that includes representatives from the Ministry of Justice, the High Commission for Human Rights, and civil society organizations to oversee prison conditions and ensure compliance with human rights standards.

2. Implement Legal Reforms: Amend laws to ensure that all detainees have equal rights to legal representation and protection from torture. Enforce Article 127 of the Criminal Procedure Code to facilitate access for defense lawyers.

3. Training Programs: Develop comprehensive training programs for law enforcement and prison staff on human rights standards and the prohibition of torture. This training should be mandatory and regularly updated.

4. Address Overcrowding: Implement alternative sentencing options and parole programs to reduce the prison population. Consider rehabilitation programs that allow for community service as a substitute for incarceration for non-violent offenders.

5. Regular Health Assessments: Conduct regular health assessments for detainees to address their medical needs and improve living conditions. Ensure access to mental health resources for those who have experienced trauma or abuse.

6. Transparency and Accountability: Establish a transparent reporting system for complaints regarding prison conditions, and ensure that investigations into allegations of torture and misconduct are conducted impartially and thoroughly.

7. Community Engagement: Involve local communities and NGOs in monitoring prison conditions and advocating for the rights of detainees. This can help create a more informed public and foster accountability.

By addressing these issues through a holistic approach that incorporates ROL and HR perspectives, the situation in Basra's prisons can be significantly improved, ensuring justice and dignity for all detainees.