Justice for the Few: The Human Rights Implications of Iraq's 'VIP' Prison System

Unequal Justice: The Human Rights Crisis of 'VIP' Prisons in Iraq

As is the case with many state institutions plagued by corruption, Iraqi prisons are witnessing a phenomenon of providing "VIP" services for important figures. This includes comfortable detention rooms, mobile phones, television screens, and even some gym equipment, along with permanent internet access and the ability to receive guests. The major issue with this type of corruption is that it encourages the spread and continuation of corruption throughout all state institutions. A corrupt individual does not fear the harshness of prison; instead, they consider it a period of relaxation and comfort before returning to enjoy the stolen money.

Abuse of Influence and Favoritism

An anti-corruption expert announced that inspection campaigns in some prisons have seized mobile phones, internet reception devices, electronic cigarettes, and other items that violate the regulations set by the Ministry of Justice for prisons. However, these campaigns were not publicly announced because the presence of such items indicates a breach and reflects corruption or negligence within these institutions. A legal expert confirms that many ministries and government departments only award projects to the children of officials or through them, often receiving a percentage in return for awarding contracts to others. The children of officials are effectively above the law and accountability, wielding power based on their parents' influence.

The head of the Transparency and Anti-Corruption Foundation in Iraq stated that "the phenomenon of reducing sentences for the children of officials and their entry into VIP prisons is due to the abuse of influence and favoritism by the authorities that arrest them, responding to the influence of officials whose children are involved in legal violations."

He explained that "the imprisonment of the children of officials or the officials themselves resembles a guesthouse, far removed from ordinary prisoners, allowing them to receive guests and enjoy various services. Some of these individuals conduct their business from inside the prisons, equipped with mobile phones and computers, with internet access available."

He noted that "some prisons have undergone security inspection campaigns, during which mobile phones, internet reception devices, electronic cigarettes, and other prohibited items were seized. However, these campaigns were not announced, as the existence of such items indicates a breach and reflects corruption or negligence within these institutions."

Lack of Institutional Framework

It is worth noting that the issue of prisoners in Iraq is complex, particularly with overcrowding and various violations, including the introduction of prohibited items. Official data on the number of prisoners in the country is not available, but conflicting figures suggest it approaches 100,000 inmates distributed across prisons operated by the Ministries of Justice, Interior, and Defense, as well as prisons owned by security agencies such as intelligence, national security, and counter-terrorism.

A legal expert confirmed that "Iraq lacks an institutional state; what exists is authority seized by a group of entities, each content with its own power. How else can we explain how the convicted and imprisoned child of an official is treated like their minister or official parent?"

He pointed out that "many ministries and government departments only award projects to the children of officials or through them, often receiving a percentage in return for awarding contracts to others. The children of officials are effectively above the law and accountability, wielding power based on their parents' influence, whether their father or mother holds a government position."

Encouragement of Disregard for the Law

The legal expert emphasized that "the existence of VIP prisons is one of the factors that encourage and contribute to the continuation of corruption. A corrupt person believes that it doesn't matter if they are arrested for corruption; they will lead a relatively normal and comfortable life in prisons that provide services to influential figures or those with significant wealth to purchase such services."

There are about 30 prisons across the country, housing approximately 60,000 inmates, both convicted and detained for criminal offenses or "terrorism" cases. Among the prisoners are 1,500 women and 1,500 Arab prisoners, in addition to another federal prison known as "Susa" in Sulaymaniyah province, which is linked to the federal Ministry of Justice.

Parliament Informed

The head of the Human Rights Committee in the Iraqi parliament previously stated that the Human Rights Committee received complaints from prisoners and their families through representatives, prompting them to conduct surprise visits to several prisons. They discovered mafias with influence divided among those who smuggle drugs and distribute them to users, those who sell and extort prisoners, those involved in food supplies, and others specialized in smuggling mobile phones and internet access.

He pointed out that they also found "VIP" rooms where prisoners paid bribes, regardless of their backgrounds, amounting to 300,000 dinars (about 200 dollars) monthly for comfort and complete services. Additionally, families of prisoners are sometimes charged fees to allow visits, despite this being a right that should be granted periodically according to existing laws, which is a clear form of corruption that should not be allowed to continue.

Human Rights Concerns:

1. Corruption and Inequality:

- The existence of "VIP" prisons creates a two-tiered justice system where influential individuals, including government officials and their families, receive preferential treatment, undermining the principle of equality before the law.

2. Inhumane Conditions for Regular Prisoners:

- While VIP prisoners enjoy comfortable accommodations, regular inmates often face overcrowded and unsanitary conditions, leading to potential human rights violations.

3. Lack of Accountability:

- The culture of impunity allows corrupt practices to flourish unchecked, with little to no consequences for those in power who exploit the system.

4. Restricted Access to Legal Representation:

- Many prisoners, especially those without influential connections, struggle to access legal help, which is a fundamental right under international law.

5. Violations of Privacy:

- The presence of mobile phones and internet access for VIP prisoners raises concerns about the violation of privacy and the potential for continued criminal activity from within prison walls.

6. Neglect of Human Rights Violations:

- Reports of abuse, neglect, and mistreatment of prisoners often go unaddressed due to a lack of oversight and accountability mechanisms.

Suggested Solutions:

1. Establishing a Unified Prison System:

- Implement a standardized set of regulations ensuring that all prisoners, regardless of their status, receive equal treatment and access to basic rights.

2. Strengthening Oversight Mechanisms:

- Introduce independent bodies to regularly inspect prisons and ensure compliance with human rights standards. This includes monitoring conditions and treatment of all prisoners.

3. Enhancing Legal Aid Services:

- Provide free legal representation for all detainees to ensure that their rights are protected and that they receive fair trials.

4. Implementing Anti-Corruption Measures:

- Enforce strict penalties for officials involved in corrupt practices within the prison system. Establish transparent processes for reporting and investigating corruption.

5. Promoting Rehabilitation Over Punishment:

- Shift the focus of the prison system from punishment to rehabilitation, providing educational and vocational training programs to prepare inmates for reintegration into society.

6. Public Awareness Campaigns:

- Launch initiatives to educate the public about prisoners' rights and the importance of accountability in the justice system, fostering a culture of respect for human rights.

7. International Collaboration:

- Collaborate with international human rights organizations to develop and implement best practices for prison management and reform, ensuring adherence to global human rights standards.

8. Legislative Reforms:

- Advocate for legislative changes that strengthen protections for prisoners and eliminate loopholes that allow for preferential treatment based on social status or influence.

By addressing these human rights concerns and implementing the suggested solutions, Iraq can work towards a more just and equitable prison system that upholds the dignity and rights of all individuals, regardless of their background.