By Nykoel Dinardo
Impunity Watch Reporter, Middle East

NEW YORK, New York – On December 14, Human Rights Watch (HRW) released a report titled “The Quality of Justice:  Failings of Iraq’s Central Criminal Court.”  The report claims that the Central Criminal Court of Iraq (CCCI), the flagship court under the new Iraqi government, fails to meet international standards of due process and fair trials.

According to the report, HRW monitored court proceedings and met with judges, defense attorneys, and the defendants themselves.  The report explains that many of the problems in the justice system are due to structural problems in Iraq, including problems with political factions and inefficiency in the institutions.

The report states that defendants are often held for long periods before being tried.  HRW states that defendants are often held for months, or even years, before their cases are referred to a judge.   It explains that the delays are due, in part, to a dramatic increase in the number of detainees, many resulting from the implementation of the Baghdad Security Plan in 2007.  However, it also states that these delays are partly due to procedural failures in detainee handling prior to their arrival at the CCCI.  HRW says that judges sometimes deal with failures – such as lack of proper investigation – by dismissing cases.

Moreover, the report claims that those detained are often abused while in custody, mostly with the intent of garnering a confession.  HRW stated that it documented numerous cases where defendants showed signs of torture, or other forms abuse.  It stated that it documented at least 10 investigative hearings involving defendants recanting confessions that had been taken while in custody.  HRW has expressed concern about impunity for those responsible.

Finally, the report states that defense attorneys are often assigned to cases in the last few days before trial, failing to give them time to prepare an adequate defense.  It further claims that defense attorneys, though assigned, fail to properly perform their duties as an attorney.  The report describes a case where a court appointed lawyer in a capital case refused to speak during an investigative hearing after the judge denied his request to leave so that he could attend to another case.

The report also made several other allegations of failures in the court system. 

HRW requests that Iraq take action to prevent torture and ill-treatment of detainees, and disallow confessions and other evidence obtained through torture or abuse.   They further recommend that Iraq ensure that all arrests and detentions are in compliance with Iraqi domestic law.  They ask Iraq to release all detainees who cannot be charged or who have not been charged with a cognizable offense. 

HRW also recommends that the US continue to physically hold Iraqi detainees, though their cases will be transferred to Iraqi officials.  They ask that the US refrain from actually transferring persons until there is no risk of torture or ill-treatment while in Iraqi custody. 

For more information, please see:

New York Times – Iraqi Justice System is Faulted – 15 December 2008

Voice of America – HRW Says Iraqi Criminal Court Trials Unfair – 15 December 2008

Human Rights Watch – Iraq:  Unfair Trails Mar Main Criminal Court – 14 December 2008

Human Rights Watch – The Quality of Justice: Failings of Iraq’s Central Criminal Court – 14 December 2008

Reuters – Iraqi Justice System Falls Short – Report – 14 December 2008

By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

TEL AVIV, Israel – Richard Falk, professor at Princeton University and the United Nations Human Rights Council´s Special Repporteur on the situation of human rights in the occupied Palestinian Territory was  deported from Israel. Falk was barred from entry into Israel when he arrived in Tel Aviv on the evening of December 14. He spent the night at Ben Gurion airport before he was deported the next morning.

Falk is currently working on a report about the human rights conditions in the occupied Palestinian Territories to raise it at the UN Human Rights Council session in March 2009. He went to Israel to examine violations of international humanitarian law in the occupied Palestinian Territories. During his trip, Falk had been scheduled to hold meetings in Ramallah with representatives of many human rights organizations.

After Falk was appointed as the UN’s special Repporteur on the Palestinian territories earlier this year, Israel stated that it would deny his entry because in 2007 he said Israel’s blockade on Gaza was a “Holocaust in the making.” Israel allowed Falk to enter in June in order to attend a conference in Ramallah in the West Bank.

Israel is defending their decision to deport Falk, saying he had used his personal visit in June to write an official UN report and because of his comparison of Israel’s practices to the Holocaust.

Yigal Palmor, the Israeli Foreign Minister, stated that “Falk came as a reporter for the UN Human Rights Council and we find the mandate of the reporter is completely distorted. It has been instrumentalized for Israel-bashing.”

Palmor claims Falk has made unprofessional extreme comments about Israel, with no factual basis. Palmor did not cite any examples but stated that the fact that Falk believes in conspiracy theories is enough reason to discredit him.

The Adalah rights organization has sent an urgent letter to Interior Minister Meir Sheetrit and Attorney General Menachem Mazuz, demanding that they lift the ban on Falk. The organization has noted that the ban is a severe blow to the rights of Palestinians living under Israeli occupation. The letter states that it is Israel’s obligation, as a member of the UN and a signatory to various international human rights conventions, to respect the work of UN representatives and enable human rights missions without fear of repercussions.

It is the third time this year that Israel has barred a high-profile critic from entering. In May, Israel deported Norman Finkelstein, a controversial Jewish American academic who has accused Israel of using the Holocaust to justify its actions against the Palestinians. In the same month, Israel also refused Archbishop Desmond Tutu entry while he was on a UN fact-finding mission in Gaza.

For more information, please see:

New York Times – U.N. Rights Investigator Expelled By Israel – 16 December 2008

American Chronicle – U.S. Professor Richard Falk Denied Entry Into Israel And Deported From Ben Gurion Airport – 15 December 2008

Electronic Intifada – Israel Denies Entry to UN Rights Reporter – 15 December 2008

Ha’aertz – Israel Expels UN Rights Envoy Who Compared Israelis to Nazis – 15 December 2008