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Iraq Page 1 of 39 2008 Human Rights Report: Iraq Page 1 of 39 2008 Human Rights Report: Iraq BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR 2008 Country Reports on Human Rights Practices February 25, 2009 Iraq, with a population of approximately 27.5 million, is a republic with a freely elected government led by Prime Minister Nouri Jawad al Maliki. The current administration assumed office in 2006 after the Council of Representatives (COR) approved a unity government composed of the major political parties. The 2005 COR elections establishing this government met internationally recognized electoral standards for free and fair elections, and the results of the elections reflected the will of the voters, according to the final report of the International Mission for Iraqi Elections. Since the second half of 2007 and during the year, the general security situation in the country substantially improved. Violence has decreased to the lowest level since 2004, although attacks on military, police, and civilians continued. According to Multinational Force-Iraq (MNF-I), civilian deaths from violence during the year fell 72 percent to approximately 15 per day; Iraqi Security Forces (ISF) deaths from violence fell by 57 percent to five per day, compared to the previous year. Successful ISF operations contributed to decreasing violence by establishing government control of areas previously dominated by Shia special groups and other extremists. Throughout the year the Shia militia Jaysh al-Mahdi (JAM) or Mahdi's Army reorganized, repudiating violence against Iraqis, and "Sons of Iraq" (SOI) neighborhood security forces -- many affiliated with Sunni tribal groups -- continued to combat insurgents and terrorists. These developments undermined the terrorist group Al-Qa'ida in Iraq (AQI) and Sunni insurgent influence, contributing to even further reductions in violence. During the year, the Ministries of Interior (MOI) and Defense (MOD) increased the numbers of trained security forces. At the end of the year there were over 590,000 trained security forces, an increase from 430,000 in November 2007. The strengthened ISF led successful operations, often jointly with the MNF-I, against insurgents and terrorists in Basrah, Maysan, Baghdad, Diyala, Ninewa, Qadisiyah, and Wasit Provinces. Civilian authorities generally maintained control of the ISF, although sectarian and party-affiliated militias, which sometimes controlled local security, at times failed to provide even-handed enforcement of the law and acted independently. Although reduced, continuing violence, corruption, and organizational dysfunction undermined the government's ability to protect human rights. During the year, the following significant human rights problems were reported: a climate of violence; misappropriation of official authority by sectarian, criminal, and extremist groups; arbitrary deprivation of life; disappearances; torture and other cruel, inhuman, or degrading treatment or punishment; impunity; poor conditions in pretrial detention and prison facilities; denial of fair public trials; delays in resolving property restitution claims; immature judicial institutions lacking capacity; arbitrary arrest and detention; arbitrary interference with privacy and home; other abuses in internal conflicts; limitations on freedoms of speech, press, assembly, and association due to sectarianism and extremist threats and violence; restrictions on religious freedom; restrictions on freedom of movement; large numbers of internally displaced persons (IDPs) and refugees; lack of protection of refugees and stateless persons; lack of transparency and widespread, severe corruption at all levels of government; constraints on international organizations and nongovernmental organizations' (NGOs) investigations of alleged violations of human rights; discrimination against and societal abuses of women, and http://www.state.gov/g/drl/rls/hrrpt/2008/nea/119116.htm 3/24/2009 2008 Human Rights Report: Iraq Page 2 of 39 ethnic and religious minorities; human trafficking; societal discrimination and violence against individuals based on sexual orientation; and limited exercise of labor rights. Insurgent and extremist violence, coupled with weak government performance in upholding the rule of law, resulted in widespread and severe human rights abuses. Although their influence and ability to attack was significantly weakened since 2007, terrorist groups such as AQI and other extremist elements continued to launch attacks against Shia and Sunnis, fueling sectarian tensions and undermining the government's ability to maintain law and order. Extremist and AQI attacks against Sunni SOI and tribal leaders and offices rose during the year. Extremists and AQI also conducted high-profile bombings near Shia markets and mosques and killed Shia religious pilgrims. Shia militias and armed paramilitary groups, some substantially incorporated into the ISF, also frequently attacked civilians and government officials. Religious minorities, sometimes labeled "anti-Islamic," were caught in the violence. Amidst attacks, Shia armed groups fought each other and against government forces for control of the nine provinces in the South, especially in Basrah. Insurgents also carried out a number of attacks against civilians and ethnic and religious minorities. During the year, despite some reconciliation and easing of tensions in several provinces, the government's human rights performance consistently fell short of according citizens the protections provided for by the law. The constitution and law provide a strong framework for the free exercise of human rights. A major achievement was the passage of the Provincial Election Law on September 24 calling for provincial elections on January 31, 2009, in 14 majority-Arab provinces, with elections later in the year in the three Kurdish provinces and in Tameem (Kirkuk). As well, the adoption on November 16 by the COR of the law authorizing the establishment of the constitutionally mandated Independent High Commission for Human Rights marked a step forward towards the goal of building institutions to protect those rights. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life During the year, there were numerous reports that the government or its agents committed arbitrary or unlawful killings in connection with the ongoing conflict. Security forces under government control killed armed fighters or persons planning to carry out violence against civilian or military targets. According to personal accounts and numerous press reports, these forces caused civilian deaths during these operations. The UN Assistance Mission for Iraq (UNAMI) cited reports that the ISF in January Basrah battles and April Sadr City battles against Shia militia failed to distinguish sufficiently between combatants and civilians, and often used disproportionate force. An extensive security operation in Diyala Province resulted in mass arrests, denial of due process, and credible reports of torture, some resulting in death. In one case, Sheikh Bashir, a Diyala community leader, was arrested by police in November and died in custody shortly thereafter. Government officials claimed he died from a pre-existing kidney condition, but his corpse had markings consistent with torture. With the increased exercise of central government authority over security forces, the phenomena of widespread and confirmed unauthorized government agent involvement in extrajudicial killings has ceased to reoccur. UNAMI did not report in its January-June Human Rights Report that there was involvement of ISF in extrajudicial killings in Baghdad, nor were there reports of MOI-affiliated death squads targeting Sunnis. In the central and southern parts of the country, successful government military operations against militia activity significantly reduced the ability of JAM and the Badr Organization of the Islamic Supreme Council of Iraq (ISCI) http://www.state.gov/g/drl/rls/hrrpt/2008/nea/119116.htm 3/24/2009 2008 Human Rights Report: Iraq Page 3 of 39 factions in the security forces to pursue political agendas. The change in leadership was not without disruption, however. On August 21, there were three attempts to kill General Sabah, the Provincial Chief of Police in Dhi Qar. Three Iraqi Police (IP) officers were arrested and charged with planting improvised explosive devices (IEDs). At year's end there was no further reported judicial follow-up. There was virtual impunity for officials tried for killings. In February 2007 several high officials in the Ministry of Health (MOH) who were JAM members -- including Deputy Minister Hakim al-Zamili -- were arrested and charged with organizing the killing of hundreds of Sunnis in Baghdad's hospitals. On March 2, their trial began after a month of delays due to the unavailability of witnesses. On March 3, the three-judge panel, citing a lack of evidence, acquitted the defendants, who were released soon after. There were allegations of witness intimidation throughout the process. At year's end, an appeal by the prosecution was pending. According to local residents, in May 2007 personnel wearing MOI police uniforms reportedly arrested and killed 16 individuals in the Hay al-Amel neighborhood. MOI Internal Affairs and Hay al-Amel Chief of Police investigated but did not find any evidence to substantiate the reports. There were no further developments related to the investigations into 2006 killings of Sunni Arabs by MOI-affiliated
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