Comments
On January 28, 2020, the United Nations Assistance Mission for Iraq (UNAMI) and the United Nations Office of the High Commissioner for Human Rights (OHCHR) published a joint report on trials of individuals associated with the Islamic State of Iraq and Levant (ISIL) which took place from May 1, 2018, through October 31, 2019. According to a press release from the OHCHR, though the report generally applauds efforts to bring such individuals to trial, it expresses concerns surrounding the extent to which basic fair trial rights are respected. The Executive Summary to the report notes specific concerns relating to, inter alia: (1) ineffective assistance of counsel; (2) over-reliance on confessions; (3) the broad definition of terrorism under the applicable legal framework; and (4) the imposition of the death penalty in the context of unfair trials. The report makes a number of recommendations to the Government of Iraq and the High Judicial Council concerning the general legal and policy frameworks, compliance with fair trial standards, and the protection of human rights. The report is accompanied by annexed responses by the Government of Iraq, the High Judicial Council, and the Kurdistan Regional Government.