This report provides a comprehensive legal and field-based assessment of the state of fair trial standards within the justice systems of Iraq and the Kurdistan Region. Drawing on an analysis of relevant laws and legal provisions, alongside direct monitoring of court processes and procedures across twelve governorates of Iraq, the report seeks to identify the gaps and discrepancies between legal provisions, the implementation of judicial procedures, and international human rights standards.
The report focuses in particular on a range of procedural shortcomings and deficiencies, including arbitrary arrest and detention, the right to be informed of the reasons for arrest and detention, the right to access legal counsel during the investigation stage, the right to remain silent, the prohibition of compelled confessions, the right to adequate facilities for the preparation of a defense, and the right to trial within a reasonable time before an independent and impartial court. It also includes a dedicated section on juvenile justice.
From a field perspective, the report draws on monitoring and information collected by 20 lawyers across 12 governorates of Iraq. The team was trained to monitor violations and departures from legally prescribed procedures, and throughout 2024, collected monitoring information and reports that were subsequently analyzed and used in the preparation of this report.
The report also provides a legal assessment of the gaps between domestic laws and regulations, procedural practices and customs in investigations and trials, and international standards on fair trial and human rights. The primary objective of this assessment is to identify these gaps and provide practical recommendations to improve the legal and judicial system and bring the implementation of laws closer to international standards.
Finally, the report presents a set of legal and implementation-oriented recommendations aimed at strengthening fair trial guarantees, protecting fundamental rights and freedoms, reducing procedural violations, and aligning the legal and judicial systems of Iraq and the Kurdistan Region with international human rights standards and best practices in fair trial.
