The Arab Center for Independence of the Judiciary and Legal Professions (ACIJLP) expresses its deep concern over the deteriorating human rights situation in Iraq, particularly violations against the right to life, either through armed militias or through a steady rise in death sentences.

The ACIJLP raised several concerns on death sentences in Iraq and accelerating its enforcement in a collective manner, especially in light of the lack of Iraqi trials to the guarantees of fair trial, a matter which descended these sentences from the ranks of judicial judgments, to what looks like physical liquidation, and extrajudicial killings.

Furthermore, the ACIJLP is deeply concerned that many of the Iraqi TV channels consistently broadcast confessions registered for many of the defendants, in which they admit committing crimes punishable by death, a matter which refers to the possibility of exposing these defendants to torture in order to get them to confess committing crimes suspects.

The ACIJLP calls upon the Iraqi authorities to fulfill international obligations and commitments related to the protection of the right to life, to freeze death sentences and to ensure minimum guarantees of fair trial, until the abolition of the death penalty.

The ACIJLP also calls upon the UN Special Rapporteur on extrajudicial, summary or arbitrary executions to urge the Iraqi authorities to freeze the enforcement of the death sentences and replace such penalties with alternative penalties after providing fair trials and fair to the accused.

It should be noted that the year 2011 witnesses the issuance of 291 sentenced to death, implemented by the Iraqi authorities, including 28 executions. In the year 2012, the number of those persons sentence to death has increased to 96 people. On 27^th and 29^th (August 2012), the Iraqi Ministry of Justice ordered the execution of 26 Iraqi people, without specifying the details of the charges against the convicted and convicted for terrorism.

According to UN statistics, Iraq has witnessed the issuance of death sentences of more than 1200 people since 2004, but the number of those who were executed is still unknown. The Iraqi judiciary allows the death penalty in about 50 crimes, including terrorism, kidnapping, murder and other crimes such as damage to public utilities and property.

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) urges the Special Rapporteur on extrajudicial, summary or arbitrary executions to take urgent action and present a petition to the Iraqi authorities concerned demanding that the death sentence handed down to Taha Yassin Ramadan, the former deputy president of Iraq, not be implemented.

ACIJLP believes that Ramadan’s trial lacked the basic guarantees of a fair and unbiased trial, particularly the standards laid down in article 14 of the International Covenant on Civil and Political Rights (ICCPR). ACIJLP also believes that the sentence issued against Ramadan may be motivated by unsound reasons, or for reasons of revenge, rather than seeking justice. This is particularly the case given that it contravenes the principles and rules of criminal justice according to which the plaintiff should not be harmed by an appeal, and the second instance (appeal) court must not issue a sentence harsher than that of the first instance court, especially since that it is charged with examining the application of the law rather than the facts.

ACIJLP therefore directs appeals to the Special Rapporteur on extrajudicial, summary or arbitrary executions to make every effort to persuade the Iraqi government to stop the implementation of this verdict. It calls on the Iraqi president to make effective article 6(4) of the ICCPR which states that “anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.”

Taha Hussein Ramadan was arrested on 19^th August 2003 and stood trial with others in the Dujail trial. He was given a life sentence on the 5^th November 2006 (his lawyer was assassinated on 8^th November 2005) but the appeals court rejected this sentence as being too lenient, and demanded that he be executed. A death sentence was issued on the 12^th February 2007.  

In the framework of the role of the Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP), it has been applied to be registered as one of the Arab regional associations in order to observe the Iraqi elections.

Accordinglly, it has been addmitted and registered at the High Commission for the Iraqi Elections with No. 36, as the ACIJLP is the first an Arab NGO is going to observe the Iraqi elections.

ACIJLP’s team along with a hundred Iraqi observers are giong observe elections over the variouse Iraqi governorates. Moreover, the center currently seeks to form an Egyptian delegate of ten persons, jurists and media figures, to be a part of the ACIJLP’s team of its mission in Iraq. It is scheduled that licenses will be issued within the next week for the Egyptian delegate.

ACIJLP calls all who wish to be part of the ACIJLP’s delegate during the Iraqi elections to register their names with the center within next three days. It is worth mentioning that ACIJLP’s application to observe the Iraqi elections has been strongly supported as it is the first an Egyptian Arab intiative along with the international organizations to observe the Iraqi elections.

The Egyptian government, has banned – without giving any reasons why – the holding of a workshop for Iraqi activists holding legal qualifications. The planned workshop had been organized by the International Union of Lawyers, whose headquarters is in London, in co-operation with the Arab Center for the Independence of the Judiciary and the Legal Profession..

The International Union of Lawyers convened six training workshops for judges, lawyers and prosecutors in the United Arab Emirates in 1994.

The administrative board of both the Union and the ACIJLP considered Cairo the natural choice for holding this workshop (without the Egyptian government having to bear any financial costs) because of Egypt’s leading role in the Arab region. The training and assistance of countries in the Arab region in all fields is an extension of this role.

It was planned that the programe for Iraqi lawyers would provide training on international human rights instruments with the aim of preparing them as trainers in the region. They would then go on to provide support for Iraqi rights activists in Iraq, educate them about international standards and spread a culture of human rights.

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) signed a protocol of cooperation with the Iraqi Bar Association.

This protocol aims at coordination and cooperation between ACIJL and Iraqi bar in the field of organizing training courses, workshops and activities for distributing human rights education. Moreover, they are going to have joint consultation and exchanging views on issues relevant to status of justice particularly, independence of judiciary and legal profession. In addition to this, they’re going to issue statements on joint views regarding justice and human rights and to address governmental,  non-governmental institutions and regional and international organizations about co-points towards human, national and local questions.

Both associations signed this protocol in the framework of the significance of role of civil societies on defense of basic rights and freedoms in order to create aware human society and responsible for protection of his rights. Accordingly, such society is going to plant rules and concepts of human rights that will reflect on his practice. 

Mr. Nasser Amin, Director General of ACIJLP and Mr. Malek Dohan Al-Hasan, President of Iraqi Bar, signed the cooperation protocol.

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) Voices that crimes are being committed by American occupation forces of Iraq, against Iraqi citizens and prisoners of war, constitute elements of crimes against humanity and war crimes in accordance with Rome Statute of the International Criminal Court (ICC).

ACIJLP points out that these crimes are being committed widely and systematically by American soldiers around many places in the world such as Aphganistan and Iraq. Accordingly, these crimes are the main cause of attack by American Administration against International Criminal Court (ICC) as well as US consequent insistence in undermining ICC’s role.

The center condemns bilateral judicial agreements that signed between US Administration and most of world states. These agreements are done by America in order to avoid and demolish the Rome Statute of ICC for the purpose of protection its soldiers involved in war crimes and crimes against humanity beyond United States borders.

ACIJLP expresses its extreme astonishment of many world states’ concern about committing US occupation’s crimes against Iraqis simultaneously with US bilateral agreements with these states on judicial cooperation to provide protection for those crimes perpetrators. It is worth mentioning, that some Arab countries signed such US pacts, for example Bahrain, Tunisia, Djibouti, Egypt, Mauritania, Morocco and Kuwait.

The Center considers proceeding of applying US agreements regarding not hand over American soldiers involved in crimes under jurisdiction of ICC, makes signed countries as an active partner of crimes against humanity and war crimes against Iraqi people.

ACIJLP calls upon sates that signed these accords to accelerate, if it has a real objection against crimes committing against Iraqi people and prisoners of war, eliminating pacts that support impunity and legal coverage for most cruel crimes against humanity. Moreover, US accords protect crimes perpetrators from prosecution before ICC and fair trial.

Furthermore, the Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJL) appeals upon these sates to ratify on the Rome Statute of Permanent International Criminal Court as it is an effective means and practical procedure, instead of theoretical condemn and denouncement, to constrain crimes are being committed by US forces against Iraqi people. Therefore, this will be the preliminary step to try perpetrators of the most dangerous crimes as well as to implant international criminal justice.