Iraq retains the death penalty for a broad range of crimes not all of which can

be considered most serious crimes as required under international human rights

law. Since 2005 to date according to UNAMI monitoring, 675 executions have
been carried out; 60 up until 31 August in 2014. Most of those executed were
convicted for acts of terrorism, which is of concern given the broad definition of
terrorism in the relevant law. Furthermore, persistent and serious flaws remain in
the administration of criminal justice system, notably evidenced by the number
of violations of due process and fair trial rights as guaranteed by Iraqs
obligations under international human rights law and the Constitution of Iraq. The
use of the death penalty in these circumstances present significant risks of
grievous and irreversible miscarriages of justice whereby innocent people may be
executed for crimes they did not commit. The use of the death penalty in these
circumstances constitutes a violation of the right to life as guaranteed by
international human rights law and the Constitution of Iraq, and may amount to
cruel, inhuman or degrading treatment or punishment. UNAMI recognizes the
difficulties faced by the Government and people of Iraq, notably the security
situation faced by the country and the ever increasing death, injury and
destruction suffered by the Iraqi people on a daily basis from acts of armed
violence and terrorism. However, in order to address this situation in the long
term, it is necessary to ensure that human rights are respected and protected at
all times as the cornerstones of a society and state based on rule of law. UNAMI
has strongly advocated that implementing the death penalty has no measurable
deterrent effect on levels of insurgent and terrorist violence or on the levels of
civilian casualties. A simple consideration of the numbers of civilian casualties
each year since 2008 shows that, as the numbers of those executed have
increased, so, too, has the number of civilian casualties who die from the actions
of terrorist and armed groups. Far from having a deterrent effect, it would seem
that the implementation of the death penalty is merely reactive to increasing
violence. Given the weaknesses of the criminal justice system in Iraq, executing
individuals whose guilt may be questionable merely compounds the sense of
injustice and alienation among certain sectors of the population, which in turn
serves as one of the contributing factors that is exploited by extremists to fuel
the violence. The Government of Iraq urgently needs to develop and implement
policies that address the conditions conducive to armed violence and terrorism,
but which reinforce the rule of law and that promote the respect and protection of
human rights. These should include re-engaging affected communities in policies
and decision-making related to their protection, ensuring actual protection by
impartial State security forces from insurgent and terrorist activities, committing
more resources to enhancing the forensic and investigatory capacities of police
and security force members to investigate crimes, and reform of the criminal
justice system, including amendment of the Anti-Terrorism Law no. 13 of 2005 to
ensure its full compliance with due process and fair trial standards, and to
promote access to justice by victims and accused alike.