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U.N. criticizes Iraq trials of ISIS 'members', including human shields

Iraqi intelligence arrest ISIS terrorist in Anbar

The United Nations on Tuesday raised “serious concerns” about the trials of hundreds of alleged ISIS members in Iraq, some of whom merely prepared meals, offered medical services or even acted as human shields for the jihadist group. 

Iraq has processed thousands of cases under its anti-terrorism law - including of detainees from outside the Middle East transferred from neighboring Syria - in the aftermath of a 2014-17 war against ISIS militants. 

The joint report by the UN’s Human Rights Office in Iraq (UNAMI) and the Office of the UN’s High Commissioner for Human Rights (OHCHR) covers 794 trials carried out between May 1, 2018 and Oct. 31, 2019, OHCHR spokesman Jeremy Laurence told a Geneva news briefing. 

“(The report) raises serious concerns about unfair trials placing defendants at a serious disadvantage,” he said, adding that the cases in the UN report also included 28 foreign defendants from 11 different countries. 

In some cases, the individuals had provided basic support services, such as selling vegetables or preparing meals for members of the ultra-hardline jihadist group, the report said. 


Defendants or defense lawyers alleged torture or ill-treatment during interrogation in 260 hearings, the report said, including of women or children.


The report said that judges did not generally question confessions that appeared to have been obtained in this way. 

The UN agencies could not independently verify those allegations, but said they had been receiving “credible reports” of torture and ill-treatment by authorities for years.

One young man, a 14-year-old at the time, was sentenced by the Karkh Juveniles court in Baghdad to 15 years in prison for admitting that he acted as a human shield, along with other family members, to protect fighters from an air strike, it said. 

In another case, the defendant, who was a pharmacist, was given a life sentence in Mosul for providing wounded ISIS members with medical services. 

“Prosecutions under the anti-terrorism legal framework... focused on ‘membership’ of a terrorist organization without sufficiently distinguishing between those who participated in serious crimes and those who joined ISIS out of perceived necessities of survival or under coercion,” the report said. 

In 109 of the cases studied by the UN, death sentences were handed down, Laurence said. In one of those cases, the defense lawyer was appointed on the day of the trial, had not met his client beforehand and stayed silent throughout.