BAGHDAD (AP) — Iraq is grappling with a severe overcrowding crisis in its prison system, which currently houses over 65,000 inmates, more than double its intended capacity. Justice Minister Khaled Shwani disclosed in an interview that Iraq’s 31 prisons were built to accommodate only approximately 31,000 inmates. He acknowledged that this significant overcrowding has put immense pressure on healthcare and human rights standards within the prison system.
Shwani remarked, “When we took office, overcrowding stood at 300%. After two years of reform, we’ve reduced it to 200%. Our goal is to bring that down to 100% by next year in line with international standards.”
The situation remains critical, as thousands of detainees are still held by security agencies and have not been transferred to the Ministry of Justice due to the lack of available prison capacity. Shwani stated that four new prisons are currently under construction, while three prisons have been closed in recent years. Subsequently, two new prisons have been opened, and six existing prisons were expanded to alleviate the situation.
The implementation of a general amnesty law, which passed in January, has been met with mixed reactions. Sunni lawmakers largely supported the legislation, arguing that their community has faced disproportionate targeting by terrorism charges, often resulting in confessions obtained under torture. However, critics of the law claim it could lead to the release of individuals linked to public corruption, embezzlement, and war crimes.
The Iraqi Observatory for Human Rights has raised concerns about the potential legal and security implications of the current version of the general amnesty law. Since the law took effect, Justice Minister Shwani confirmed that 2,118 prisoners have been released from the Ministry of Justice’s facilities, in addition to others who were released from security agency custody prior to being transferred.
Shwani elaborated, “We have a committee studying the status of inmates and identifying those who may qualify for release, but the vision is not yet final.” He indicated that while he expects a “good number” of inmates to be released, he cannot specify an exact percentage until clearer directives come from the judiciary regarding eligibility for the amnesty.
Among Iraq’s prison population are hundreds of foreign nationals, predominantly convicted of terrorism-related offenses or affiliations with militant groups like al-Qaida and the Islamic State. These inmates come from various countries, including Kyrgyzstan, Kazakhstan, Azerbaijan, Turkey, Egypt, North African nations, and several European states, as well as a few U.S. citizens. Shwani noted that discussions are ongoing with multiple governments to facilitate the repatriation of their citizens, excluding those facing death sentences.
Shwani further indicated that repatriations were already underway under existing agreements with nations such as Iran, Turkey, and the United Kingdom, including the recent transfer of 127 Iranian inmates back to Tehran. However, he confirmed that one Iranian convicted in the 2022 killing of a U.S. citizen in Baghdad remains in custody.
In November, Stephen Edward Troell, a 45-year-old native of Tennessee, was fatally shot in Baghdad. Mohamad Ali Ridha, an Iranian national, along with four Iraqis, was convicted in the incident, which authorities described as a kidnapping gone wrong. Following the enactment of the general amnesty law, all executions have been temporarily halted.
Iraq has been under scrutiny from human rights organizations for its use of the death penalty, particularly for executing prisoners without prior notice to their lawyers or families. In response to criticisms regarding execution practices and prison conditions, Shwani asserted that strict measures are in place for inmate protection and that many employees have faced investigations, dismissals, and prosecutions for violations.
He maintained that the number of executions is not as high as reported in the media and insisted that the death penalty is reserved for crimes that significantly endanger national security and public safety. He cited severe crimes such as a 2016 bombing attack in Baghdad’s Karrada district, which resulted in hundreds of fatalities, and other high-profile cases such as child rape and offenses committed by high-ranking IS leaders. The moratorium on executions seeks to reassess cases under the new amnesty law.
