Criminal Liability for Violating the Right of Inmates in Iraqi Correctional Facilities to Humane Treatment

A Comparative Analytical Study of Criminal Liability for Violating the Rights of Inmates and The Prohibition of Torture

Abstract

This research examines the extent to which the executive and judicial authorities in Iraq fulfill their obligations to protect inmates' rights in correctional facilities, within national legislation and international human rights conventions. The research focuses on three main dimensions: ensuring humane treatment, preventing torture in all its forms, and providing necessary health and psychological services. The study is based on the fundamental premise that, despite Iraqi laws containing clear provisions criminalizing any violation of these rights, the problem lies in their implementation, hindering accountability mechanisms. To address this, a comparative analytical approach was employed, complemented by descriptive and inductive methods, to deconstruct legal texts and identify the foundations for criminal liability. The study revealed a significant gap between legal provisions and prison reality, as reports continue to indicate practices indicative of ill-treatment and medical and psychological neglect, alongside weak oversight procedures at judicial and administrative levels. The absence of deterrent penalties and the inconsistency of some national laws with international conventions, such as the Convention against Torture and the Mandela Rules, have also played a significant role in perpetuating impunity. Based on these findings, the research concludes with proposals encompassing legislative reform, improving judicial performance, and enhancing the institutional environment, with a focus on supporting independent oversight, simplifying grievance procedures, and training prison staff to ensure effective protection of inmates' rights and strengthen public trust in the Iraqi criminal justice system.