Experts of the Committee on Enforced Disappearances Note Steps Taken by Iraq to Address Enforced Disappearance, Raise Questions on Preserving Evidence Collected by the United Nations Investigative Team and Excavations of Mass Graves
The Committee on Enforced Disappearances today concluded its consideration of additional information on the report of Iraq on its implementation of the provisions of the International Convention on the Protection of All Persons from Enforced Disappearance. Committee Experts noted steps by Iraq to address the issue of enforced disappearance, while raising questions on ensuring that evidence collected by the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh and the Islamic State in Iraq and the Levant was preserved after its closure, and on the excavation of mass graves.
Juan Pablo Albán Alencastro, Committee Chairperson and Country Rapporteur for Iraq, said the Committee took note of steps taken by the State party to address the issue of enforced disappearance, including legislative and institutional initiatives, but concerns remained.
Mr. Albán Alencastro asked how after the closure of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh and the Islamic State in Iraq and the Levant, the forensic testimonial and evidentiary materials collected by the body would be preserved? How was it ensured that it was integrated into search processes going forward?
He further requested information regarding the budget allocation to identify remains recovered from mass graves. Why did the protection of mass graves act (act no. 13 of 2015) not cover crimes allegedly committed by State agents? What progress had been made in the identification and excavation of hundreds of mass graves since the Committee's visit to Iraq in 2022?
Introducing the report, Khalid Shwani, Minister of Justice of Iraq and head of the delegation, said the Iraqi Government had made efforts to expand the law on enforced disappearance and implement it nationally. A draft law had been developed in regard to Convention-related obligations, which was currently under discussion in parliament. The draft law was consistent with the Convention, including in its definition of enforced disappearance, and appropriate punishments and penalties for this crime were enshrined in the law.
The delegation said the mission of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh and the Islamic State in Iraq and the Levant had been extended for an entire year, during which the National Centre for International Judicial Cooperation had been established, which transferred all the archives of the United Nations team to this organization. All the work of the Investigative Team was transferred to the National Centre, leading to the prosecution of wanted persons and the exchange of information with judiciaries around the world.
The delegation said the report on exhumations and excavations was open to members of the public, and groups such as the International Committee of the Red Cross took part in excavations. All graves were dealt with on an equal footing. Families and non-governmental organizations had been able to take part in exhumation efforts in 2022. There were also several cooperation agreements with non-governmental organizations, which were enshrined within the law on mass graves.
In concluding remarks, Carmen Rosa Villa Quintana, Committee Vice Chair, said the Committee would continue exchanges to guarantee the implementation of the Convention in Iraq and around the world. The Committee thanked Iraq for the dialogue and counted on its ongoing commitment.
The delegation of Iraq consisted of representatives from the Ministry of Justice; the Ministry of Higher Education and Scientific Research; the Ministry of Planning; the Ministry of Labour and Social Affairs; the Ministry of Migration and Displacement; the Ministry of Foreign Affairs; the Ministry of Interior; the Ministry of Defence; the Ministry of Health; the Prime Minister’s Office; the Supreme Judicial Council; the State Council; the Kurdistan Regional Government; the Council of Ministers; the Martyrs’ Foundation; the Counter-Terrorism Service; the Popular Mobilisation Commission; the National Committee for International Humanitarian Law; the National Security Service; the Iraqi National Intelligence Service; and the Permanent Representative of Iraq to the United Nations Office at Geneva.
All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 3 p.m. on Wednesday, 11 March, to begin its consideration of the initial report of Malawi (CED/C/MWI/1).
Report
The Committee has before it additional information on the report of Iraq (CED/C/IRQ/A1/2).
Presentation of Replies to the List of Issues
KHALID SHWANI, Minister of Justice of Iraq and head of the delegation, said the Iraqi Government had made efforts to expand the law on enforced disappearance and implement it nationally. The law on enforced disappearance of 2009 reflected the conviction in this regard. A draft law had been developed in regard to Convention-related obligations, which was currently under discussion in parliament. The draft law was consistent with the Convention, including in its definition of enforced disappearance, and appropriate punishments and penalties for this crime were enshrined in the law. A law had also been developed providing for reparations for victims of war and terrorist operations. The law on criminal procedures granted affected persons a right to compensation and reparations. Iraqi law criminalised any form of deprivation of liberty without a judicial order, within several pieces of legislation, including under the Criminal Code.
Judicial bodies and other relevant institutions within Iraq received complaints on all cases of missing persons, including allegations of enforced disappearance, which were investigated by the courts. A dedicated service on missing persons existed within the Ministry of Justice; it conducted searches for missing persons, providing the findings to the competent authorities for decision-making and reparations. Law enforcement authorities were entitled to conduct arrests based on arrest warrants. A military sanctions law defined responsibilities, duties and sanctions against armed forces, as well as criminal responsibility for committing crimes. The internal security sanctions law 2008 stipulated the sanctioning of the superior if they ordered a subordinate to perpetrate a crime. No one could be arrested without a judicial decision.
The implementation of recommendations of international bodies, including those on enforced disappearance, was outlined within the national human rights strategy. This led to training for members of the military, security and police on human rights related issues. The number of allegations of enforced disappearance which Iraq had received from the Committee was 666, with 167 accused of terrorism. The number of closed cases had reached 33. Sixteen people had been killed by the Da’esh terrorist groups. The State would report back to the Committee with further conclusions and details.
A centre for international judicial cooperation had been created to follow-up on work started with the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh and the Islamic State in Iraq and the Levant, aiming to document terrorist crimes and hold perpetrators accountable. The centre aimed to document those associated with the terrorist Da’esh group, promote international cooperation, document crimes by Da’esh, and build partnerships in the field of human rights. More than 1,900 crimes had been documented so far.
The Commission on Human Rights was able to conduct visits in prisons and places of detention, with relevant reports presented before the comeptent authorities. This entity received human rights complaints and engaged in the appropriate legal measures. The Commission also arranged training and workshops on human rights education for law enforcement officers and legal personnel, including on how to treat prisoners.
The National Commission on Disappearances covered enforced disappearance and had applied detailed procedures to create databases of those who had disappeared. Any case of disappearance was filed in line with Convention processes. The Ministry of Justice coordinated with all authorities to receive complaints, and strove to establish a united database within the Human Rights Division to include information from all parties. Investigations were also conducted to establish the fate and whereabouts of the disappeared.
Courts conducted investigations into any complaints of enforced disappearance and ensured follow-up with all concerned parties. Everyone had the right to follow the case files of disappeared persons. Annual training on human rights had been rolled out to judges, magistrates and attorney generals, with 310 such sessions held in 2025. A single unified form needed to be filled as part of the search procedure, registering key details of the missing person. A cross-checking then occurred with relevant stakeholders to ensure as much information as possible was gleaned.
All places of detention were overseen by Government authorities. The Constitution outlined that nobody could be arrested or held in centres other than those designed for the purpose of detention and overseen by State authorities. Work was being carried out to establish a specific case file for all detained persons, and key data about this person must be registered. The Government had established a single electronic system for prisons and detainees, to have a better understanding of each individual, including their health status and any transfers. This system was monitored by the Ministry of Justice, the National Human Rights Institution, and other relevant authorities. Periodic visits took place to detention centres to understand the situation of prisoners and detainees. In 2025, more than 5,400 visits were carried out by the Office of the Attorney General.
When information about mass graves was received, the Martyr Foundation coordinated with forensic and security services to exhume the graves, identify the remains, and inform relatives and competent authorities of their findings. A unified database on human remains had been created. Since 2022, 65 mass graves had been exhumed, with 903 remains examined.
Criminal investigations were carried out by competent authorities within a maximum of 24 hours. Accused persons were informed of their right to a lawyer and were able to contact their families and inform them of their whereabouts. Under law, healthcare was provided in all prisons and detention centres and detainees underwent a compulsory medical check upon entering prison which was added to their legal file. The court could rule on the death of a disappeared person if four years had passed since the declaration of their disappearance. This timeframe was reduced to two years if the person had been kidnapped by terrorist groups.
Questions by Committee Experts
BARBARA LOCHBIHLER, Committee Expert and Country Rapporteur for Iraq, said the dialogue was being held at a time when war was raging in the region, making the situation in Iraq very tense. Nevertheless, it was important to focus on the situation of enforced disappearances in Iraq and on the victims of this heinous crime. Enforced disappearance in Iraq persisted as a frequent and ongoing violation, due to the absence of its criminalisation as an autonomous criminal offence, ineffective and politicised institutions, and entrenched impunity.
Last year, there was an increase in restrictions on peaceful activities related to victims of enforced disappearances, including the prevention of the annual vigil organised by victim families in Baghdad, despite prior official approval, and the solidarity vigil for the victims of Saqlawiyah on the International Day of the Victims of Enforced Disappearance, 30 August. The dialogue today was taking place after the closure of the United Nations Assistance Mission for Iraq and the closure of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh and the Islamic State in Iraq and the Levant, and in the context of a severe regression in the fight against enforced disappearances within the country.
The Iraqi High Commission for Human Rights acted under the oversight of the Ministry of Justice and had been without commissioners since 2021, which contributed to its downgrade to 'B' status in 2024. The independence of the High Commission had been further harmed by transferring two of the Prime Minister’s advisors to serve as “advisers” within the Commission without any legal basis. What measures did the State intend to take to counter this downgrade of the High Commission? How would it be ensured that the High Commission would be able to perform its mandate in this context? The State party established the Committee of Experts in 2023, tasked with selecting commissioners; what was the composition of this Committee? Could the State party explain the decrease in complaints related to enforced disappearances received by the High Commission for Human Rights, from 2,275 in 2021 to 805 in 2022, and to 335 complaints in 2023?
Various attempts had been made to introduce a draft bill on enforced disappearances since 2017 to define and criminalise enforced disappearances as an autonomous crime, but the bill was still pending before the Council of Representatives. What was being envisaged to speed up the process of adopting the bill? The Iraqi Supreme Criminal Court act no. 10 limited the qualification of enforced disappearances as a crime against humanity to those committed between 1968 and 2003; how would this be rectified in the bill? What penalties were foreseen for the crime? According to the version of the bill the Committee had received, the death penalty was foreseen as one of the penalties.
Under the Criminal Code, a public official or State agent who committed an enforced disappearance following an order from a superior could invoke the order to justify an enforced disappearance. How could this limitation be overcome? What was the current stage of debating the statute of limitations for crimes of enforced disappearance?
In view of the closure of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh and the Islamic State in Iraq and the Levant, there were concerns about the preservation and transfer of forensic, testimonial and evidentiary materials collected by the body in relation to mass graves and Da’esh crimes. Could the delegation comment on this? What was the number and severity of sentences handed down?
Iraq was one of the States parties with the highest number of urgent actions registered and also held the top position amongst States parties of not answering reminders on urgent actions. What steps were being taken to overcome the persistent lack of information in replies to urgent actions? What measures were being taken to establish and implement the search, including action plans and properly trained personnel?
How did Iraq’s National Mechanism for Implementation, Reporting and Follow-up work in terms of implementing treaty body recommendations? The national human rights plan and the Kurdistan Region’s own human rights plan (2021-2025) were coming to an end. How was the cooperation with the Convention reflected in new upcoming plans?
JUAN PABLO ALBÁN ALENCASTRO, Committee Chairperson and Country Rapporteur for Iraq, said the Committee took note of steps taken by the State party to address the issue of enforced disappearance, including legislative and institutional initiatives, but concerns remained. The National Committee for Missing Persons had been reconstituted, and steps were initiated to create and coordinate a national register of "missing persons". What data had been gathered on those who had disappeared since 1968, including those subjected to enforced disappearance? The register on "missing persons" had not been completed yet; consequently, the State party continued to rely on existing institutional registers that were isolated and not interconnected, including between federal and Kurdistan Region authorities. What steps were being taken to unify the register and coordinate information?
Why was there a lack of information on enforced disappearance in the register? What was the scope of the mandate of the National Committee on Missing Persons? Was it working on all cases of disappearances or just those within a certain time period? What was the composition of the Committee? How were members selected and how was their impartiality and independence ensured? Were there background checks to ensure that no member of the Committee had participated in gross human rights violations?
What efforts had been made by the State party to simplify the process of reporting a disappearance of a loved one? Impunity for the crime of enforced disappearance prevailed; what steps were being taken to be more efficient in investigating these cases? Could information on reparations and punishment for disappearances after 2003 be provided? Could search processes be provided regarding activists and protesters involved in the October 2019 Tishreen protests?
How was the State ensuring there were no secret places of detention, and what was being done to investigate allegations of such facilities? What steps were being taken to investigate allegations of the denial of key legal safeguards for persons deprived of their liberty, including arrests without a warrant, lack of immediate access to legal counsel, and their right to communicate with their family? What steps were being taken by the State to establish a centralised nationwide register of all persons deprived of liberty? What information would be included? How could people access these registers? What steps had been taken by the State to overcome deficiencies in record keeping for the various registers which existed for missing and disappeared persons? Would this be included in the present bill?
After the closure of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh and the Islamic State in Iraq and the Levant, how would the forensic testimonial and evidentiary materials collected by this body be preserved? How was it ensured that this material was integrated into search processes going forward? What cooperation and legal assistance had been provided by States where Dae’sh transported disappeared persons, including Türkiye and Iran, to locate those persons? The missing persons section of the Human Rights Department at the Ministry of Justice had a search mechanism to investigate reports of enforced disappearance. Could progress on searches be provided, including data? What steps would be taken to ensure there was a central authority with sufficient resources to carry out the searches and provide results?
What steps were being taken to coordinate the 17 institutions dealing with disappeared persons and simplify their activities? How would the State simplify the initiation of a process to search for a disappeared person? What steps were being taken to ensure that searches were carried out on the ground, and not simply through document revision? How were victims’ relatives included in search processes and how was the State preventing the possibility of reprisals against these people?
What was the budget allocation to identify remains recovered from mass graves? Why did the protection of mass graves act (act no. 13 of 2015) not cover crimes allegedly committed by State agents? What progress had been made in the identification and excavation of hundreds of mass graves since the Committee's visit to Iraq in 2022? Could the State address reports of unauthorised openings of mass graves and risks to chain of command and evidence integrity?
Responses by the Delegation
The delegation said the United Nations Assistance Mission in Iraq had ended its mandate, following an agreement between the Iraqi Government and the United Nations, as Iraq had moved beyond the transitional period and established its own institutions. The Mission had therefore completed its mandate. The Secretary-General had attended the ceremony of ending the mandate and praised the decision of Iraq to end the mandate, announcing that there would be long-term strategic cooperation between the Government of Iraq and the United Nations.
There were no recent cases of enforced disappearance in Iraq as per the definition outlined in the Convention. Iraq was a state of law, and since 2021 had witnessed stability in the promotion and protection of human rights. All cases of enforced disappearance were scrutinised carefully by the law enforcement authorities. The State thanked the Committee for drawing its attention to any cases, so they could undertake appropriate investigations.
There was currently no legislative void which encouraged impunity. Whenever a case of enforced disappearance was ascertained, the competent authorities acted according to the Court of Criminal Procedure and worked in full transparency according to applicable laws in Iraq.
The head and members of the Human Rights Commission would be elected as soon as possible, and the Minister of Justice had no prerogative to intervene, but was simply conducting interim administrative and financial functions. There were no secret prisons in Iraq; all prisons operated under the Ministry of Justice and all inmates had a name and a dedicated file.
The mission of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh and the Islamic State in Iraq and the Levant had been extended for an entire year. During that year, the National Centre for International Judicial Cooperation had been established, which transferred all the archives of the United Nations team to this organization. The National Centre was residing in the same location as the United Nations Assistance Mission for Iraq; the closure of the United Nations Investigative Team was taking place, making for a seamless transition. All the work of the Investigative Team was transferred to the National Centre, leading to the prosecution of wanted persons and the exchange of information with judiciaries around the world.
The judiciary in Iraq was independent from all other powers based on judicial and legal principles. Iraqi courts applied the law in an independent manner. The crimes of illegal abductions or detentions were usually conducted by terrorist groups. The Iraqi Government continued to adhere to international standards on human rights.
Despite the current non-existence of a dedicated law on enforced disappearance, there were other pieces of legislation and the State shouldered its responsibility in this regard. Protections for enforced disappearance were enshrined within the Constitution, including ensuring that the courts could handle these kinds of cases. The Government had undertaken concrete measures to modify and amend national legislation in line with international obligations, including the bill on enforced disappearance which was referred to the parliament.
The report on exhumations and excavations was open to members of the public and groups such as the International Committee of the Red Cross took part in excavations. All graves were dealt with on an equal footing. There had been a circular issued which confirmed the non-legality of exhumation unless conducted by the competent authorities. Families and non-governmental organizations had been able to take part in exhumation efforts in 2022. There were also several cooperation agreements with non-governmental organizations, which were enshrined within the law on mass graves.
The competent authorities organised multiple campaigns to improve data collection in the Kurdistan Region, including the collection of blood.
Any person who was complicit in enforced disappearance or ordered it, on a large-scale, received the death penalty. Under the law, criminal responsibility was placed on the superior, if the subordinate officer was not complicit in full knowledge of the consequences. Any individual abusing their role was responsible for a crime.
In Kurdistan, tens of thousands of people had been victims of enforced disappearance. The remains of more than 3,600 victims had been recovered, and there had been more than 80 mass graves found outside Kurdistan. The National Commission for the Disappeared and the National Investigation Committee allowed for the identification of the place where around 6,000 victims were buried. Appropriate verification proceedings had been conducted to identify the victims.
Over the course of Da’esh’s campaign, many regions within the Yazidi communities had experienced enforced disappearances. More than 6,500 cases of abduction were recorded; around 3,000 were released with the rest remaining disappeared. In 2024, the Government adopted a law to protect victims of Da’esh which had benefitted around 5,000 people, and continued to provide support to the population following the attacks. A law existed to try and prosecute terrorist crimes.
Questions by Committee Experts
JUAN PABLO ALBÁN ALENCASTRO, Committee Chairperson and Country Rapporteur for Iraq, asked if the State had forensic databases in place to identify those in mass graves? Were there plans to include in the bill on enforced disappearance, a definition of victim in accordance with the Convention? How did the State ensure all victims were treated equally regardless of who their relatives were? What reparations had been granted to victims of enforced disappearance? What resources had been assigned for the implementation of the compensation framework?
What efforts were in place to remember victims of enforced disappearance? Did national legislation provide for a declaration of absence due to disappearance? What was Iraq doing to address reprisals conducted against victims of enforced disappearance? Did the State intend to establish a comprehensive reparations plan? How was discriminatory behaviour against women in the context of enforced disappearance being addressed?
BARBARA LOCHBIHLER, Committee Expert and Country Rapporteur for Iraq, asked what was being done to fight threats against civil society and journalists? This included two freelance journalists disappeared in 2020 and 2021.
Responses by the Delegation
The delegation said the State did its best to provide compensation to those aggrieved. Family members were subject to social protection, including wages from the State, with around 2,400 benefiting from this. Work was done to protect women who had lost their breadwinner. The State had not registered any recent documented cases of enforced disappearances according to the definition of the Convention; this was not a denial, but a reflection of the strong legal and institutional framework adopted by Iraq and was a source of pride for the country.
An electronic register had been created which allowed for families of detained persons to be notified within 24 hours of detention, and visits to be carried out. Iraq had never turned down visiting requests from any organizations, including the Red Cross.
The Committee on Enforced Disappearance looked at complaints and allegations of enforced disappearance due to the Da’esh terrorist groups. The National Committee had been reformed to look at all cases of enforced disappearance in Iraq. It was a coordination mechanism made up of a wide range of Government stakeholders and aimed to find the whereabouts of disappeared persons. Since the establishment of the National Committee, the State had taken steps to work towards a register for disappeared persons.
Currently there were no such financial allocations regarding the remains excavated from mass graves.
Closing Remarks
CARMEN ROSA VILLA QUINTANA, Committee Vice-Chair, said the Committee would continue exchanges to guarantee the implementation of the Convention in Iraq and around the world. The Committee was here to assist and support States and stakeholders in the fight against enforced disappearance. Civil society organizations were key actors in the Committee’s work, and all States must guarantee that anyone who cooperated with the Committee was not subject to reprisals or intimidation. The Committee thanked Iraq for the dialogue and counted on its ongoing commitment.
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