Published 08 August 2008
Detainees – all Iraqis, save for a small number of foreigners – are denied their basic right not to be held indefinitely without charge or trial. Many are young men rounded up in mass, arbitrary arrests
Iraq is casting a long shadow over the US presidential race, and with relative calm in the country the candidates are debating how fast US troops should quit Iraq. Senator Barack Obama’s 16-month timetable for withdrawal has the backing of Iraqi leaders, and the Bush administration itself now endorses a “time horizon” for troop cuts. But absent from the debate has been any discussion of the fate of nearly 21,000 prisoners held in Iraq by US forces. Obama and his Republican rival Senator John McCain ought to start talking now about what to do with detainees in US military custody in Iraq.
The US-led Multinational Force-Iraq (MNF) has claimed the authority to hold the detainees under successive UN Security Council Resolutions, the last of which expires at the end of the year. Prospects for a status-of-forces agreement (SOFA) and related pacts that might fill the legal void are clouded by the Bush administration’s lame duck status.
The detainees – all Iraqis, save for a small number of foreigners – are effectively denied their basic right not to be held indefinitely without charge or trial. Many are young men rounded up in mass, arbitrary arrests. They are promised a review of their cases every six months, though the MNF has told Human Rights Watch reviews are more frequent in practice. Yet on average, detainees remain in custody for more than 300 days, according to MNF figures as of May. The detainees, divided between a remote prison near Basra and a smaller one near Baghdad’s airport, have little access to relatives, who in many cases cannot afford to visit or fear reprisal. Although about a tenth of detainees face charges in an Iraqi criminal court; the vast majority are never charged.