1. In spite of considerable efforts by the new Government to ensure respect for humanrights and re-establish the rule of law, human rights violations, particularly against theright to life and personal integrity, continued to occur at an alarming daily rate. Duringthe reporting period the number of civilians killed was a reported total of 6,599 (3,590 inJuly and 3,009 in August). The month of July witnessed an increase in the number ofsecurity related incidents resulting in an unprecedented number of civilians killedthroughout the country. Although the number of killings decreased at the beginning ofAugust, further increases were evident towards the end of the month in Baghdad andother Governorates. (See paragraphs 12-14)2. Human rights abuses result from the combined actions of insurgent groups targetingthe Iraqi security forces and the MNF-I as well as those working in the publicadministration, in business or in various professions. Armed groups use terrorist methodsin order to foment insecurity and sectarian strife which in turn have continued to trigger avicious cycle of violence and revenge killings, resulting in overall instability in thecountry.3. A main aspect of the present situation in Iraq is the lack of a centralized andauthorized control over the use of force in the country. As a result, there is a continuousgrowth of the militias, coupled with the emergence of gangs and organized crimesometimes accused of having links to sectors of the police and the security forces, as wellas an increase in the number of private security firms – national and international.Militias, at times linked to political parties which are also part of the Government,continue to operate outside the law; death squads and sectarian and religious extremistsare equally prone to commit human rights violations.4. As the type and scale of human rights violations have continued to vary since 2003,the new Iraqi Government established in May 2006, although strongly committed to thepromotion and protection of human rights, is currently facing a generalized breakdown oflaw and order which presents a serious challenge to the institutions of Iraq. Lawenforcement agencies are insufficient, inadequately equipped and in need of furthertraining. Lack of standing orders and weak internal accountability systems also continueto undermine human rights.

5. Most State institutions which are fundamental to the protection of basic rightscontinued to take steps in the right direction, although at a rate insufficient to effectivelytackle old and new human rights abuses. In some cases, commitments undertaken havenot yet been implemented with the result that progress in the institutional development ofhuman rights protection and promotion remain unheeded. Furthermore, the response thesecurity forces, as well as military operations in area where the insurgency is more active,has led to consistent allegations of human rights abuses. Reports of torture in officialdetention centres remain widespread while torture is also practiced by militias and deathsquads. At the same time, there is a growing perception of impunity for current and pastcrimes committed which risks further eroding the rule of law.6. Organized and random violence, within a context of lack of law and order and wearysocio-economic development, continue to provide the framework for everyday life inIraq. Kidnappings by criminal gangs have revealed a sectarian dimension. (Seeparagraphs 36-40). Previous UNAMI human rights reports have documented the effectsof violence on ordinary people, children, professionals, and vulnerable groups such asdisplaced persons. Women are reportedly increasingly victims of “honour crimes”(paragraphs 41-49) and freedom of expression is suffering as a result of killings andintimidation of journalists, media workers and attacks against news outlets (paragraphs29-35). Members of Iraqi ethnic, religious or linguistic minorities feel that their identityand even physical existence is threatened.7. Increasing movements of population in search of security continue to strain theresources and capacity of local and central authorities and magnify vulnerability.According to the UN High Commissioner for Refugees (UNHCR) and the InternationalOrganization of Migration (IOM), as of 29 August, there are approximately 300,000displaced persons in Iraq following the destruction of Al-Askari shrine in Samarra inFebruary 2006. (paragraphs 56-57).8. Efforts have continued to ensure that individuals are not deprived of their libertywithout a judicial warrant and increasing number of detainees have been transferred tothe legitimate custody of the Ministry of Justice. During the reporting period, the overallnumber of detainees reached 35,542, increasing with respect to the previous reportingperiod of May-June. The judiciary also started to implement a plan to increase thenumber of judges, while the Ministry of Interior is considering the establishment of aCentre for Ethics and Human Rights. (More on detainees in paragraphs 58-63).9. Significant progress cannot be achieved unless more forceful attempts are made toenhance the functioning of the country’s judiciary and its law enforcement as well as tomake progress in legal and institutional reform. Such efforts should include addressingunderlying grievances and combating impunity for past and current crimes. Decisivepolitical action will be required to positively address legitimate fears and competingclaims in order to effectively resolve these problems.

10. The violence affecting Iraq, which is challenging the very fabric of the country, isfomented by the legacy of impunity for past human rights violations which, in turn, isresponsible for fueling revenge and further violence. The inability of State institutions tobring perpetrators of human rights violations to justice, and the resulting recourse ofordinary citizens to seek private retributive justice, risk polarizing Iraqi society to apreviously unknown degree and result in a self-reinforcing pattern of sectarianconfrontation. In order to implement the National Reconciliation Plan of June 2006, theGovernment of Iraq will need to effectively address past and current human rightsviolations. UNAMI HRO has initiated a transitional justice programme in support ofthose goals. (See paragraph 91-93)11. Monitoring human rights in Iraq remains challenging, particularly because thesecurity situation makes it difficult to independently verify the allegations received.However, individual accounts received by UNAMI, as well as information obtainedthrough the authorities, reports by local human rights organizations, private security firmsand the press, provide additional indicators pointing to clear patterns.Protection of Human RightsExtra-judicial executions, targeted and indiscriminate killings12. According to information provided by the Ministry of Health and the Medico-LegalInstitute in Baghdad, the number of civilians violently killed in the country was anunprecedented 3,590 in July (including 183 women and 23 children) and 3,009 in August(including 194 women and 24 children).1The number of wounded reached 3,793 in July,(including 234 women and 72 children), and 4,309 in August (including 256 women and90 children). The Medico-legal Institute in Baghdad reported that the number of bodiesbrought to the Institute was a record 1,855 in July and 1,536 in August 2006; theoverwhelming majority of the casualties died of gunshot wounds (1,417 in July and 1,091in August). As a way of comparison, the total figure of civilians killed in Iraq were 2,669in May and 3,149 in June 2006.13. In Baghdad the total of persons killed in July and August was 5,106 (2,884 and 2,222respectively). In August there was a decline in the overall number of killed and woundedprobably due to a reduction in the number of casualties in Baghdad. Such reduction wassomehow offset by increases in other Governorates, most notably Diyala and Mosul. Thereduction in the number of casualties maybe attributed to a degree of improved securitybrought by “Operation Forward Together” in specific neighbourhoods of the capital. (Seeparagraph 23)

14. These figures reflect the fact that indiscriminate killings of civilians have continuedthroughout the country while hundreds of bodies appear bearing signs of severe tortureand execution style killing. Such murders are carried out by death squads or by armedgroups, with sectarian or revenge connotations. Random killings of street vendors orcleaners have also taken place.15. Members of the police and recruits have been particularly targeted; other attacks havebeen carried out against recruitment centres of the police and army or against normalrestaurants used by them which often resulted also in a high number of civilian casualties.16. A spike in sectarian and revenge attacks took place in July. On 9 July, gangs ofarmed men reportedly went on a rampage and killed at least 40 Arab Sunnis in theneighbourhood of Al-Jihad after establishing the religious affiliation of the victimsthrough their identity cards at makeshift checkpoints. It was also reported that themilitias entered homes and killed their inhabitants. This attack was purportedly triggeredby an earlier attack on 8 July against a Shi’a mosque in the same area that reportedlykilled 19 persons, including thee children, and wounded 59 others. Although residentsblamed Al-Mahdi Army for the killing of Sunnis, the group’s leader, Moqtada Al-Sadrdenied any involvement. Later on 9 July, two car bombs exploded near a Shi’a mosquein Kasra, a mixed neighborhood in northeastern Baghdad.17. On 12 July, unidentified gunmen attacked a bus station in Muqdadiyah, separatingSunni from Shi’a men and taking the latter to the nearby village of Ballour where 24 ofthem were handcuffed, blindfolded, and shot in the head. On 13 July, three streetsweepers were killed when a bomb exploded in eastern Baghdad. On 16 July, a suicidebombing in a coffee shop in Tuz Khurmatu, near Kirkuk, killed 28 people. On 17 July atleast 48 people, including women and children, were killed and another 46 were woundedin a coordinated assault which included the explosion of two car bombs, several mortar

rounds and shooting in a crowded market in Al-Mahmoudiya. On 23 July, a terroristattack amid a crowd of job-seeking day labourers, near a police station in the Jamila areaof Al-Sadr City, killed at least 34 people. Later that day, another bomb exploded in thesame area and eight people were also killed.18. Particularly abhorrent are terrorist attacks against markets and mosques and thekilling of religious pilgrims. During the reporting period, at least ten different mosquesused by Sunni and Shi’a faithful have been the object of bomb or other attacks resultingin many killed and wounded. On 6 July, 12 people were killed and 41 wounded after acar bomb targeted Shi’a pilgrims from Iran at the Maithem Al-Tamar shrine in Kufa, nearthe holy city of Najaf. On 11 July, gunmen murdered at least 10 Shi’a in Baghdad whowere riding a minibus that was taking a coffin to be buried in Najaf. Two other pilgrimswere killed on 13 July in Al-Dora district, in Baghdad, when they also were on their wayto Najaf. On the same day, gunmen fired on a car in Baghdad heading for a funeral inNajaf, killing one person and wounding another. Despite a government ban on vehiclemovements in Baghdad, as part of the security plan for a Shi’a festivity which includesthe visit to Imam Mousa Al-Kadhum’s grave, on 19 and 20 August, at least 20 peoplewere killed and 300 other wounded when armed groups attacked the visitors who walkedto the shrine.19. Terrorist attacks have aimed at inflicting death and injury among civilians in places ofpublic gatherings, such as markets, shopping areas and fuel stations. Several incidentstook place on 10 July. Twelve persons were killed and many more wounded after abomb exploded in Al-Sadr City, followed by a car bomb that exploded amidst the crowdthat had gathered near the site of the earlier bomb. Another bomb in the Shurja market(central Baghdad) killed three persons and wounded 18. Unidentified gunmen attacked acommuter bus and shot dead seven people, including a woman, before setting the bus onfire in Amariyah, a predominantly Sunni neighbourhood in western Baghdad.Furthermore, Shi’a militias reportedly fought gun battles with insurgents in theneighbourhood of Al-Dora, in Baghdad. Another bomb outside a restaurant near RasheedStreet, in central Baghdad, killed six and wounded 28, while a bomb attack in a gasstation in Mahmoudiya wounded 10 people. On 31 August, an explosion targeting againthe Shurja market killed 24 and wounded 35. Earlier the same day, the explosion of abomb hidden in a bicycle at an Army recruitment centre in Hilla, had killed 12 applicants.20. Extra-judicial executions of former members of the armed forces or those associatedwith the former regime have also continued. Members of the public administration orpolitical parties were also targeted. On 10 July, a former high-ranking officer fromSaddam Hussein's army, ex-staff Major General Salih Mohammed Salih, was killed inBasra in a shootout. In particular, UNAMI HRO has received numerous reports ofmembers of the air forces who have been killed since the fall of the former regime. On10 July, a member of the provincial council in Diyala, Mr. Adnan Iskandar Al-Mahdawi,was killed and two of his guards wounded in a drive-by shooting while in Samarra, thesame day, unidentified gunmen assassinated an official in the Iraqi Islamic Party and twoof his guards. On 16 July, unidentified gunmen killed Faris Abdul Latif, a formermember of the ousted Ba'ath Party, along with his son in a market in Muqdadiya. Awoman passer-by was also killed in the attack. On 31 August, Lieutenant-General5

Wajeeh Thirar Hneyfish, a former commander of the Habbaniya Air Force base, wasgunned down in the town of Ramadi.21. Tensions remain high also in the multi-ethnic city of Kirkuk. On 10 July, a truckbomb made an unsuccessful attempt to strike an office of the Patriotic Union of Kurdistan(PUK), the party of President Jalal Talabani, killing five and wounding 12. On 27August, several car bombs killed at least three persons and injured 35. Indiscriminatedrive-by shootings caused the death of four Kurdish civilians in Al-Rashad sub-district,south of Kirkuk. Bomb and other attacks targeted offices of the PUK in Baghdad, Mosul,Basra, Kut, Karbala and Nassiriya on 11 August, after Shi’a cleric leader AyatollahMohammed Al-Yacoubi was criticized in the official Kurdish newspaper for allegedlyfueling tensions between Arab Shi’as and Kurds in Kirkuk.22. On 17 July, in Baghdad, unidentified gunmen shot dead Major General Fakhri AbdulHassan Ali, Chief of the Legal Office in the Ministry of Interior (MOI), as he left hishouse in Mansour. Major General Fakhri was the representative of his Ministry in theRule of Law Sectoral Working Group (ROLSWG), led by the President of the HighJudicial Council and facilitated by UNAMI HRO. On 20 July, drive-by shootings killedten shop owners and street vendors in the 14 of July Street, in the Mansour area inBaghdad. As a result, most shops in this normally busy area closed for fear of furtherkillings. Tribal leaders, translators working with the US Embassy, and police officerswere also targeted.23. In an attempt to stem the violence in the capital, the Government launched “OperationTogether Forward” in mid-July. On 25 July, the Government extended the “state ofemergency” for another 30 days. In early August, an estimated 12,000 additional Iraqiand MNF-I troops concentrated on certain neighbourhoods which had witnessed highlevels of insecurity such as Al-Dora, Kadhamiya, Adhamiya and Mansour. Theoperation, consisting of concerted interventions, including car bans in specified areas andhouse-to-house searches, resulted in a reduction in security incidents and a consequentdecrease in the number of victims in those neighbourhoods. A degree of confidence wasreportedly restored among the local population although concerns have been expressedregarding the sustainability of security conditions following the departure of the militaryand with the Iraqi Police taking over security tasks in the area.24. One of the deadliest attacks was carried out on 31 August, when combined and nearlysimultaneous bombings killed at least 64 people and wounded 286 in neighbourhoods ofeastern Baghdad with a Shi’a population majority. The attack involved the use ofexplosives planted in buildings and shops rented a few days previously, a car bomb in amarket, and several mortars and rockets that exploded simultaneously and caused deathand destruction of property and homes in Shi’a areas.Professional categoriesLawyers and judges

25. Judges and lawyers have continued to be targeted because of their work. Suchviolence against judges is keenly felt because of their already acute shortage throughoutIraq, a fact that further undermines the establishment of the rule of law in the country.During the reporting period, at least three judges were killed, another female judge waskidnapped, two others survived assassination attempts while another received deaththreats and had to be transferred to another part of the country. At least seven lawyerswere killed during the same period. At least 120 lawyers are said to have left the countrysince January 2006.26. Court houses, as well as a senior official at the Ministry of Justice, were also targeted.On 23 July, a bomb car exploded in front of Kirkuk Appeal’s Court, killing 26 persons,including one lawyer, and wounding more than 100. On 24 August, four persons werekilled and eight others wounded following a suicide attack outside Mosul House ofJustice. Most of the victims were policemen. On 30 August, unidentified gunmenmurdered Ms. Nadiya Muhammad Hasan, the Director General of the Public Notary inthe Ministry of Justice, her driver and two bodyguards in Baghdad.27. Lawyers are reportedly reluctant to carry on their work freely or to be involved incases which may affect their safety. Lawyers appear reluctant to work on cases involvingfamily matters (“honour crimes;” inheritance; children’s custody cases following divorce)for fear of being targeted by intolerant and extremist elements in society. As a result,women are reported to be particularly affected. On 29 July, Salah Abdel-Kader, a lawyerin Baghdad known for working with cases of “honor crimes” and children’s custody, wasshot dead in his office. It was reported that according to his family a note was found nearhis body saying:"This is the price to pay for those who do not follow Islamic laws anddefend what is dreadful and dirty.”28. The Bar Association in Sulaymaniya reported that, on 18 August, a lawyer wasdetained by security elements in Bakerjawo because he participated in a demonstrationagainst the Kurdistan Regional Government. He was released two days later by aninvestigative judge.Journalists29. UNAMI remains concerned regarding ongoing threats to freedom of expression in thecountry posed by continuous targeting of journalists and news publications. According tointernational organizations monitoring freedom of expression in Iraq, between 100 and134 journalists and media workers, of different Iraqi communities, have been killed sinceMarch 2003.30. On 31 July, Iraqi journalist Abdul Wahab Abdul Razeq Ahmad Al-Qaisie, editor-in-chief of the magazine Kol Al Dounia, was found dead 10 days after he was abducted bymasked militiamen in the New Baghdad district. Mohammad Abbas Mohammad, editorfor the newspaper Al-Bayinnah Al-Jadida, was shot dead while he was leaving his homein western Baghdad. On the same day, the body of freelance journalist Ismail Amin Ali,

a well-known columnist for Al-Sabah and Al-Qarar was discovered by the police in Al-Sadr City, in eastern Baghdad.31. Journalists and publications have also faced legal prosecution by the authorities forcarrying out their work. In August, prosecution started against three other journalists atKarrada Felony Court for charges based on article 226 of the Iraqi Penal Code, includingslandering the police forces and judicial figures in three articles published in 2004 inSada Wasit Newspaper, where the three worked. One article reportedly criticized theGovernor of Wasit, while two other articles criticized the Iraqi Judicial System and theIraqi police in that Governorate for violating basic human rights. The office of the BasraGovernor confirmed to UNAMI HRO that the city authorities intend to sue any journalistwho portrays a “falsemessage to the media regarding the security situation in Basra.”32. The Iraqi Journalists’ Association reported that forces of the Ministry of Interior beatAli Al-Yassi, a journalist working for satellite TV channel Al-Hurra on 1 August. On thesame day, Adel Najee Al-Mansouri, a reporter for Iranian TV channelAl-Alam,wasfound dead, a day after armed men took him from his house in the Al-Amiriyah district ofBaghdad. Riyad Mohammad Ali Atto, the editor of “Tal’afer Today weekly” newspaperin Talafar was kidnapped on 20 July in Mosul and his body found on 1 August. Thebody of Ayad Nsaif Al-Musawi was found in mid-August in Palestine Street, not far fromthe place where he had been kidnapped in mid-July. On 16 August, an armed groupkidnapped Saif Abidl Jabar Al-Timimi from west Baghdad. Mr. Al-Timimi worked withAl-Ikha newspaper, affiliated with the Iraqi National Turkoman Party in Iraq.33. The Iraqi Journalist’s Association announced the assassination attempt against theDeputy Chairman of the Association, Mr. Jabar Tarrad Al-Shimmary; the formerchairman Mr. Abdulla Al-Lami, was also victim of an assassination attempt on 29August. On 27 August a car bomb exploded outside the offices of the leading state-runnewspaper “Al-Sabah” in Baghdad, killing two people and wounding 25 others. Thiswas the second attack against the same newspaper in ten months. The same day, anotherbomb targeted the Hotel Palestine, which hosts many foreign news agencies andreporters, killing five persons and wounding 10 others. The Palestine Hotel had beenalso targeted in October 2005, when suicide bombers severely injured nine journalistsand media workers.34. Many journalists have fled the country after receiving threats or followingassassination attempts. Several Iraqi Human Rights Organizations have called forinquiries to be conducted on all cases of attacks against journalists and for theGovernment to protect them. The Deputy Prime Minister for Security, Dr. Salam Zuba’iannounced in mid August that his office would adopt a proposal to establish a force toprotect media workers and organizations.35. UNAMI HRO is also concerned about freedom of expression in the Region ofKurdistan following the detention of at least seven journalists by police forces whencovering demonstrations against the KRG in Sulaymaniya Governorate on 13 August.The journalists were later released on bail (See paragraph 84-85).

Intimidation, threats, kidnappings36. Intimidation, threats and kidnappings for ransom are continuing to affect the life ofordinary Iraqis. Such incidents have also sectarian connotation. Many kidnappingscontinue to be carried out by criminal gangs sometimes wearing police or Special Forces’uniforms. The victims are either released or they disappear based on their sect affiliation.In some cases, there are reports that hostages are sold to other gangs. No accuratestatistics are available because, in most cases, the victims’ families do not seek theassistance of the police or the judicial system but appeal instead to leaders of militias ortribes who may have influence with the alleged kidnappers. There are unconfirmedallegations that many of those disappeared are being kept in illegal detention centers runby death squads. In most cases, the victims simply disappear and their relatives have noinformation about their whereabouts. Many residents have reported receiving threateningletters intimating them to evacuate their homes. Those threats include instructions not torent or sell the property left behind, which in turns increases hardship for the displacedfamily. UNAMI HRO also received reports that many of the abandoned houses are lateroccupied by militias.37. On 13 July, Mohammed Karim Abid Sahib, the coach of Iraq's national wrestlingteam was killed in the Baghdad neighbourhood of Adhamiya. On 15 July, gunmendressed in police uniforms kidnapped the head of Iraq's Olympic Committee, AmmarJabbar Al-Saadi and at least 12 others, including the deputy head of the OlympicCommittee, the chairman of the Tae-kwon-do Federation, Jamal Abdul-Karim, and thechief of the Boxing Federation Union, Bashar Mustafa. Although some of the victimswere later released, Mr. Ammar Jabbar’s whereabouts remain unknown. Manyindividuals kidnapped for ransom have not been released even if victims’ familiesexpressed their willingness to pay a ransom. Hours after Muhammed Ibrahim wentmissing, on 6 August, the family received a call from the kidnappers from his ownmobile phone asking for a ransom. Negotiations regarding the sum to pay continued but,on 7 August, the kidnappers asked the family to evacuate their home and move to anotherarea. On 8 August, phone calls stopped and the fate of Muhemmed remains unknown.On 31 July, unidentified gunmen kidnapped 26 people in a shopping street in Arasat, incentral Baghdad, including the head of the Iraqi-American Chamber of Commerce, anindependent organization affiliated with the US government, as well as 10 of his staff and15 other employees working for a mobile telephone company. The kidnappers reportedlywore police uniforms and arrived in some 15 police vehicles without number plates andleft after separating men from women, blindfolding, handcuffing and taking away themen.38. According to reports and individual accounts received by UNAMI HRO, travelers onmain roads to and from western borders of Iraq are often questioned about their religiousaffiliation by armed groups which act with impunity. On 1 August, 45 civilians from Al-Najaf were kidnapped by unidentified gunmen and taken to an unknown location. Eightemployees in the Nasir Company belonging to the Ministry of Industry were kidnappedon 6 August, when traveling in a minibus. The driver was later released and only thebody of another person was found. On 13 August, Khalid Abdulla with other 5 drivers in

five trucks, was returning from the Syrian border heading to Baghdad, when they stoppedat a restaurant near Rutba; armed individuals took them away and severely tortured them.Three of the drivers were later released but Khalid and other two men with three trucksare still missing. According to reports received approximately 25 drivers and their trucksdisappeared in the same road by the end of August.39. Local aid groups, which at times are the sole source of assistance for the growingnumber of displaced persons, have reported receiving threats for helping displacedfamilies of different religious affiliation. Violence hampers the delivery of aid in placessuch as Al-Anbar and Baghdad. In Kirkuk, at the end of August, a printed threatcirculated among aid agencies accusing seven foreign-based aid organizations of workingfor the benefit of a foreign country and against the interests of Iraq.40. Human rights activist, Mr. Hussein Al-Ibrahemi, survived an assassination attempt on25 July when unidentified persons shot him as he was arriving to his home in the town ofKarbala. In May 2006 Mr. Al-Ibrahemi had received threatening letters accusing him ofbeing a “spy” for the United States and for facilitating things for the “occupation forces”through his teaching of human rights activities.Women41. Women remain particularly vulnerable and exposed to great risks. As previouslyreported,2the security situation and the militancy of intolerant groups are increasinglylimiting women’s ability to move freely outside their homes while progressivelyrestricting their access to health services and education as well as their ability toparticipate in public life.42. Moreover, UNAMI HRO received reports that women are increasingly facing threatsto their lives and physical integrity if they are accused of damaging the “honour” of thefamily. Although “honour crimes” are not new in Iraq, the generalized breakdown inlaw and order may risk fostering a culture of “taking matters into one’s hands.” Whileaccurate figures are difficult to obtain for the whole of Iraq, it is known that "honourcrimes” affect women primarily, albeit not exclusively. In a recent case known toUNAMI HRO, two boys and a girl of 14 to 15 years of age were killed on 11 August inthe north of Iraq purportedly after the girl had established a relationship with one of theboys. No criminal investigation appears to have been initiated by the authorities toidentify and punish those who committed such murders.43. “Honour crimes,” though, affect women in a disproportionate manner. They violatefundamental rights guaranteed by the UN Convention on the Elimination of All Forms ofDiscrimination against Women (CEDAW), to which Iraq is party. Although CEDAWdoes not contain specific provisions regarding violence against women, GeneralRecommendation 12 of the CEDAW Committee clarifies that gender-based violence isprohibited by the Convention and that States parties should act“to protect womenagainst violence of any kind occurring within the family, at the work place or in any2

other area of social life.”The International Covenant on Civil and Political Rights andthe Convention on the Rights of the Child, to which Iraq is also a party, have specificprovisions prohibiting violence against women and girl children.44. In addition, article 4 of the UN Declaration on the Elimination of Violence AgainstWomen requires that "Statesshould condemn violence against women and should notinvoke any custom, tradition or religious consideration to avoid their obligations withrespect to its elimination"(Article 4).45. According to the Iraqi Penal Code, killing women on the grounds of “honour”constitutes an attenuating factor. Article 409 stipulates that men convicted of “honourkillings” may be jailed only for a period of up to three years. However, because suchcrimes are infrequently reported, few are actually prosecuted. Furthermore police andjudges often sympathize with the accused.46. UNAMI HRO has learned of three women killed by unidentified men in Missan inmid-August allegedly for “honour” reasons. Two of those women were apparently well-known and lived in an area called “Al-Imarat Al-Sakaniya Al-Qadeema” in the center ofAmara in Missan; the third woman lived in “Al-Iskan” area in Amara.47. The Kurdistan Regional Government has been a leading voice in denouncing Iraq“honour killings” and its amendment of the penal code to consider such killings asordinary crime is commendable. Furthermore, the Kurdish Regional Government hasmade significant progress in acknowledging the occurrence of “honour killings” and inraising public awareness regarding this matter.3However, it has come to the attention ofthe UNAMI HRO that over the last six months there has been a significant increase in therate of female mortality due to accidents or crimes in the Region of Kurdistan.48. UNAMI has learned with concern that figures for the period 1 January to 1 July 2006from the Medico-Legal Institute in the Governorates of Erbil and Sulaymaniya indicatethat the number of females killed is 112 and 163 respectively. “Burning” was given asthe cause of death in over half of the cases in Erbil and approximately two thirds inSulaymaniya. Press reports in the Region of Kurdistan have indicated that similarepisodes are also found in the Governorate of Dahuk. Many women’s rights activists,civil society organizations and members of the Kurdish National Assembly have reportedto UNAMI that on many occasions such type of “fire accidents’ conceal, in reality, an“honour crime” committed within the family.49. In their fight against generalized violence, central, regional and local authoritiesshould provide greater protection to women from crimes committed within the family,including all types of violence against women and girls on the grounds of honour.Whenever such crimes are committed the authorities should ensure that they are properlyinvestigated and that those found to be responsible are brought to justice. An earlyrevision of the Iraqi Penal Code, along the lines of the one undertaken by the KurdishNational Assembly, which determined that “honour killings” constitute an aggravating3

factor, becomes pressing. On 24 August, the Special Representative of the SecretaryGeneral (SRSG) for Iraq, Mr. Ashraf Qazi, expressed his concern to President JalalTalabani regarding the issue of “honour crimes” in a letter subsequently sent also to thePresident of the Region of Kurdistan, in which he highlighted UNAMI’s concern with thephenomenon.Military operations50. In Al-Anbar, where military operations are ongoing there have been consistent reportsby residents, NGOs and observers indicating that local residents continue to face severerestrictions to their freedom of movement or suffer temporary displacement, disruption offood and medical supplies, periodical disruption of electricity and water supplies, as wellas limited access to other basic services such as health and education.51. In Falluja, since early 2005, residents are required to carry special identity cardsissued by the MNF-I in order to have access to the town. It has been reported that longqueues are in place hampering the movement of people and goods. In Rutba, the MNF-Ireportedly conducted operations in early July which included the total blockade of thetown for approximately four days. Similar blockades continue to be imposed on the townintermittently.52. In Ramadi, where the insurgency continues to conduct a sustained campaign againstthe Government and the MNF-I, residents reported that insurgents murdered andintimidated civilians and used civilian homes as hideouts, therefore exposing theirinhabitants to MNF-I retaliation. There have been numerous insurgent attacks against thelocal civilian administration; Iraqi police and their families have been particularlytargeted. Sectarian violence has also caused the displacement of non-Sunnis from thetown while Sunni displaced persons have continued to arrive from other parts of thecountry.53. UNAMI has continued to receive reports of MNF-I involvement in incidents ofexcessive use of force and of restrictions imposed on the movement of the civilianpopulation, particularly in areas where military operations are ongoing. According toreports received from local residents and NGOs working in the area, during militaryoperations in Ramadi in early July, the MNF-I closed roads and imposed strict curfewswhich resulted in price increases and penury of supplies. The MNF-I has been accused ofallegedly using excessive force in civilian neighbourhoods through the use of targeted airstrikes which resulted in casualties, distress and displacement in areas directly affected bythe conflict. The MNF-I also was reported to have forcibly occupied civilian propertythat had been used by insurgents, even if this was done against the owners’ will. Forthese reasons, residents are also leaving homes close to houses used by the insurgents and/ or occupied subsequently by the MNF-I. On 5 July, the MNF-I occupied Al-RamadiSpecialized Hospital allegedly because it harboured “terrorists.” Following negotiationswith health officials in Al-Anbar, the MNF-I left the hospital on 13 July but maintainedan outdoor patrol.

54. The presence of MNF-I snipers on the roof of buildings reportedly often results inreduced mobility, increased fears and hardship for the population. On 28 August, it wasreported that snipers shot thirteen civilians for breach of the curfew, killing six andinjuring seven, in the district of Al-Eskan Al-Jadida in Ramadi.Minorities55. Ethnic and religious minorities continue to be victim of violent and extremist groups,legal discrimination, political and social exclusion. They continue to report an erosion oftheir rights of political participation and to express freely their culture and beliefs. TheSabean-Mandean minority, an indigenous group whose history in Iraq dates backthousands of years, has repeatedly expressed the fear that due to killings and emigrationtheir presence in Iraq is in danger of extinction. Inter-ethnic tensions and violenceremain high in Kirkuk, where a significant Turkoman population lives. Many Christianfamilies are continuing their migration to the Region of Kurdistan from Baghdad andNinewa. The Shabak community in Mosul and Ninewa plain continue to report beingsubject to violence and intimidation. Over one hundred of them have been reportedlykilled since the beginning of June 2006, and over a thousand families have moved tovillages outside Mosul. Members of the Shabak community living in villages of theNinewa plain reported harassment by Kurdish militias who would be asking residentsquestions regarding their affiliation and ethnicity. Members of the Baha’i faith continueto be subject to discrimination in the issuance of identity and travel documentation.Minorities continue to remain concerned regarding their possible politicalmarginalization as a result of the ongoing armed conflict. Representatives of mostcommunities have complained about the lack of sufficient recognition of minorities in theIraqi Constitution and are seeking further guarantees regarding their identity and politicalrepresentation in the upcoming constitutional review.Displacement56. As a result of ongoing violence, Iraqis continue to move to safer areas of Iraq or toleave the country in search of security. According to data collected by the UnitedNations, since the destruction of Al-Askari shrine in Samarra on 22 February 2006,which unleashed a wave of sectarian violence in the country, approximately 300,000individuals have been displaced from their residence and are now living in a different partof their own town or in another region. Tracing movements of displaced persons revealsthat all Governorates of Iraq have been affected, although to varying degrees, by inflowsand outflows of persons in search of greater security. Most Governorates have receiveddisplaced persons from Baghdad.57. According to the Kurdistan Regional Government, as many as 50,000 individualsfrom all sectors of society, religions and sects coming from the rest of Iraq may havesought refuge in the Region of Kurdistan, whose government has commendablywelcomed their arrival. The majority of the displaced are not in camps but manage tostay with relatives, acquaintances, in mosques or pubic buildings. Displaced persons faceincreased vulnerability because of their uprooting. Therefore, efforts should continue to

ensure that sanctuary is granted to civilians in need of protection while ensuring all theirhuman rights, including access to basic services such as health and education in their hostcommunities.Rule of LawDetention58. The conditions and the legality of detention in Iraq continue to warrant attention.According to the Ministry of Human Rights, as of 31 August 2006, there were a total of35,542 detainees. The table below demonstrates that, following a decrease in the periodMay-June 2006, there has been an increase in the number of detainees in July and August2006, particularly in the number of detainees held by the Ministry of Justice (+ 92 % withrespect to the end of June). This reflects the fact that increasing number of inmates havebeen transferred to the custody of MOJ from other detention authorities. The number ofdetainees in the Region of Kurdistan decreases compared to June (- 8%). Despite asignificant reduction in the number of detainees under the custody of the Ministry ofDefense (MOD), between July and August, the number of detainees under MODauthority increased comparing June and August (+ 2%). The number of detainees underthe jurisdiction of the Ministry of Labour and Social Affairs, who holds juveniles,increased slightly. The number of detainees under MNF-I custody grew both incomparison with the end of June (+ 8%) and of July. Of the 13,571 detainees in MNF-Icustody, 85 individuals were under United Kingdom custody while the rest was underUnited States authority. The number of detainees under the custody of the Ministry ofInterior decreased marginally compared to the previous reporting period.

Detention jurisdiction

MNF - I

MOJ

MOI

MOD

MOLSA

Total except KRG

Total in Kurdistan

May

14,9617,5284,727660282

28,158

1,448

June

12,6167,5284,346730487

25,707

2,147

July

13,0008,1453,787969497

26,398

1,980

August

13,57114,4274,331743490

33,562

1,980

% Difference end June /

end August

8%92%-0.1%2%1%31%-8%

population estimated at over 27 million. Furthermore, as reported above,4judges andjudicial personnel work under severe security conditions and many have been killed,attacked or threatened. UNAMI welcomes the announcement that 200 judges will beappointed shortly. They have been selected among 500 reputable lawyers who havepracticed law in Iraq for over ten years. Furthermore, 379 judges will graduate from theJudicial Institute next July 2007. The increase in the number of judges is expected tofacilitate processing a growing number of judicial cases and avoid impunity for majorhuman rights violations. On 30 May, a joint inspection led by the Deputy-Prime Ministerand MNF-I, in a prison known as “Site 4” revealed the existence of 1,431 detaineespresenting systematic evidence of physical and psychological abuses. Related to allegedabuses committed at “Site 4,” 52 arrest warrants have been issued against officials of theMinistry of Interior and are currently waiting to be served.61. The current absence of law and order combined with a range of exceptional measuresfrom the “state of emergency,” extended by the Council of Representatives for anadditional 30 days on 25 July, as well as continuous security sweeps, continue to swellthe number of detainees and overwhelm the judicial system.62. With the transfer of military command from the MNF-I to the Iraqi authorities, thepowers of detention of the Iraqi Army will be linked to the exceptional security measuresgranted by the “state of emergency.” It is imperative that the powers of arrest are strictlyutilized within the law.63. Plans for a forthcoming amnesty, as part of the National Reconciliation Planannounced by Prime Minister Nouri Al-Maliki on 25 June in an attempt to boost nationalreconciliation, are welcome. However, such amnesty shall not be applicable for warcrimes, crimes against humanity, and genocide. UNAMI believes that amnesty shouldnot be general and unconditional and should be limited in time and carefully worded.The process leading to any amnesty should be seen as transparent and fair and should beaccompanied by an awareness campaign meant to explain its purpose and applicability tothe general public so that it could really serve the purpose of national reconciliation.Torture64. UNAMI HRO has consistently documented the widespread use of torture in Iraq.This matter has regularly emerged as a major concern and has been widely acknowledgedas a major problem by Iraqi officials. Periodically, information has been received byHRO regarding the use of torture in detention centres. The bodies that regularly appearthroughout the country bear signs indicating that the victims have been brutally torturedbefore their extra-judicial execution.65. UNAMI HRO has received reports and documentation showing the type of tortureinflicted on detainees, particularly during interrogation. Detainees’ bodies show signs ofbeating using electrical cables, wounds in different parts of their bodies, including in thehead and genitals, broken bones of legs and hands, electric and cigarette burns. Bodies4

found at the Medico-legal Institute often bear signs of severe torture including acid-induced injuries and burns caused by chemical substances, missing skin, broken bones(back, hands and legs), missing eyes, missing teeth and wounds caused by power drills ornails. Individuals who escaped death in such incidents reported that saw others beingtortured to get information about their sect. For example, an individual reported that hewas beaten by members of a Sunni extremist group with electrical cables and iron bars tomake him confess the sect to which he belonged. The body of another man kidnapped byShi’a militias bore signs of facial mutilation, had fingers missing from his hands and hada significant perforation – presumably from a power drill – below his left shoulder.66. On 1 and 2 July, the UN Special Rapporteur on Torture, Mr. Manfred Nowak, metwith UNAMI HRO as well as with Iraqi NGOs in Amman and with victims of torturewho came from different regions of Iraq. Seventeen detailed cases, which had beensubmitted by victims and human rights organizations to UNAMI and supported bycomplete testimonies, pictures, appeals, official complaints and certificates, were handedover to the Special Rapporteur. On 2 July, Mr. Nowak held a video-conference withadditional Iraqi NGOs and representatives of the Ministry of Human Rights fromBaghdad. NGOs brought to the attention of the Special Rapporteur cases from prisonsrun by the Ministries of Interior and Defense and also allegations of torture in prisons runby militias or by the MNF-I. The nature of torture reported varies from excessive use offorce resulting in the death of inmates to single acts of punishment also related to riots.67. Iraqi NGOs expressed their frustration at the current situation and stressed the urgentneed for the UN and other international entities to intervene in order to prevent furtherhuman rights violations. NGOs expressed that their main concern remained the mandateof the Special Rapporteur and his authority to take effective and practical measures toaddress the situation in prisons all over Iraq, his ability to positively change the situationon the ground and his willingness to visit.68. The Special Rapporteur’s role is to examine torture cases in all countries, irrespectiveof whether they have ratified the Convention against Torture and other Cruel, Inhuman orDegrading Treatment or Punishment. However, fact finding missions can only beexecuted when the Special Rapporteur receives formal invitations from Governments.The Special Rapporteur has received many complaints and allegations of cases of torturefrom Iraq but unfortunately, to date, no formal invitation to visit Iraq has been extended.Mr. Manfred Nowak expressed his readiness to visit the country should an invitation beextended to him. UNAMI HRO strongly recommends that Iraq accedes to theConvention against Torture and other Cruel, Inhuman or Degrading Treatment orPunishment and that the Government of Iraq extends a formal invitation to SpecialRapporteur on TortureAl-Jadiriya Report69. The United Nations has continued to request that the Government of Iraq publish thefindings on the investigation on the illegal detention centre of “Al-Jadiriya,” also knownas the “bunker,” uncovered in Baghdad on 13 November 2005. Most recently on 19 July,

the UN High Commissioner for Human Rights wrote again to the Prime Minister statingthat “promptaction against impunity and the prosecution of those responsible for serioushuman rights violations will be crucially important in creating the conditions for effectivenational reconciliation and rule of law at this crucial point in Iraq’s history.”The HighCommissioner also reiterated the United Nations’ willingness to assist the Government ofIraq in addressing human rights concerns in detention facilities throughout the countryand in building up institutional capacity to resolve human rights challenges.70. As reported in the previous human rights bi-monthly,5UNAMI HRO has gatheredinformation to the effect that the Minister of Interior and senior Ministry of Interiorofficials knew of the use of the facility as a detention centre. Reportedly, the MNF-I wasaware of and had visited the bunker to treat detainees before 13 November 2005. Thejudiciary was also aware of the detention centre and the conditions of detainees with twojudges availablein situ,attached to the Special Investigative Directorate (SID), whichwas responsible for Al-Jadiryia on behalf of the Minister of Interior. Reportedly, SIDwould have been established in June 2005 under the leadership of the Deputy Minister ofIntelligence Affairs. There would have been 26 officers working in SID, which receiveddetainees from police stations and patrols, as well as Special Forces such as the PublicOrder Brigades, Intelligence, and Governorates police.71. On Sunday 13 November 2005, the MNF-I along with the Iraqi troops raided the“bunker” and found 168 detainees. Reportedly, the cleanliness and sanitation in thefacility was less than adequate; food was available but the living space was insufficient toaccommodate the number of detainees. The age of the detainees ranged from 15 to mid-60s. Many detainees claimed that the “bunker” was under the responsibility of the BaderOrganization; only some claimed that they have been arrested by individuals wearingmilitary uniforms and the vast majority asserted that they had been arrested atcheckpoints. In a few cases, the detainees claimed that they had been arrested as a formfor blackmailing a third person. Medical examinations would have revealed that 101 outof 168 inmates had been abused and presented wounds and signs of abuse consistent withelectric shocks, beatings and stabbing.72. Reportedly, according to statements of detainees, 18 other inmates died or were killedduring the detention; 14 of those deaths were confirmed by documentation of thewitnesses; 95 detainees were arrested according to a judicial warrant and their statementswere documented. Seventy-one defendants were arrested according to a judicial warrantbut their statements were not documented by the judges. Reportedly, the statements ofseven defendants were documented by an investigator only but their papers were notbrought before the judiciary.73. Despite repeated calls made to the Government of Iraq by the UN HighCommissioner for Human Rights and the Special Representative of the Secretary Generalin Iraq, to make the findings of the report public, those findings have not been publishedyet. The Iraqi Government should open a judicial investigation into human rightsviolations in Al-Jadiriya, starting with the personnel of the “bunker” and including the5

most senior officials. The publication of the Al-Jadiriya’s report, the establishment of aformal inquiry into this case and the prosecution of those found to be responsible forallegations of human rights violations, would serve the people and the Government ofIraq and provide a powerful signal that the country is firm in its commitment to establisha new system based on the respect of human rights and the rule of law.Allegations of human rights violations committed by the MNF-I74. On 9 July, the US Army stated that three soldiers on active duty had been chargedwith rape and murder and a fourth with dereliction of duty in connection with the rapingand killing of a young woman, and the killing of her mother, father and 5-year-oldbrother on 13 March 2006 near the town of Mahmoudiya. The main alleged suspect forthis crime has been already arrested in the United States and a sixth soldier was alsoreportedly charged in connection with this crime.75. This crime generated significant debate in Iraq among senior politicians and publicopinion regarding the existing provisions issued by the Coalition Provisional Authority(order 17) stipulating that Coalition Forces, diplomatic personnel and contractorsworking for Coalition Forces or for diplomats "shallbe immune from the Iraqi legalprocess."Article 32 of the US Military Code of Justice, requires a thorough andimpartial examination of the charges and evidence before the case may be referred to amartial court. In relation with the Mahmoudiya crimes, Article 32 proceedings started on6 August in Camp Victory in Baghdad. If convicted, the defendants could face the deathpenalty.76. On 7 July, the Commander of the MNF-I Corps (Operations) issued a statement inBaghdad declaring that an US Army internal inquiry concluded that senior Marineofficers were negligent when they failed to conduct thorough investigations into thekillings of 24 Iraqi civilians in Haditha on 19 November 2005. The case was reviewedby two US military inquiries and was handed over to a military prosecution team toexamine whether there is enough evidence to substantiate a case.77. Another two cases, one of four American soldiers accused of killing three Iraqis nearSamarra in May this year, and another against seven US Marines and a navy sailor for thekilling of a disabled man in Hamdaniyah on 26 April, were opened in early August in theUnited States of America.78. UNAMI HRO has raised a number of cases with the MNF-I, which has appointed afocal point to follow up on such cases and other related matters. UNAMI welcomes allinvestigations of violations of humanitarian and human rights lawIraqi Higher Tribunal (IHT)79. The closing arguments in the trial of Saddam Hussein and seven other co-defendantswere presented by defense lawyers on 10, 11, 24, 26 and 27 July. The privately-retaineddefense counsels boycotted the sessions protesting against the Court procedures and insolidarity with the defense lawyers killed since the beginning of the trial. The Presiding18

Judge mentioned that in accordance with Iraqi law, the proceedings would continue withcourt-appointed lawyers, whose names were not revealed and whose voices weredistorted for security reasons.80. Another procedural issue was the question regarding the obligation of the defendantsto be present in the courtroom during the closing statements. In accordance with Article145 and 158 of the Iraqi Criminal Procedural Code, defendants must appear in personexcept if they have violated the rules of the Court. On 26 July, Saddam Hussein claimedthat he had been forced to attend the session although the Court denied that this was thecase. Four defendants had been refusing meals since the evening of 7 July, but thePresiding Judge mentioned that, according to the medical report received by the Court,Saddam Hussein was deemed fit to attend the trial after resuming eating that same day.81. The statements of the court-appointed lawyers made reference to internationalhumanitarian law. The failure to establish individual responsibility was also widelyraised by the lawyers, bringing up numerous references to jurisprudence form theInternational Criminal Tribunal for the former Yugoslavia (ICTY) and the InternationalCriminal Tribunal for Rwanda (ICTR).82. The verdict in theDujail casewill be known on 16 October 2006. Internationalobservers monitoring the trial indicated a number of shortcomings in the institutionalfunctioning of the Court, including its inadequate administration and its reliance onanonymous witnesses, which has limited the defendants’ right to cross-examine witnessesand challenge their evidence. Furthermore, the security environment in Iraq has exposedlimitations in the provision of protection to defense lawyers.83. On 21 August, a second trial opened in Baghdad against Saddam Hussein and sixother co-defendants. They are charged with war crimes and crimes against humanity forthe “Anfal Campaign” in 1986-1987, which led to the killings of as many as 180,000Kurds in northern Iraq. Prosecutors said villages had been razed in aerial and artillerybombardments, including poison gas attacks; villagers were forced into camps and wereshot, tortured or raped. Saddam Hussein, who together with Ali-Hassan Al-Majid(“Chemical Ali”) is also charged with genocide, refused to enter a plea on charges ofgenocide and war crimes. The defense filed a motion against the legitimacy of the IraqiHigher Tribunal and claimed that the detainees were prisoners of war. On 22 and 23August, witnesses for the prosecution provided accounts on how planes and helicopterslaunched attacks over two Kurdish villages with chemical weapons that caused death andsevere injury to many persons including women and children. Other victims weredetained and subsequently disappeared.Region of Kurdistan84. While the Region of Kurdistan continues to enjoy relative tranquility and betterconditions of socio-economic development, specific human rights concerns remainregarding women’s rights6and freedom of expression. Demonstrations took place across6

towns in the Governorate of Sulaymaniya to protest against corruption of local officialsand to call for an improvement in the provision of basic services. Most of the protestswere peaceful, although some turned violent when groups of demonstrators attackedpublic buildings with stones. Some individuals had been apparently detained by theauthorities before the demonstrations started in an effort to prevent them; approximately200 persons were briefly detained following the demonstrations.85. On 27 July, workers of the Tasluja Cement Factory, on strike since early July, clashedwith private security guards while attempting to meet the establishment’s manager. Atleast 13 demonstrators were reportedly injured during the incidents. Kurdish mediareported that three Arab workers from the factory were killed, although UNAMI HROhas been unable to confirm the incident from official sources. On 9 August, in Kalardistrict, one demonstrator was killed and many injured, including several police officers,as a result of clashes between security forces and demonstrators. Following the incident,28 police officers were suspended from duty until an official investigation is completed.On 8 August, in the town of Darbandikhan, approximately 100 demonstrators weredetained during and following a similar demonstration. A journalist working for“Hawlati,” an independent news weekly which has reported in the past being victim ofpersecution by the authorities, was detained and later released. On 13 August, inSulaymaniya, a crowd estimated at 3,000 people demonstrated in front of the Governor’sOffice requesting improvement in the delivery of public services, an end to corruptionand more social justice. Twelve journalists covering the events, as well as dozens ofdemonstrators including women, were kept in overnight detention. In Dahuk, similardemonstrations took place on 12 August, which ended peacefully with no casualties ordetentions reported.Promotion of Human RightsHuman Rights Project for Iraq 2006-2007National Human Rights Commission and other Capacity-Building Activities86. UNAMI HRO continued to work for the establishment of a National Human RightsCommission in Iraq, as mandated by the Iraqi Constitution and in accordance withinternational standards. A draft law for the establishment of a National Human RightsCommission has been prepared and will soon be examined by the Council ofRepresentatives. In mid-July, several meetings were held between UNAMI HRO, theHuman Rights Committee of the Council of Representatives and the Ministry of HumanRights to discuss and finalize the draft law on the establishment of the Commission. Incooperation with the UN Office of the High Commissioner for Human Rights (OHCHR),UNAMI HRO sponsored and organized a five-day Human Rights Workshop for IraqiParliamentarians, from 7 to 11 August in Geneva, Switzerland. The workshop gathered12 members of the Human Rights Committee of the Council of Representatives forsessions on international human rights treaties and the treaty-body system, nationalhuman rights institutions, role of Parliaments in legislative reform, on the role of theHuman Rights Council and other international human rights mechanisms. The members

of the Human Rights Committee had also sessions at the Geneva based Inter-Parliamentary Union.87. It should also be noted that as a further consolidation of the rule of law in the country,in line with the Constitution and international standards, the Council of Representativesadopted on 25 July the Correctional Facilities Law.Thematic Working Group on Human Rights88. The second meeting of the Thematic Working Group on Human Rights within theUN Country Team was held, on 25 July, under the chairmanship of the Deputy SpecialRepresentative of the Secretary General for Development and Reconstruction, andHumanitarian Coordinator, Mr. Jean-Marie Fakhouri. The goal of this meting was tofacilitate information sharing on human rights and rule of law issues, to identify prioritiesand critical gaps in these areas as well as ensure a rights-based approach to programmescarried out by the UN Country Team.Rule of Law Sectoral Working Group (ROLSWG)89. On 10 July, HRO convened and chaired the second meeting of the Core group onhuman rights, part of the Rule of Law Sectoral Working Group, with the participation ofthe Ministry of Human Rights, the High Judicial Council, the European Commission aswell as the United States and United Kingdom’s Embassies. During the meeting, therepresentative of the Ministry of Human Rights explained the Ministry’s projects whiledonors outlined their commitments to assist in the promotion of human rights in Iraq.90. The core teams on the High Judicial Council (HJC) and Ministry of Justice, part ofthe Rule of Law Sectoral Working Group, met in Baghdad on 11 July and 23 Julyrespectively. The first team reviewed new proposals of the HJC to improve theinvestigative capacity of the judiciary; the second reviewed the priorities of the Ministryof Justice and discussed implementation plans. UNAMI HRO is preparing to implementspecific projects in support of the Ministry of Human Rights and the judiciary foreseen inthe Human Rights Programme for Iraq developed by UNAMI HRO and OHCHR.Transitional justice91. On 22 and 23 July, UNAMI HRO, OHCHR and the International Centre forTransitional Justice (ICTJ), in partnership with the Ministry of Human Rights, organizeda meeting on transitional justice in Iraq in order to review initiatives underway and tomap out possible future steps. The overall goal of the meeting was also to support theimplementation of the Prime Minister’s National Reconciliation Plan. The transitionaljustice meeting coincided with discussions on the establishment of the Higher Committeefor Reconciliation and National Dialogue held on 22 July. The meeting was opened bythe President of the Council of Representatives and attended by the Minister of HumanRights, the Minister for National Reconciliation and the National Security Advisor.During the working group sessions of the second day, most participants identified

transitional justice mechanisms as a key component of the national reconciliation plan.They acknowledged that current mechanisms are incomplete or not functioning properlyand requested more support from the United Nations to find an “Iraqi way” in connectionto transitional justice. Members of the Council of Representatives, ministries, civilsociety and political parties also participated in the meeting.92. The first day focused on international legal standards and best practices, a review ofvarious transitional justice mechanisms applied in Iraq, such as the Iraqi Higher CriminalTribunal, the Iraqi Central Criminal Court, the De-Baathification Commission, theProperty Claims Commission and other reparation mechanisms. The question of missingand disappeared persons was discussed at length. During the working group sessionsorganized on the second day, participants discussed key transitional justice tools: vetting,prosecution, truth-seeking / reconciliation processes and reparation. The groups,composed and chaired by Iraqi participants, generated in depth discussions and arrived atspecific recommendations, among them: that any constitutional reform on de-baathification should be led by the Council of Representatives; the establishment of ahigh-level committee to issue recommendations on prosecutions and amnesty; theestablishment of a truth-telling committee; activation of the process of reparation throughthe formation of a Ministerial Committee to coordinate the work of the recently createdassociations of Martyrs and Political Prisoners. Those deliberations have highlighted theneed to address both past grievances and the current human rights violations in Iraq, inorder to create the conditions for true dialogue. It also emerged that although severalinitiatives regarding transitional justice have been undertaken since 2003, they had lackedcoherence, consultation with the population and political support.93. This meeting, therefore, constitutes a first step towards the definition of a transitionaljustice strategy for Iraq. Further discussions will be necessary to identify the bestmechanisms for Iraq taking into account its specificity and the ongoing violence. It wasclearly expressed that the pre-requisite for success in any transitional justice strategy wasthe carrying out of consultations with civil society and victims’ organizations. Amongthe follow up actions resulting from the meeting, UNAMI HRO agreed to produce forwide distribution a paper reflecting international best practices in terms of amnesty laws.

July 2006

Total killed

August 2006

Total

Killed

July 2006

August 2006

Total wounded

(Women 234)

(Children 72)

(Women 256)

(Children 90)

Detention jurisdiction

MNF - I

MOJ

MOI

MOD

MOLSA

Total except KRG

Total in Kurdistan

May

28,158

1,448

June

25,707

2,147

July

26,398

1,980

August

33,562

1,980

% Difference end June /

end August