As amnesty law takes effect in Iraq, justice minister says prisons overcrowded at twice their capacity

Indian Express

05-05-2025

Iraq's justice system is grappling with a crisis of overcrowding, with its prisons currently operating at double their intended capacity, Justice Minister Khaled Shwani told The Associated Press. The strain comes just as a newly enacted general amnesty law begins to take effect across the country.
According to Shwani, Iraq's 31 prisons are housing around 65,000 inmates—more than twice the number they were designed to hold.
'When we took office, overcrowding stood at 300%,' he said. 'After two years of reform, we've reduced it to 200%. Our goal is to bring that down to 100% by next year in line with international standards.'
Amnesty law
The general amnesty law, passed in January, has already resulted in the release of over 2,100 prisoners held under the Ministry of Justice. The law has been championed by Sunni lawmakers, many of whom argue that their communities have been disproportionately prosecuted under anti-terrorism legislation—often based on coerced confessions.
'We have a committee studying the status of inmates and identifying those who may qualify for release, but the vision is not yet final,' Shwani said. He added that while a 'good number' of prisoners may be eligible, final decisions will depend on clarification from the judiciary.
However, the law has drawn criticism from human rights groups and political opponents who warn that it could allow the release of individuals involved in corruption, embezzlement, or even war crimes. In a recent statement, the Iraqi Observatory for Human Rights expressed deep concerns over its potential legal and security consequences.
Pressure on infrastructure, reforms underway
Shwani acknowledged that the prison infrastructure is under serious strain. Beyond those already in prison, thousands more remain in custody with security agencies, awaiting transfer.
To alleviate the pressure, Iraq is currently building four new prisons. Meanwhile, two new facilities have been opened and six others expanded, though three have been closed in recent years due to poor conditions.
Repatriation of foreign inmates
Iraq's prisons also house hundreds of foreign nationals—many convicted of terrorism-related offences or affiliation with extremist groups like al-Qaida and the Islamic State. The detainees come from countries including Turkey, Egypt, Kazakhstan, Kyrgyzstan, and several European nations, as well as a few from the United States.
Shwani confirmed that talks are underway with multiple governments to repatriate their citizens—except in cases where individuals have received death sentences.
Under existing agreements, Iraq has already transferred inmates from Iran, Turkey, and the United Kingdom back to their countries.
In light of the amnesty law, Iraq has paused all executions while it reviews individual cases. The country has faced persistent criticism for its use of the death penalty, especially following reports of mass executions carried out without advance notice to lawyers or families.