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Iraq retains the death penalty for a broad range of crimes – not all of which can be considered most serious crimes as required under international human rights law. Since 2005 to date according to UNAMI monitoring, 675 executions have been carried out; 60 up until 31 August in 2014. Most of those executed were convicted for acts of terrorism, which is of concern given the broad definition of terrorism in the relevant law. Furthermore, persistent and serious flaws remain in the administration of criminal justice system, notably evidenced by the number of violations of due process and fair trial rights as guaranteed by Iraq’s obligations under international human rights law and the Constitution of Iraq. The use of the death penalty in these circumstances present significant risks of grievous and irreversible miscarriages of justice whereby innocent people may be executed for crimes they did not commit. The use of the death penalty in these circumstances constitutes a violation of the right to life as guaranteed by international human rights law and the Constitution of Iraq, and may amount to cruel, inhuman or degrading treatment or punishment. UNAMI recognizes the difficulties faced by the Government and people of Iraq, notably the security situation faced by the country and the ever increasing death, injury and destruction suffered by the Iraqi people on a daily basis from acts of armed violence and terrorism. However, in order to address this situation in the long term, it is necessary to ensure that human rights are respected and protected at all times as the cornerstones of a society and state based on rule of law. UNAMI has strongly advocated that implementing the death penalty has no measurable deterrent effect on levels of insurgent and terrorist violence or on the levels of civilian casualties. A simple consideration of the numbers of civilian casualties each year since 2008 shows that, as the numbers of those executed have increased, so, too, has the number of civilian casualties who die from the actions of terrorist and armed groups. Far from having a deterrent effect, it would seem that the implementation of the death penalty is merely reactive to increasing violence. Given the weaknesses of the criminal justice system in Iraq, executing individuals whose guilt may be questionable merely compounds the sense of injustice and alienation among certain sectors of the population, which in turn serves as one of the contributing factors that is exploited by extremists to fuel the violence. The Government of Iraq urgently needs to develop and implement policies that address the conditions

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Iraq retains the death penalty for a broad range of crimes not all of which can be considered most serious crimes as required under international human rights law. Since 2005 to date according to UNAMI monitoring, 675 executions have been carried out; 60 up until 31 August in 2014. Most of those executed were convicted for acts of terrorism, which is of concern given the broad definition of terrorism in the relevant law. Furthermore, persistent and serious flaws remain in the administration of criminal justice system, notably evidenced by the number of violations of due process and fair trial rights as guaranteed by Iraqs obligations under international human rights law and the Constitution of Iraq. The use of the death penalty in these circumstances present significant risks of grievous and irreversible miscarriages of justice whereby innocent people may be executed for crimes they did not commit. The use of the death penalty in these circumstances constitutes a violation of the right to life as guaranteed by international human rights law and the Constitution of Iraq, and may amount to cruel, inhuman or degrading treatment or punishment. UNAMI recognizes the difficulties faced by the Government and people of Iraq, notably the security situation faced by the country and the ever increasing death, injury and destruction suffered by the Iraqi people on a daily basis from acts of armed violence and terrorism. However, in order to address this situation in the long term, it is necessary to ensure that human rights are respected and protected at all times as the cornerstones of a society and state based on rule of law. UNAMI has strongly advocated that implementing the death penalty has no measurable deterrent effect on levels of insurgent and terrorist violence or on the levels of civilian casualties. A simple consideration of the numbers of civilian casualties each year since 2008 shows that, as the numbers of those executed have increased, so, too, has the number of civilian casualties who die from the actions of terrorist and armed groups. Far from having a deterrent effect, it would seem that the implementation of the death penalty is merely reactive to increasing violence. Given the weaknesses of the criminal justice system in Iraq, executing individuals whose guilt may be questionable merely compounds the sense of injustice and alienation among certain sectors of the population, which in turn serves as one of the contributing factors that is exploited by extremists to fuel the violence. The Government of Iraq urgently needs to develop and implement policies that address the conditions conducive to armed violence and terrorism, but which reinforce the rule of law and that promote the respect and protection of human rights. These should include re-engaging affected communities in policies and decision-making related to their protection, ensuring actual protection by impartial State security forces from insurgent and terrorist activities, committing more resources to enhancing the forensic and investigatory capacities of police and security force members to investigate crimes, and reform of the criminal justice system, including amendment of the Anti-Terrorism Law no. 13 of 2005 to ensure its full compliance with due process and fair trial standards, and to promote access to justice by victims and accused alike.