By Ezidi 24
The teams of the Eyzidi organization for Documentation, and the Shlomo Organization for Documentation, which are working on Monitor and Document human rights violations, in Particular international Crimes Committed on Iraqi territory, such as genocide, war crimes and crimes against humanity, have documented cases of judicial adjudication final on criminals who have committed heinous crimes against unarmed citizens, whether Iraqis or foreigners who have been arrested by Iraqi forces or who have been handed over to the Iraqi authorities, these judicial rulings have been legally adapted in accordance with the Anti-Terrorism Act No. 13 of 2005. And its amendments, which consider those crimes to be terrorist offences .
As our working groups have observed, trials are conducted in conditions that are far from being heard as a human right and fair to the justice of the victims of (ISIL).
The absence of victims from ongoing trials impedes access to the truth and exposes all the circumstances of the crimes committed, which is negatively affected by the creation of appropriate conditions for any investigations into international crimes committed on Iraqi territory and against unarmed Iraqi citizens.
Our teams have also monitored the receipt and extradition of the alleged perpetrators of crimes and heinous violations by the Iraqi and Kurdistan authorities during their accession to the so-called Islamic State of Iraq and the Levant (ISIL) without revealing the truth of the going on and reassure of the victims and their families to comply with clear procedures adopted International standards in guaranteeing the rights of victims of such crimes and grave breaches.
Hence, we express our fears and concerns about what is being done, in the absence of the participation of the victims and their violations of the measures taken and the international treaties and agreements guarantee their full rights with regard to reparations, fair compensation, rehabilitation and other justice procedures.
We therefore call for the following:
1. To engage and listen to victims during ongoing trials and to communicate with them until the facts are disclosed and the testimonies and testimonies are kept, which are an essential part of the transitional justice system.
2. We call on the government authorities not to rush to prosecute them and to make final judgements that the anti-terrorism law does not cover all aspects of such crimes as international crimes for which there is no characterization in Iraqi criminal law, and therefore persons may not be prosecuted twice in the event of a court Competent international or hybrid national and international Mixed Court, following the completion of the work of the Unitad Group (UNITAD(United Nations Investigative Team to Promote Accountability for Crimes
Committed By Da’esh/ISIL) on the basis of Security Council resolution 2379.
3. We also call on the Iraqi authorities not to extradite the accused foreigners to the authorities of their countries until the facts have been revealed for the crimes they committed against the unarmed Iraqi citizens, until the Iraqi actions are integrated in accordance with international procedures and the preservation, documentation and protection of their evidence and confessions as clear evidence of the occurrence of genocide, war crime and crime against humanity, as well as the fact that Iraq is important part of the international system and has on more than one occasion declared its acceptance of international cooperation in prosecuting the perpetrators of serious crimes in Iraq.