Iraq's justice minister says prisons are at double their capacity as
amnesty law takes effect
[May 05, 2025]
By QASSIM ABDUL-ZAHRA
BAGHDAD (AP) — As a general amnesty law takes effect in Iraq, the
country's prisons are facing a crisis of overcrowding, housing more than
double their intended capacity, the country's justice minister said in
an interview.
Justice Minister Khaled Shwani told The Associated Press on Saturday
that Iraq's 31 prisons currently hold approximately 65,000 inmates,
despite the system being built to accommodate only half that number.
He acknowledged that the overcrowding has put a severe strain on prison
healthcare and human rights standards.
“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.”
Thousands more detainees remain in the custody of security agencies but
have not yet been transferred to the Ministry of Justice due to lack of
prison capacity. Four new prisons are under construction, Shwani said,
while three have been closed in recent years. Two others have been
opened and six existing prisons expanded.
The general amnesty law passed in January had strong support from Sunni
lawmakers who argue that their community has been disproportionately
targeted by terrorism charges, with confessions sometimes extracted
under torture.
But opponents say the law would allow the release of people involved in
public corruption and embezzlement as well as militants who committed
war crimes.

The Iraqi Observatory for Human Rights, a watchdog group, said in a
statement that “the current version of the general amnesty law raises
deep concerns over its potential legal and security consequences.”'
Shwani said 2,118 prisoners have been released from the justice
ministry's prisons since the amnesty law took effect, while others had
been released from the custody of security agencies before being
transferred to the Ministry of Justice.
“We have a committee studying the status of inmates and identifying
those who may qualify for release, but the vision is not yet final,” he
said. The minister said he expects a “good number” to be released but
“cannot specify an exact percentage until we receive clarity from the
judiciary on who qualifies for the amnesty.”
Iraq’s prisons house hundreds of foreign nationals, most of them
convicted of terrorism-related charges or affiliation with the al-Qaida
and Islamic State militant groups.
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Iraqi Justice Minister Khaled Shwani speaks during an interview with
The Associated Press in Baghdad, Iraq, Saturday, May 3, 2025. (AP
Photo/Hadi Mizban)

The inmates hail from countries including Kyrgyzstan, Kazakhstan,
Azerbaijan, Turkey, Egypt, North African nations, and several
European states, as well as a handful of U.S. citizens. Shwani said
discussions are underway with several governments to repatriate
their citizens, excluding those sentenced to death.
He said inmates have been repatriated under existing agreements with
Iran, Turkey, and the United Kingdom, including 127 Iranian inmates
who were recently transferred back to Tehran.
An Iranian who was convicted in the 2022 killing of a U.S. citizen
in Baghdad remains in custody, however, Shwani said.
Stephen Edward Troell, 45, a native of Tennessee, was fatally shot
in his car in November by assailants as he pulled up to the street
where he lived in Baghdad’s central Karrada district with his
family. Iranian citizen Mohammed Ali Ridha was convicted in the
killing, along with four Iraqis, in what was described as a
kidnapping gone wrong.
All executions have been halted following the issuance of the
general amnesty law, Shwani said.
Iraq has faced criticism from human rights groups over its
application of the death penalty and particularly over mass
executions carried out without prior notice to lawyers or family
members of the prisoners.
Shwani pushed back against the criticisms of prison conditions and
of the executions.
“There are strict measures in place for any violations committed
against inmates,” he said. “Many employees have been referred for
investigation, dismissed, and prosecuted.”
He insisted that the “number of executions carried out is limited —
not as high as reported in the media” and said the death penalty is
only applied in “crimes that severely threaten national security and
public safety," including inmates convicted in a 2016 bombing attack
in Baghdad's Karrada district that killed hundreds of people, as
well as cases of child rape and high-ranking IS leaders.
Executions have been paused to reassess cases under the new amnesty
law, he said.
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