The Rights of Inmates and Detainees to lodge a Complaint under Iraqi Law

Abstract

The right to file complaints is a fundamental legal mechanism for protecting the dignity and humanity of inmates and detainees during the execution of sentences in correctional institutions. This right has received significant attention in many national laws and is enshrined in several international conventions and standards on the treatment of inmates and detainees. Under Iraqi law, inmates or detainees are permitted to submit their complaints, either in writing or orally, to the competent authorities if they are subjected to ill-treatment or any conduct that undermines their human dignity within correctional institutions. This is done within procedures that ensure confidentiality, safety, and protection from threats or retaliation.

Therefore, this study addresses the shortcomings that may affect the legal provisions regulating the right to file complaints for inmates, detainees, and persons held in custody during the execution of penalties within correctional institutions in Iraq and the Kurdistan Region. Although a legal framework exists that defines the procedures for submitting complaints and the authorities responsible for considering them, the practical implementation of these provisions still faces some deficiencies, which may limit the effectiveness of this right in providing actual protection for the rights of inmates and detainees.