Justice minister: foreign ISIS detainees to be tried in Iraqi courts

BAGHDAD — Iraq will prosecute thousands of Islamic State detainees recently transferred from Syria under Iraqi law, including foreign nationals, Justice Minister Khaled Shwani said, adding that countries opposed to the death penalty can request the return of their citizens for trial abroad.

In remarks during an interview with AlSharqiya TV, Shwani said Iraqi law applies to all ISIS members, regardless of nationality, and that Iraqi courts may issue death sentences in accordance with domestic legislation.

“If a state is keen that this terrorist not be tried under Iraqi rulings, we are ready to sign memoranda of understanding to return these elements to their original countries, and the United States supports us in this context,” Shwani said.

He said the United States, as a member of the international coalition against ISIS, agreed to bear the financial costs of transferring, receiving and detaining the prisoners, as well as equipment and prison facility improvements. The Ministry of Justice has sent a detailed budget to the coalition, he added.

Shwani said investigations will proceed under Iraqi law, beginning with security agencies before referral to the judiciary.

He described the transfer of detainees from Syria as a sovereign Iraqi decision aimed at protecting national security, citing concerns over potential prison breaches or escapes in Syria.

Shwani said Baghdad Central Prison, which normally holds 5,000 inmates, was fully cleared to receive the transferred detainees. Iraqi prisoners were relocated to other facilities to prevent mixing with what he described as “first-tier leaders” of ISIS classified as high-risk inmates.

ISIS, which seized large parts of Iraq in 2014 before being territorially defeated, remains subject to prosecution under Iraq’s anti-terrorism law, which criminalizes membership in the organization.

Iraq is holding 5,703 detainees transferred from Syria, representing more than 60 nationalities. The total includes 467 Iraqis, 3,543 Syrians and 983 non-Arab foreigners, according to Justice Ministry spokesperson Mohammed Laibi. All are being held pending investigation and trial under Iraqi law.

Iraq’s National Security Council said Sunday that the detainees will not remain in Iraq permanently and that the government is working to return them to their home countries after legal procedures are completed. On Tuesday, the Justice Ministry said Turkish nationals among the detainees would be prosecuted under Iraqi law before a possible transfer to Turkey under a 1990s bilateral agreement