Iraq’s Supreme Judicial Council has decided to handle, on a country-by-country basis, the cases of detainees suspected of belonging to the “Islamic State” group who were transferred from Syria, in accordance with bilateral agreements between Iraq and the countries of which the detainees are nationals.

The Iraqi News Agency (INA) reported today, Wednesday, September 9, that the decision was based on Iraqi laws and the principle of reciprocity. It added that the decision also included an agreement for the National Center for International Judicial Cooperation to examine any initiative or proposal submitted by those countries or international organizations to provide aid and assistance to Iraq in connection with the case.

The agency added that the decision came during a council meeting aimed at establishing a unified approach in Iraq to the cases of foreign detainees and convicts transferred from Syria, following the completion of the investigation and interrogation stage and the transition to the trial stage.

The agency said the meeting was chaired by Supreme Judicial Council President Judge Faiq Zidan and attended by Justice Minister Khaled Shwani, along with several other Iraqi officials from the security, military, political, and judicial sectors.

Iraq’s Karkh First Investigation Court had completed the interrogation stage in the cases of 5,704 prisoners accused of belonging to the “Islamic State” group who were transferred from northeastern Syria.

INA reported on September 1 that the court would proceed to the next step, referring them to the competent trial court based on the evidence available in each defendant’s case.

The agency added that the investigations showed the cases involved 67 nationalities, including 16 Arab nationalities, 19 nationalities from European Union countries, and 32 other foreign nationalities. The detainees include 3,497 Syrians and 474 Iraqis.

The Iraqi judiciary, meanwhile, said the investigations confirmed that evidence had not been established in some cases, resulting in the release and handover of one Finnish detainee and one American detainee to their respective countries, as well as the release of seven Iraqi detainees.

It added that authorities are continuing the necessary procedures to release 457 Syrian detainees against whom no evidence was established that would justify continuing judicial proceedings, in preparation for handing them over to the Syrian side.

Iraqi Procedures to Transfer Detainees

Iraq’s Ministry of Justice has activated diplomatic procedures to transfer about 6,000 inmates of 61 nationalities to their countries so they can complete their prison sentences there, excluding those sentenced to death.

Iraqi Justice Ministry spokesperson Ahmed Luaibi said in statements carried by Iraqi media on August 23 that the ministry was working with the relevant authorities to open communication channels with the inmates’ countries, with the aim of concluding agreements and memoranda of understanding allowing them to be transferred home to complete their sentences.

Luaibi explained that transfers could take place under the principle of reciprocity or through new agreements and memoranda of understanding between Iraq and the countries concerned. He added that the ministry had obtained a decision from Iraq’s National Security Council authorizing it to pursue this course within legal and diplomatic frameworks.

Iraq’s announcement that it was moving to transfer foreign inmates came days after Supreme Judicial Council President Faiq Zidan visited Damascus on August 13 and met Syrian officials, including President Ahmed al-Sharaa and Justice Minister Mazhar al-Wais.

INA said at the time that the visit was intended to discuss several issues of mutual concern, most notably “the case of ‘Islamic State’ detainees who were transferred to Iraqi prisons.”