Iraq’s jails buckle under overcrowding as amnesty law frees thousands

Iraq’s prison system is under severe strain, operating at more than double its capacity, as a newly enacted general amnesty law results in the release of thousands of inmates, Justice Minister Khaled Shwani has said.

The country’s 30 official prisons, excluding those in the Kurdistan Region, currently house around 67,000 detainees despite being built to accommodate just half that number. Thousands more remain in the custody of security agencies awaiting transfer. “When we took office, overcrowding stood at 300%,” Shwani told the AP. “After two years of reform, we’ve reduced it to 200%. Our goal is to bring that down to 100% by next year.”

The general amnesty law, passed in January and in effect since mid-February, has already led to the release of more than 2,500 prisoners. Proposed by Sunni lawmakers, the law was a condition for joining Iraq’s ruling State Administration Coalition. It includes amendments to the definition of affiliation with terrorist groups—a provision Sunnis argue has led to the disproportionate imprisonment of their community since 2003.

While Shwani said a committee is reviewing cases to identify eligible inmates, critics, including the Iraqi Observatory for Human Rights, warn the law could enable the release of those guilty of corruption, embezzlement, or war crimes.

To ease overcrowding, Iraq is building four new prisons and has opened two others, with six existing sites expanded and three closed due to poor conditions. Shwani said executions have been halted pending case reviews under the amnesty, and that violations against inmates are being investigated.

The justice system also holds 1,600 foreign nationals, mostly convicted on terrorism charges, with repatriation talks ongoing with several countries. Recent returns include 127 Iranian inmates, while an Iranian convicted in the 2022 killing of an American in Baghdad remains in custody.

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