Universal Jurisdiction Mapping of Cases in France
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Iraq

Torture of French jihadists imprisoned in Iraq

Type of liability
Personne physique

Alleged perpetrator(s)
X

Nationality of alleged perpetrator(s)
X

Legal classification of crime(s)
Torture and acts of barbarity

Source of the complaint
Victims

Ongoing proceedings
oui

Regime
4 - 113 CP

Summary of facts

After the fall of the Islamic State (IS) organization, eleven French jihadists had been sentenced to death by hanging in June 2019 in Iraq. On May 30, 2023, the Iraqi judiciary commuted this sentence to life imprisonment. They are reportedly being held in inhumane conditions and subjected to torture. All of them wish to serve their sentences in France. Indeed, all eleven are subject to arrest warrants for terrorist criminal conspiracy, according to the PNAT.

Amnesty International France recalls that everyone is presumed innocent until proven guilty according to law.

Legal proceedings

<p><span style="text-decoration: underline;><strong>Brahim N. and Vianney O.<br />
</strong></span>September 2020: Brahim N. and Vianney O., French jihadists detained in Iraq, file a complaint with civil party application with the Paris Judicial Court. The judicial authorities decide not to investigate; the civil parties appeal.<br />
December 2023: a judicial investigation is opened for torture, inhuman and degrading punishment and treatment, and arbitrary detention.</p>
<p>**<br />
4 other detainees have also filed complaints</p>

Complaint

non

Names of NGOs / Victim(s)

Brahim N. and Vianney O.

Legal basis for jurisdiction (article)

113-7 CCP

Sources

Le Figaro, "Irak : enquête ouverte pour tortures sur des djihadistes français, qui veulent purger leur peine en France", 2024