2.2.3 The General Amnesty Law

2.2.3 The General Amnesty Law

The General Amnesty Law provides for the reopening of investigations and trials reportedly based on confessions obtained under torture, evidence from anonymous informants, or confessions provided by third parties, and extends its applicability to crimes committed up to January 2025.512 The legislation was strongly backed by Sunni lawmakers, many of whom have long argued that anti-terrorism laws disproportionately targeted Sunni communities in the years after Iraq’s clampdown on ISIL.513 It is also expected to relieve severe prison overcrowding, with facilities holding 67 000 inmates despite a capacity of 25 000.514 In addition, the amendment expands the list of terrorist offences that are explicitly excluded from amnesty, including crimes of incitement, assistance or recruitment that were committed before 10 June 2014.515 The change could enable retrials for an estimated 30 000 Sunni detainees. The law applies to both convicted individuals and those under investigation or trial and allows for the review of death sentences.516 The Amnesty law sparked criticism among Yazidi community, which feared that provisions would allow perpetrators of genocide targeting Yazidis in Sinjar and other areas to escape justice.517 Additionally, concerns were raised over the potential misapplication of the law for those accused of corruption.518 (See section 2.3 on Ethnic religious minorities).