ERBIL, Kurdistan Region - Iraq will take in all Islamic State (ISIS) prisoners from Syria by Thursday, holding them in high-security prisons as they await repatriation or charges under Iraqi law, Justice Minister Khaled Shwani has told Rudaw.
The US military announced the transfer of 7,000 ISIS detainees to Iraq from prisons controlled by the Kurdish-led Syrian Democratic Forces (SDF) in former ISIS strongholds until last month. Iraq agreed to take the detainees after former ISIS members broke out of prisons as the SDF came under attack by Syrian government forces and allied armed groups, raising international fears of a regional and global security crisis.
While Shwani did not identify the prisoners or figures, Iraqi Joint Operations Command data obtained by Rudaw showed that nearly 5,000 were transferred to Iraq as of Wednesday. Shwani said they include "extremely dangerous" senior ISIS leaders.
Shwani said the prisoners are from 60 countries and the majority are Syrian nationals. They will be repatriated or charged under Iraqi law if they committed crimes in Iraq or targeted Iraqis, he said, and will not be detained in the Kurdistan Region.
The detainees include 165 Turks, far lower than the 2,500 that was reported, he said. Shwani said Baghdad is “in constant contact” with Ankara, which has “initially expressed their willingness to repatriate their citizens.”
Iraq has created a domestic security team to oversee the transfer and a Minister of Interior intelligence division will lead on investigations, he said. The US-led military Global Coalition against ISIS, which is based in both northeastern Syria and the Kurdistan Region, is carrying out and paying for the transfers from Syria, he said.
The following is Rudaw’s full interview with Shwani, which was conducted on Wednesday.
Rudaw: What are the latest developments on transferring ISIS detainees from Syria to Iraq?
Iraqi Justice Minister Khaled Shwani: All those scheduled to be transferred have been moved, with the final group expected to be completed today and tomorrow. They have all been placed in a prison in Baghdad. None will be transferred to the Kurdistan Region - either to Chamchamal or Susa - because they are considered terrorists, and the Susa and Chamchamal prisons are designated for criminal and civilian prisoners. These detainees come from more than 60 countries, the majority of whom are Syrian, in addition to other country nationals. As mentioned, this brings the total to 60. The international coalition forces [the Global Coalition against ISIS] are paying for their transfer and detention.
A security team has been created to oversee their transfer and handover to the Ministry of Justice, and all its members are Iraqi. On the Syrian side, the American forces - the international coalition - are responsible for carrying out the operation. A technical team has also been created to investigate them, headed by the Ministry of Interior’s Federal Intelligence and Investigations Agency.
Furthermore, a specialized judicial team has been created to investigate [detainees], prepare their case files, and classify their charges under the counter-terrorism law and the Iraqi penal code in preparation for their trials. Our diplomatic efforts are also ongoing through the Foreign Affairs Ministry and the intelligence service. We are requesting that countries - in cooperation with the international coalition, which is demonstrating significant cooperation - repatriate their citizens detained in Iraq. So all aspects of the process are proceeding smoothly.
How will non-Iraqis be tried under Iraqi law?
The Iraqi counter-terrorism law clearly states that anyone belonging to terrorist organizations is subject to punishment. ISIS is considered an international terrorist organization that carried out terrorist activities within Iraq. There's no need to elaborate on what ISIS did in Iraq; everyone knows. Therefore, according to Iraqi law, ISIS membership is itself a crime punishable by life imprisonment under the counter-terrorism Law and related criminal laws.
What is happening with Turkey's request to repatriate its detained citizens?
Some reports have claimed 2,500 are from Turkey, which is incorrect. The actual number is only 165 people, and we don't yet know whether the next group will include Turks or not. We are in constant contact with the Turkish side and are holding talks with them. They have initially expressed their willingness to repatriate their citizens - with procedures completed after the investigations are finished, of course.
The extradition process is contingent on these individuals not having committed crimes within Iraq or targeting Iraqis. If no such charges exist, then yes, they will be extradited - not only to Turkey, but to all countries they belong to.
How many have arrived so far? And who are the most prominent ISIS leaders’ names?
We cannot mention specific names, but some of those who arrived are in the top ranks of ISIS, including emirs and individuals we classify as "extremely dangerous." They have been placed in a high-security prison here, with very strict security measures in place.