Baghdad has launched legal and diplomatic efforts to transfer around 6,000 foreign ISIS detainees and convicts to their home countries. However, Iraqi authorities will exclude prisoners serving death sentences from the proposed transfers.
Iraq’s Justice Ministry said it has begun coordinating with diplomatic missions from 61 Arab and foreign countries. The ministry aims to activate existing agreements and establish new arrangements for prisoner transfers.
Murad al-Saadi, a spokesperson for the ministry, said the government continues discussions with foreign diplomatic representatives. He explained that prison overcrowding remains the main reason behind the initiative.
According to al-Saadi, Iraq’s prisons face immense pressure because of their growing inmate populations. Therefore, transferring eligible prisoners could significantly reduce the burden on the country’s correctional facilities.
The initiative comes during a difficult period for Iraq’s economy. Baghdad has faced increasing financial pressure amid the wider regional conflict involving the United States, Israel, and Iran.
Moreover, disruptions affecting Iraq’s oil exports have created additional economic challenges. The resulting financial pressure has also complicated the government’s ability to meet major public spending commitments.
In February, Iraq’s Supreme Judicial Council confirmed receiving 5,704 suspected ISIS members from Syria. The detainees represented 61 different nationalities.
The transfer formed part of a US-led operation that moved suspected ISIS members into Iraqi custody. Among those transferred, 983 held European, Australian, or American citizenship.
Al-Saadi said Syrian nationals currently represent the largest group eligible for repatriation. Prisoners from Morocco, Tunisia, and Turkey also make up significant numbers.
Additionally, the list includes citizens from the United States, Canada, and Russia. Iraqi authorities now hope their respective governments will cooperate with the transfer process.
Karkh Central Prison in Baghdad will serve as the main assembly point for the prisoners. Authorities will gather eligible inmates there before completing the required transfer procedures.
The foreign ISIS detainees remain subject to Iraq’s legal system until authorities complete the repatriation process. Iraq relies on its 2005 anti-terrorism law to prosecute suspected ISIS members.
The legislation allows courts to impose severe penalties for membership in terrorist organizations. These penalties can include the death sentence under specific circumstances.
However, Iraq’s handling of ISIS-related cases has previously faced criticism from international rights organizations. Concerns have focused on trial procedures and allegations involving forced confessions.
Some rights groups have argued that certain trials moved too quickly. They have also raised concerns about whether defendants received adequate legal protections.
According to previous estimates, thousands of ISIS-linked prisoners remain on death row in Iraq. Those serving death sentences will not form part of the current transfer initiative.
Nevertheless, Baghdad hopes international cooperation will help accelerate the process for eligible prisoners. The effort could reduce overcrowding while returning foreign ISIS detainees to their countries of citizenship.
The planned transfers now depend on legal agreements and continued coordination between Iraq and the 61 involved countries.
