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Human rights groups criticize Iraq decision making Yazidi sexual violence survivors file criminal complaints to receive reparations – JURIST

A group of NGOs including Human Rights Watch (HRW) and Amnesty International Friday released a joint statement criticizing the Iraqi government’s decision to require applicants for reparations under the Yazidi Survivors Law to file a criminal complaint.The law was passed in March 2021 to provide reparations and welfare support to female survivors of ISIS captivity and conflict-related sexual violence. Those affected were women and girls from the Yazidi community as well as other minority groups.The human rights groups claim that if the applicants have to file criminal complaints, judicial mechanisms will be “overloaded” and will restrict the survivors’ free choice to decide if they want to bring their cases to the courts. According to the groups, this can result in stigmatization and further trauma for the victims as well as delays in the reparations process. As the law requires a criminal filing, the victims may need to produce evidence (forensic or medical) and witnesses.The groups urge authorities to presume that applicants are telling the truth when applying for benefits, which they say is consistent with best practices for addressing conflict-related sexual violence. This places the burden of proof on the state to provide evidence that contradicts the survivors’ statements.