As stated in the Preamble to the Convention against Torture and Inhuman or Degrading Treatment, the realization of the equal and inalienable rights of all human beings is the foundation of freedom, justice, and peace in the world. Since these rights are also derived from human dignity, states have an obligation under the UN Charter to ensure universal respect for these rights. 
Torture is the physical or mental harm to a person for a specific purpose, such as to obtain information, to confess to a crime, or as punishment for something the person is believed to have done, or as a form of discrimination against the person. The severity and importance of torture are mentioned in most human rights treaties in addition to the Universal Declaration of Human Rights. According to the Covenant on Civil and Political Rights, the discretion of the state to suspend certain human rights during natural disasters does not include torture. It is a right that accepts no derogation. 
In Iraq, in addition to the constitution prohibiting all forms of torture and forced confessions, there is a tangible problem. The reason is twofold: on the one hand, technological backwardness, so that the state institutions cannot reach any results without beating and intimidating the accused and opponents; on the other hand, the prevalence of a revenge mentality and hateful discourse towards prisoners belonging to other groups. In some cases, such as those of ISIS prisoners, torture has been the only way to obtain evidence. In addition to these cases, the US State Department's 2023 report on human rights in Iraq mentions violations by the federal police and the PMF (especially against Sunni Arabs) in al-Hut, al-Rusafa and al-Hilal prisons, in such a manner that several prisoners have died due to torture, malnutrition, and knocking out their teeth. 
The existence of hidden prisons, not informing judges of all details of cases, discrimination in cases of defendants on the basis of ethnicity or religion, and the lack of a clear definition of torture and its constituent acts in Iraqi laws are the most pressing problems, which sometimes make judges have broad discretion in determining what actions are torture so as to ban them from there.