We have translated a paper by Judge Nassir Omran al-Mousawi setting out a history of the Public Prosecution service and making proposals for further reform to enable the service to achieve its potential and fill the roles allotted to it by current Iraqi legislation.
Judge Nassir notes that the Public Prosecution is not yet [...]
The Higher Judicial Council issued a press release on 31 December 2009 announcing that it had signed an agreement with the UNDP and the German Government to provide support during the next two years to the newly opened Judicial Development Institute for the development of curricula for teaching civil law to enable judiciary [...]Read More»
Inflation has greatly devalued the Iraqi Dinar since the Criminal Laws Promulgated in the 1960s, 1970s and 1980s. The Penal Code and other laws provides for fines to be levied by the courts at levels which are now too small to have any deterrent effect.
The Council of Representatives passed Law No. 6 of [...]Read More»
The Aegis Trust campaigns against crimes against humanity and genocide. Aegis runs the Kigali Memorial Centre in Rwanda (with Kigali City Council) and the Holocaust Memorial and Educational Centre in the UK. It provides research and advocacy support to the All Party Parliamentary Groups on the Prevention of Genocide and Crimes Against Humanity in [...]Read More»
The BBC reported on 25 January 2010 that Ali Hasan Al Majid (known as ‘Chemical Ali’) was hanged on 25 January 2010.
As previously noted, he received a 4th death sentence on 17 January 2010.
Rule 90 of the Rules of the Iraqi High Tribunal provide that judgments of the tribunal are implemented in accordance [...]Read More»
Prior to 1978 the continuing punishment of those released from prison after serving their sentences was regulated by Articles 342 to 351 of the Criminal Procedure Code. RCC Resolution 997 of 1978 deleted these provisions and replaced this regime with some new provisions relocated to amended sections of the Penal Code No. 111 of 1969.
Articles [...]Read More»
Justice and Accountability Commission bars candidates and parties from election – Reference to Federal Supreme Court: Updated
The Washington Post reports on 8 January 2010 and 20 January 2010 that the Justice and Accountability Commission have recommended the exclusion of about 500 candidates and 15 political parties from participation in the forthcoming election on 7 March 2010.
According to Asarq Alawasat on 19 January 2010, those excluded include Sunni [...]
The procedure regulating extradition requests to the Iraqi courts is dealt with in Articles 357 to 368 of the Criminal Procedure Code. Article 358(4) prohibits the extradtition of Iraqi Nationals.
This is echoed in Article 21 of the constitution which states:
No Iraqi shall be surrendered to foreign entities and authorities.
Similar rules are [...]
On 24 December 2009, the Higher Judicial Council hosted a conference on criminal evidence. The opening address was given by Chief Justice Medhat al-Mahmoud and speakers included Prime Minister Al-Maliki and the US, UK and Australian Ambassadors. Representatives from the Ministry of Interior including Brigadier Dr. Iden Khalid, Deputy Interior Minister, from the judiciary including [...]Read More»
The Higher Judicial Council have published a judicial bulletin containing a number of prominent decisions of the Cassation Court and in addition, research, studies and news.
The three decisions of the on criminal law are outlined beneath: