Justice and Accountability Commission bars candidates and parties from election – Reference to Federal Supreme Court: Updated

Posted on | January 20, 2010

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 politician Saleh al-Mutlaq, as well as current Iraqi Defense Minister Abdul-Kader al-Obeidi.
UPDATE: Al Bawaba reported on 21 January 2010 that the Presidency Council had requested the Federal Supreme Court for an opinion on whether the Justice and Accountability Commission is legitimate or not.
DeBa’athification commenced in 2003 with CPA Order 1. The predecessor to the Justice and Accountability Commission was known as the Higher National De-Ba’athification Commission. In 2008 a new law No. 10 of 2008 was promulgated altering the name of the Commission and detailing its powers.
Our translation of Law 10 of 2008 is here. Further Analysis and a different translation of the 2008 Law can be found at the website of the International Centre for Transitional Justice.
Update: The Independent High Electoral Commission using Article 5 of CPA Order 97 (The Politicial Parties and Entities Law) have cancelled the approval of 9 entities previously slated to take part in the elections. Reider Visser comments here.