The BBC reported on 4 February 2010 that the Independent High Electoral Commission had delayed the start of the election campaign from Sunday 7 February 2010 until Friday 12 February 2010 to allow time for an emergency parliamentary debate, to be held on Sunday 7 February 2010, following the court ruling of 3 February 2010 […]
Author: andrew.allen@gjpi.org
Judicial panel overturns election ban: Will review ‘democratic credentials’ of candidates after the election: Update
The Higher Judicial Council website carries news that a Special Chamber comprised of members of the Court of Cassation in Decision 108 of 2010 has decided to delay its examination of the candidates barred from participating in the election by IHEC on the recommendation of the Accountability and Justice Commission. After the election they will […]
Proposals for Reform of the Public Prosecution Service
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 able […]
German Government fund UNDP assistance to Iraqi Judiciary
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 and court […]
Level of Fines for Criminal Offences
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 2008 […]
Aegis Trust
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 the […]
Ali Hasan Al Majid executed
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 […]
Continuing Supervision and Punishment After Release from Prison
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. […]
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 politician Saleh al-Mutlaq, […]
No extradition of Iraqi citizens from Iraq
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 found […]