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 […]
Author: andrew.allen@gjpi.org
Three decisions of the Court of Cassation – Penal Board
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: 144 of 2007: If the confession of an accused is contradicted by other evidence collected in the case, […]
Ali Hassan al-Majid sentenced to death for the fourth time
UPI reports that Ali Hassan al-Majid, known as Chemical Ali, was sentenced by the Iraqi High Tribunal on Sunday 17 January 2010 to be hanged for a 1988 gas attack against Kurds in Halabja. In the same decision, former Defense Minister Sultan Hashim al-Taie and former Director of Military Intelligence, Sabir Azizi al-Douri were each […]
AECOM Iraq Legislative Strengthening Program (ILSP)
The Iraq Legislative Strengthening Program is a multi-year USAID funded program run by AECOM designed to support the Council of Representatives’ (COR) efforts at reform and institutional strengthening to better oversee government operations, legislate and represent their constituents. The program concentrates establishing a Parliamentary Center to organize training and build capacity to improve the effectiveness […]
Public Prosecutor Law No. 159 of 1979
The Public Prosecutor Law No. 159 of 1979, published in the Official Gazette, issue 2746 of 17 December 1979, was one of a number of laws enacted under the only partly realised law reform project which emerged from the Legal System Reform Law No. 35 of 1977. This was an attempt to use “legislation . […]
kashf al-dalala ‘Discovering the evidence’
‘Discovering the evidence’ (kashf al-dalala) is a procedure whereby an accused who has made a confession is taken to the crime scene in order to explain to the investigative judge, or any other person taking the investigative judge’s place in conducting the investigation, the actions that the accused took in committing the crime. Usually, police […]
When does life really mean life?
The Iraqi Penal Code No. 111 of 1969 in article 87 defines the term ‘life imprisonment’ (sijn mua’abbad) as “the confinement of a convicted person in a penal institution set up by law for that purpose for a period of 20 years”. This form of punishment could apply when a serious crime such as intentional […]
Looking back at the ‘Future of Iraq’
From October 2001 until early 2003 over 200 international experts and exiled Iraqi engineers, lawyers, businesspeople, doctors and others, spearheaded by the US State Department, met to discuss and advise on public health and humanitarian needs, transparency and anti-corruption, oil and energy, defense policy and institutions, transitional justice, democratic principles and procedures, local government, civil […]
Federal Supreme Court Opinion on timescale for Presidency Council veto
See here for the previous history of the 2009 amendment to the election law On 3 December 2009, the Federal Supreme Court issued Opinion 76 of 2009 confirming that the members of Presidency Council have until Sunday 6 December 2009 to consider their exercise of veto. The decision in the original Arabic can be found […]
Iraqi Police (al-shurta al-iraqiyya) للشرطة العراقية
The police in Iraq operate under the supervision of the Ministry of Interior. The police and the Iraqi army (which operates under the supervision of the Ministry of Defence) are sometimes collectively referred to as the Iraqi Security Services. The Police and other forces controlled by the state excepting the army are sometimes referred to […]