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 […]
Category: Case Reports
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 […]
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 High Tribunal المحكمة الجنائية العراقية العليا
The Iraqi High Tribunal, also (more accurately) translated as the Supreme Iraqi Criminal Court is the body established to try Iraqi nationals or residents accused of genocide, crimes against humanity, war crimes or other serious crimes committed between 1968 and 2003. The Tribunal’s predecessor was established pursuant to CPA Order 48, which delegated authority to the […]
Deputy Transport Minister Arrested on Suspicion of Corruption: UPDATE
The Voice of Iraq reported on 3 September 2009 that: “The Commission of Integrity (CoI) has arrested a top official from the Ministry of Transportation in the course of taking a bribe”, said officials close to the case. The source, who spoke on condition of anonymity, declined to give more details about the name of […]
Criminal Procedure Case-study (2): The killing of James Kitterman
Five men, four of them US contractors were arrested by Iraqi police as a result of an investigation into the death of US businessman, James Kitterman, in Baghdad’s International Zone. It would appear that they are not however suspected of the murder itself. On 13 June 2009 the Washington Post reported that three of the […]
Criminal Procedure Case-study (1): Abdul-Falah al-Sudani
[see also previous post] Former Minister of Trade, Abdul-Falah al-Sudani, was arrested on 30 May 2009 following the issue of a warrant from the court in Samawa (in Al-Muthanna Governorate in the south of the country). Alleged Crime: Sudani, a 62-year-old dual British Iraqi national, is being questioned about accusations of squandering public money and […]
National Elections to be on 30 January 2010
The Federal Supreme Court gave its opinion on 13 May 2009 following the request of the Speaker of the Council of Representatives to the Court in its capacity as interpreter of the Constitution under Article 93(2). The issue arising was the interpretation of Article 56 of the constitution which states: First: The electoral term of the […]
Shoe thrower’s sentence reduced on appeal to 1 year
On Tuesday 7 April 2009, journalist Muntadar al-Zaidi successfully argued before the Court of Appeal that his sentence, imposed on 12 March 2009, be reduced from 3 years to 1 year for throwing his shoes at former President Bush in December 2008 at a press conference. His lawyers contended that his offence should be classified […]