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 […]

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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.

Articles […]

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Higher Judicial Council hosts criminal evidence conference

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 […]

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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, […]
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    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 […]

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    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 […]

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    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 […]

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    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 […]

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    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 […]

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    Special Courts and Tribunals

    The normal Federal Judiciary is described here. This post lists the courts and tribunals outside the administration of the Higher Judicial Council.

    Article 95 of the Constitution states that:
    The establishment of special or extraordinary courts is prohibited.

    Article 15(I) of the Transitional Administrative Law (TAL) had stated:
    Civilians may not be tried before […]

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