International Criminal Investigative Training Assistance Program (ICITAP)

The US Department of Justice, through the Criminal Division’s International Criminal Investigative Training Assistance Program (ICITAP), works with foreign governments to develop professional and transparent law enforcement institutions that protect human rights, combat corruption, and reduce the threat of transnational crime and terrorism. Situated in the Department of Justice, with programs funded primarily by […]

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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 […]

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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 […]

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Ministry of Interior and Higher Judicial Council collaborate to combat corruption

The Ministry of Interior website on 28 May 2009 noted the formation of a central operations facility and the allocation of inspection units of the Ministry of the Interior and the High Judicial Council as part of the national campaign to combat corruption.

The Secretary General of the Council of Ministers, Mr. Ali Mohsen […]

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The many lives of Article 136(b) Criminal Procedure Code, Law 23 of 1971

It was reported on 14 May 2009 on  the front page of Al-Sabaah, the government newspaper, that Prime Minister Nouri al-Maliki had suspended in part the operation of Article 136(b) of the Criminal Procedure Code 23 of 1971 as part of his anti-corruption drive.

Article 136(b) has had a varied life.

All of Article […]

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Homosexuality and the Criminal Law in Iraq: UPDATED

Criminal Law in Iraq
Contrary to some international media reports, homosexuality per se is not illegal in Iraq and as far as we can tell never has been illegal. However there have been a number of reliable reports of extra judicial persecution, assault, and murder of gay men in Iraq.

The Penal Code 111 of […]

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Anti-corruption report leaked (Updates: Minister of Trade resigns . . . arrested)

A recent report by the Commission on Integrity to the anti-corruption committee of the Council of Representatives, leaked to the Western media, set out the size of the problem facing the Iraqi government.

The BBC report is here.

In related news, a group of about 110 Parliamentarians have called for the Minister of TradeRead More»

Criminal Procedure Code 23 of 1971

The Criminal Procedure Code No. 23 of 1971 replaced the Baghdad Procedure Code of 1919. It was modelled on the Egyptian Criminal Procedure Code No. 150 of 1950, which itself was based upon the Napoleonic Codes adopted in Egypt in the late 19th Century.

It has been amended on a number of occasions. For example, […]

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Capital Punishment: UPDATED

The Penal Code 111 of 1969 provides in Article 86 that “The death penalty is the hanging of the condemned person by the neck until he is dead.” It can only be imposed if the perpetrator is 21 or over.
Prior to 2003, the Penal Code provided that the death penalty was the sentence or […]

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Penal Code 111 of 1969

The Penal Code 111 of 1969 replaced the Baghdadi Penal Code of 1919 with effect from 15 December 1969.
It has been amended on a number of occasions.

With effect from 10 June 2003, CPA Order 7 Section 2(1) provided that “the Third Edition of the 1969 Iraqi Penal Code with amendments, registered in Baghdad […]

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