Global Justice Project: Iraq http://gjpi.org Following the S.J. Quinney College of Law's Iraq Project Fri, 17 Jun 2011 16:05:52 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 Feedback http://gjpi.org/2010/11/16/feedback/ http://gjpi.org/2010/11/16/feedback/#comments Tue, 16 Nov 2010 16:45:04 +0000 valeri.craigle http://www.gjpi.org/?p=4486 We value your input. Please share your thoughts and/or suggestions for the Website via this short feedback form. Thank you for your interest in the Global Justice Project – Iraq.

]]> We value your input. Please share your thoughts and/or suggestions for the Website via this short feedback form. Thank you for your interest in the Global Justice Project – Iraq.

]]> http://gjpi.org/2010/11/16/feedback/feed/ 0 Global Justice Project: Iraq http://gjpi.org/2010/06/01/global-justice-project-iraq/ http://gjpi.org/2010/06/01/global-justice-project-iraq/#comments Tue, 01 Jun 2010 20:41:12 +0000 andrew.allen@gjpi.org http://www.gjpi.org/?p=4397 The Global Justice Project: Iraq concluded on 31 March 2010. This website will not be updated after that date but will remain as a resource archive.

]]> The Global Justice Project: Iraq concluded on 31 March 2010. This website will not be updated after that date but will remain as a resource archive.

]]> http://gjpi.org/2010/06/01/global-justice-project-iraq/feed/ 0 Federal Supreme Court Opinion on Article 76 of the Constitution concerning the nomination of the Prime Minister http://gjpi.org/2010/03/28/federal-supreme-court-opinion-on-article-76-of-the-constitution-concerning-the-nomination-of-the-prime-minister/ http://gjpi.org/2010/03/28/federal-supreme-court-opinion-on-article-76-of-the-constitution-concerning-the-nomination-of-the-prime-minister/#comments Sun, 28 Mar 2010 15:57:50 +0000 andrew.allen@gjpi.org http://www.gjpi.org/?p=4363 On 25 March 2010, the Federal Supreme Court issued opinion 25 of 2010 on the meaning of Article 76 of the constitution, the first part of which reads:

The President of the Republic shall charge the nominee of the largest Council of Representatives bloc with the formation of the Council of Ministers within fifteen days [...]]]> On 25 March 2010, the Federal Supreme Court issued opinion 25 of 2010 on the meaning of Article 76 of the constitution, the first part of which reads:

The President of the Republic shall charge the nominee of the largest Council of Representatives bloc with the formation of the Council of Ministers within fifteen days from the date of the election of the President of the Republic.

Our (imperfect) translation of the decision is as follows:

Electoral Bloc

A letter came to the Federal Supreme Court from the Office of the Prime Minister (MTN 1979) including a request for the interpretation of Article 76 of the constitution. The letter of 21 March 2010 asked for an interpretation of the expression “the largest bloc” in that Article. The request was put to the deliberation of the Federal Supreme Court on 25 March 2010. After consulting the opinions of scholars of constitutional law and studying and perusing them, the Federal Supreme Court came to the following opinion:

Opinion
The Federal Supreme Court found upon examining Article 76 of the constitution in its 5 paragraphs and from examining the rest of the constitutional texts, that the application of the rules of Article 76 of the constitution comes after the meeting of the Council of Representatives in its new session on the basis of the invitation of the President in accordance with Article 54 of the constitution. Thereafter the Council of Representatives elects in its first session its speaker, then his first deputy and second deputy in accordance with Article 55 and then the new President under Article 70 and after the election of the President he shall charge the nominee of the largest Council of Representatives bloc with the formation of the Council of Ministers within fifteen days from the date of his election.

The Federal Supreme Court found that the expression “the largest bloc” means either the bloc formed after the election through the electoral list which ran for the election under one number and won the largest number of seats or the bloc which is formed of two or more lists which ran for election under different names or numbers and then coalesced into one entity in the Council of Representatives. Either of these that has the largest number of seats is the bloc whose nominee the President must call upon to form a government at the first meeting of the Council of Representatives.

This unanimous opinion was issued on 25/3/2010.

Medhat al-Mahmoud
President of the Federal Supreme Court

]]> http://gjpi.org/2010/03/28/federal-supreme-court-opinion-on-article-76-of-the-constitution-concerning-the-nomination-of-the-prime-minister/feed/ 0 National anti-corruption strategy launched http://gjpi.org/2010/03/25/integrity-committee-to-launch-a-national-anti-corruption-strategy/ http://gjpi.org/2010/03/25/integrity-committee-to-launch-a-national-anti-corruption-strategy/#comments Thu, 25 Mar 2010 19:12:24 +0000 andrew.allen@gjpi.org http://www.gjpi.org/?p=4358 The Kurdistan News Agency reported on 24 March 2010 that the Integrity Committee [actually the Commission on Integrity] organized on Wednesday [24 March 2010] under the auspices of the Joint Anti-Corruption Council a conference to launch a national strategy against corruption under the banner of “national strategy to combat corruption, guidelines to face corruption [...]]]> The Kurdistan News Agency reported on 24 March 2010 that the Integrity Committee [actually the Commission on Integrity] organized on Wednesday [24 March 2010] under the auspices of the Joint Anti-Corruption Council a conference to launch a national strategy against corruption under the banner of “national strategy to combat corruption, guidelines to face corruption at all levels.”

]]> http://gjpi.org/2010/03/25/integrity-committee-to-launch-a-national-anti-corruption-strategy/feed/ 0 The Election is over – and so what happens next? http://gjpi.org/2010/03/24/the-election-is-over-and-so-what-happens-next/ http://gjpi.org/2010/03/24/the-election-is-over-and-so-what-happens-next/#comments Wed, 24 Mar 2010 18:45:01 +0000 andrew.allen@gjpi.org http://www.gjpi.org/?p=4346 The order of events will be: ratification of results, the call to the Council of Representatives to convene, the election of a speaker, the election of the new President, the nomination and approval of the Council of Ministers.

  • The ratification of the general election results by the Federal Supreme Court will take place according to Article [...]]]> The order of events will be: ratification of results, the call to the Council of Representatives to convene, the election of a speaker, the election of the new President, the nomination and approval of the Council of Ministers.

    • The ratification of the general election results by the Federal Supreme Court will take place according to Article 93(7)
    • According to Article 54 of the constitution:
      The President of the Republic shall call upon the Council of Representatives to convene by a presidential decree within fifteen days from the date of the ratification of the general election results. Its eldest member shall chair the first session to elect the speaker of the Council and his two deputies. This period may not be extended by more than the aforementioned period.
    • According to Article 55 of the constitution:
      The Council of Representatives shall elect in its first session its speaker, then his first deputy and second deputy, by an absolute majority of the total number of the Council members by direct secret ballot.
    • According to Article 70 of the constitution:
      First: The Council of Representatives shall elect a President of the Republic from among the candidates by a two-thirds majority of the number of its members.

      Second: If none of the candidates receive the required majority vote then the two candidates who received the highest number of votes shall compete and the one who receives the majority of votes in the second election shall be declared President.

    • According to Article 76 of the constitution:
      First: The President of the Republic shall charge the nominee of the largest Council of Representatives bloc with the formation of the Council of Ministers within fifteen days from the date of the election of the President of the Republic.

      Second: The Prime Minister-designate shall undertake the naming of the members of his Council of Ministers within a period not to exceed thirty days from the date of his designation.

      Third: If the Prime Minister-designate fails to form the Council of Ministers during the period specified in clause “Second,” the President of the Republic shall charge a new nominee for the post of Prime Minister within fifteen days.

      Fourth: The Prime Minister-designate shall present the names of his members of the Council of Ministers and the ministerial program to the Council of Representatives. He is deemed to have gained its confidence upon the approval, by an absolute majority of the Council of Representatives, of the individual Ministers and the ministerial program.

      Fifth: The President of the Republic shall charge another nominee to form the Council of Ministers within fifteen days in case the Council of Ministers did not win the vote of confidence.

    Pursuant to Articles 68 and 77, the President and Prime Minister must be Iraqi by birth, born to Iraqi parents. The President must be over 40 and the Prime Minister over thirty five.

    ]]>     http://gjpi.org/2010/03/24/the-election-is-over-and-so-what-happens-next/feed/ 0 Recent Shura Council Decisions http://gjpi.org/2010/03/07/recent-state-shura-council-decisions/ http://gjpi.org/2010/03/07/recent-state-shura-council-decisions/#comments Sun, 07 Mar 2010 17:03:39 +0000 Trudi Hodges http://www.gjpi.org/?p=4226 GJPI is fortunate to publish for the first time online the comprehensive decisions of the Shura Council for 2006, 2007, and 2008.

    ]]>     GJPI is fortunate to publish for the first time online the comprehensive decisions of the Shura Council for 2006, 2007, and 2008.

    ]]>     http://gjpi.org/2010/03/07/recent-state-shura-council-decisions/feed/ 0     Human Rights Council’s Universal Periodic Review of Iraq http://gjpi.org/2010/03/06/human-rights-council%e2%80%99s-universal-periodic-review-of-iraq/ http://gjpi.org/2010/03/06/human-rights-council%e2%80%99s-universal-periodic-review-of-iraq/#comments Sat, 06 Mar 2010 14:05:15 +0000 andrew.allen@gjpi.org http://www.gjpi.org/?p=4199 In February 2010 the UN Human Rights Council in Geneva conducted its periodic review of Iraq. The Iraqi Human Rights Minister Wijdan Salim attended the periodic review working group session.

    The primary recommendations were to:

    • Re-establish a moratorium on the death penalty with the view to abolishing it
    • Bring all de facto detention facilities under the authority [...]]]> In February 2010 the UN Human Rights Council in Geneva conducted its periodic review of Iraq. The Iraqi Human Rights Minister Wijdan Salim attended the periodic review working group session.

      The primary recommendations were to:

      • Re-establish a moratorium on the death penalty with the view to abolishing it
      • Bring all de facto detention facilities under the authority of the government
      • Work to eliminate detention without charge and trial and ensure transparency for all sentences
      • Investigate all human rights abuses, in particular allegations of torture
      • Take steps to combat religion-based intolerance
      • Strengthen measures to eradicate violence against women and girls and raise social awareness on their rights
      • Take measures to promote and protect the rights of minorities
      • Take steps to end intimidation and abuses against journalists and human rights defenders
      • Repeal article 128 of the Criminal Code which identifies “the commission of an offence with honourable motives” as a mitigating excuse
      • Extend an invitation to the Special Rapporteur on Torture

      The Human Rights Council is the successor to the United Nations Commission on Human Rights and is a subsidiary body of the United Nations General Assembly.

      The USA Delegation issued a statement dated 16 February 2010 urging Iraq to continue the process of bringing all detention facilities and prisons under the authority of the Ministry of Justice and to improve conditions in Ministry-operated facilities and hold accountable any law enforcement official suspected of involvement in torture, abuse, or coerced confessions.

      ]]>       http://gjpi.org/2010/03/06/human-rights-council%e2%80%99s-universal-periodic-review-of-iraq/feed/ 0 Treatment of Torture in the Penal Code No. 111 of 1969 http://gjpi.org/2010/03/05/treatment-of-torture-in-the-penal-code-no-111-of-1969/ http://gjpi.org/2010/03/05/treatment-of-torture-in-the-penal-code-no-111-of-1969/#comments Fri, 05 Mar 2010 15:17:32 +0000 andrew.allen@gjpi.org http://www.gjpi.org/?p=4168 We are fortunate that Professor Wasfi al-Sharaa of Basra University has permitted us to publish his research paper on the treatment of Torture in the Penal Code No. 111 of 1969.

      Article 333 of the Penal Code states:
      Any public official or agent who tortures or orders the torture of an accused, witness or informant [...]]]> We are fortunate that Professor Wasfi al-Sharaa of Basra University has permitted us to publish his research paper on the treatment of Torture in the Penal Code No. 111 of 1969.

      Article 333 of the Penal Code states:
      Any public official or agent who tortures or orders the torture of an accused, witness or informant in order to compel him to confess to the commission of an offence or to make a statement or provide information about such offence or to withhold information or to give a particular opinion in respect of it is punishable by imprisonment or by penal servitude. Torture shall include the use of force or menaces.

      Article 218 of the Criminal Procedure Code states:
      It is stipulated that a confession must not have been extracted by coercion.

      Article 218 was amended by CPA Memorandum 3, Section 4(k), signed 18 June 2003, published in the Official Gazette, issue 3978 of 17 August 2003 in that the following words at the end of the Article were deleted “whether it be physical or moral, a promise or a threat. Nevertheless, if there is no causal link between the coercion and the confession or if the confession is corroborated by other evidence which convinces the court that it is true or which has led to uncovering a certain truth, then the court may accept it”.

      Professor Wasfi exposes the lack of clarity in this area; proposes that the law be reformed to ensure that confession evidence shall be deemed null and void if it is derived from coercion; and argues that the punishment for those convicted of torture be increased from a minimum of 3 months to a minimum of 3 years.

      ]]> http://gjpi.org/2010/03/05/treatment-of-torture-in-the-penal-code-no-111-of-1969/feed/ 0       Statements of Dying Victims http://gjpi.org/2010/03/05/statements-of-dying-victims/ http://gjpi.org/2010/03/05/statements-of-dying-victims/#comments Fri, 05 Mar 2010 14:57:20 +0000 andrew.allen@gjpi.org http://www.gjpi.org/?p=4166 We are fortunate that Professor Wasfi al-Sharaa of Basra University has permitted us to publish his research paper on Statements of Dying Victims.

      Article 216 of the Criminal Procedure Code No. 23 of 1971 states that:
      The court may accept the statement of a dying victim as evidence relating to the offence and its perpetrator [...]]]> We are fortunate that Professor Wasfi al-Sharaa of Basra University has permitted us to publish his research paper on Statements of Dying Victims.

      Article 216 of the Criminal Procedure Code No. 23 of 1971 states that:
      The court may accept the statement of a dying victim as evidence relating to the offence and its perpetrator or any other related matter.

      Professor Wasfi argues that in felony cases this type of evidence alone should not be considered sufficient to base a conviction.

      ]]> http://gjpi.org/2010/03/05/statements-of-dying-victims/feed/ 0       Major Legislative Drafting Symposium Brings Together Key Iraqi Institutions http://gjpi.org/2010/03/02/major-legislative-drafting-symposium-brings-together-key-iraqi-institutions/ http://gjpi.org/2010/03/02/major-legislative-drafting-symposium-brings-together-key-iraqi-institutions/#comments Tue, 02 Mar 2010 12:44:53 +0000 andrew.allen@gjpi.org http://www.gjpi.org/?p=4081 dsc_01131

      dsc_00711

      The State Shura Council, under the patronage of HE Minister of Justice Judge Dara Nooreddine and with the assistance of GJPI, organized a successful legislative drafting symposium that brought together for the [...]]]> dsc_01131

      dsc_00711

      The State Shura Council, under the patronage of HE Minister of Justice Judge Dara Nooreddine and with the assistance of GJPI, organized a successful legislative drafting symposium that brought together for the first time prominent officials and staff from the key institutions involved in legislative drafting. Head of the State Shura Council Ghazi Al Janabi led an expert panel of consultants in presenting the .challenges to effective legislative drafting and practical recommendations for improvement. Participants included officials and staff from ministries, parliamentary committees, and the Presidency Council, judges from the State Shura Council and the Higher Judicial Council, as well as representatives from independent commissions and universities. Full details here.

      ]]> http://gjpi.org/2010/03/02/major-legislative-drafting-symposium-brings-together-key-iraqi-institutions/feed/ 0