UNAMI’s 14th six monthly Human Rights Report for Iraq was issued on 29 April 2009 covering the period from 1 July 2008 to end December 2008. The report notes that during that period: Iraq signed into law the Convention against Torture and Other Cruel, Inhuman or Degrading treatment or Punishment; The law on the Independent High […]
Read MoreOn invitation by President Talabani, Professor Chibli Mallat, visiting Suleymaniye, discussed the Constitution with the President and Iraqi leaders including Deputy Prime Minister Dr. Barham Saleh, several Ministers and Dr. Fouad Massoum (pictured), Deputy-Chair of the Constitutional Review Committee.
Read MoreApril Powell-Willingham, Chibli Mallat, Hiram Chodosh, Vincent Battle, Alan Zangana, Rashid Asali and Munaf Hamed met with newly elected Speaker Iyad Sammaraie at the Council of Representatives on May 5, 2009.
Read MoreBaghdad: The Al-Bayina newspaper reported on 12 May 2009 that MP Abbas al-Bayati, had announced the formation of a sub-committee within the Constitutional Review Committee (CRC) of the Council of Representatives to consider the possibility of further constitutional amendments during the current parliamentary session or whether they should be carried over to the next session. Al-Bayati […]
Read MoreThe implementation of the Civil Code 40 of 1951 is achieved by means of the Civil Procedure Code 83 of 1969 (this version as enacted – unamended) and the Civil Evidence Law 107 of Year 1979.
Read MoreThe Iraqi Civil Code was principally drafted by Abd al-Razzaq Al-Sanhūrī, a French-educated Egyptian jurist who was also the principal drafter of the Egyptian Civil Code of 1949. It replaced the 1877 Ottoman Majalla, the archetype for all codified Middle Eastern civil law. In 1943, Al-Sanhūrī was invited to Iraq by the Iraqi government and […]
Read MoreThe 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, […]
Read MoreIn this address, given before Global Justice Project: Iraq was established, Professor Chibli Mallat outlined the major fault lines and challenges for Iraqi law: the risk of justice denied in the implementation of the US-Iraq security agreement, a fuzzy federalism, and an incoherent judicial system.
Read MoreOn Sunday 19 April 2009, the Council of Representatives elected Ayad al-Sammaraie as the new speaker. The post of speaker has been vacant since Mahmud Mashhadani, an outspoken Sunni in Iraq’s Shiite-dominated political system, resigned on 23 December 2008. Previous attempts to elect a speaker have resulted in stalemate because no candidate has achieved an […]
Read MoreThe 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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