Global Justice Project: Iraq

Justice and Accountability Commission bars candidates and parties from election – Reference to Federal Supreme Court: Updated

The Washington Post reports on 8 January 2010 and 20 January 2010 that the Justice and Accountability Commission have recommended the exclusion of about 500 candidates and 15 political parties from participation in the forthcoming election on 7 March 2010. According to Asarq Alawasat on 19 January 2010, those excluded include Sunni politician Saleh al-Mutlaq, […]

January 20, 2010

No extradition of Iraqi citizens from Iraq

Categories:

Notes from Baghdad

The procedure regulating extradition requests to the Iraqi courts is dealt with in Articles 357 to 368 of the Criminal Procedure Code. Article 358(4) prohibits the extradtition of Iraqi Nationals. This is echoed in Article 21 of the constitution which states: No Iraqi shall be surrendered to foreign entities and authorities. Similar rules are found […]

January 19, 2010

Higher Judicial Council hosts criminal evidence conference

Categories:

Judiciary

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 […]

January 18, 2010

Three decisions of the Court of Cassation – Penal Board

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Case Reports

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, […]

January 18, 2010

Ali Hassan al-Majid sentenced to death for the fourth time

Categories:

Case Reports

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 […]

January 17, 2010

AECOM Iraq Legislative Strengthening Program (ILSP)

Categories:

Organisations

The Iraq Legislative Strengthening Program is a multi-year USAID funded program run by AECOM designed to support the Council of Representatives’ (COR) efforts at reform and institutional strengthening to better oversee government operations, legislate and represent their constituents. The program concentrates establishing a Parliamentary Center to organize training and build capacity to improve the effectiveness […]

December 27, 2009

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 “legislation . […]

December 18, 2009

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 […]

December 14, 2009

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 […]

December 13, 2009

Looking back at the ‘Future of Iraq’

Categories:

Judiciary

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 […]

December 11, 2009