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Iraq: The judiciary calls for the speedy completion of the investigation into the killing of demonstrators


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Sunday, January 26, 2020 | 01:55 pm

| Views: 163

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The Supreme Judicial Council addresses the President of the Republic to cancel the appointment of Al-Kubaisi as an original member of the Federation

 

 

Baghdad / ... The Supreme Judicial Council, Al-Lahad, held the fourth session, headed by the President of the Federal Court of Cassation, Judge Faeq Zaidan.

During which the
 
following: 1. The Council approved the upgrade and re - judge formations in some of the Presidency of the Federal Appeal in accordance with the proposal submitted by the Presidency of the appeal as well as the transfer was approved and the assignment of a number of gentlemen judges and public prosecutors based on the requirements of the public interest.
 
2- The Council discussed the repercussions of the issuance of Republic Decree No. (4) dated 01/21/2020, which includes the appointment of a retired judge from the Federal Court of Cassation, Mr. Muhammad Rajab Al-Kubaisi, as an original member of the Federal Supreme Court.
 
 
The Council decided to approach the Presidency of the Republic to cancel this decree, as well as to circulate to all courts not to deal with any decision issued by the Federal Supreme Court that includes the participation and signature of the aforementioned judge because the quorum of the court has become after the referral of the judge, Mr. Farouk Sami, to retirement is incomplete as the article ( 3) From the Court Law No. (30) for the year 2005 stipulates that the number of members of the court with the President (9) and by referring the judge, Mr. Farouk Al-Sami, to retirement, the number has become (8), and therefore the quorum of the court is currently defective, and any decision issued by it is absent in advance. Retired judge Muhammad Rajab al-Kubaisi under a The decree of the aforementioned is considered invalid because it is referred to retirement under the judicial order number (146 / BC / A) dated 6/26/2018 and he fulfilled all his pension rights according to the letter of the Financial and Administrative Affairs Department No. (611 / D / 2020) dated 26/1/22020 where the end-of-service gratuity is paid an amount of (154,800). 000) Ten million, three hundred and twenty thousand dinars, and since the only text that specifies the mechanism for the nomination and appointment of the President and members of the Federal Court is represented by Article (3) of Law No. (30) for the year 2005 which gives this jurisdiction to the Judicial Council and the fact that the President of the Federal Court canceled this text Under a lawsuit he personally assigned a lawyer to set up, and this text was canceled due to an incorrect claim at the time. The judiciary has become in a constitutional vacuum due to this personal behavior, and this is what the High Judicial Council warned him in its correspondence with the parliament to legislate an alternative text for this article, according to what It is stated in the same decision to cancel Article (3) issued by calling Z No. (38 / Federal / 2019) on 05/21/2019 stipulating (Parliament’s notification of an alternative article to legislate this article) and the fact that the House of Representatives did not legislate until now the alternative text is therefore null and void any appointment of any new member in the original The court, and this is included in the republican decree in question. As for the aforementioned judge's participation in the formation of the court As a reserve member, he is also considered invalid because his appointment as a reserve judge did not meet the procedures stipulated in Article (7) of Law No. (30) for the year 2005, which stipulates that the president and members of the court, before commencing their activities, take an oath before the (Presidency Council that dissolved He was replaced by the President of the Republic) and because the head of the Federal Court, who was at the time the head of the Supreme Judicial Council, was sufficient to take an oath before him and before the President of the Federal Court of Cassation, this is a clear legal violation because the President of the Supreme Judicial Council and the President of the Federal Court of Cassation do not give legitimacy to abuse The law also Adding to the lack of a text in the law or the constitution that includes the term (affirming the member) as mentioned by the President of the Federal Court to justify his transgression of the constitution and the law by nominating a retired judge to be appointed as an original member of the Federal Court, and he thereby contradicts himself on the subject of retired judge Sami Al Mamouri who was Reserve member of the Federal Court who

http://aynaliraqnews.com/index.php?aa=news&id22=129430

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Deputy: Judicial Council aides to the Federal Court canceled the existence of "early elections"

08:51 - 27/01/2020
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Information / private ..

On Monday, the independent deputy, Basem Khazaal, confirmed that the instruction issued by the Supreme Judicial Council on stopping the decisions of the Federal Court is null and void of the idea of early elections, in addition to periodic elections, noting that Iraq is not easy towards holding early elections.

Khazal said in a statement to "Information", that "the manner in which Parliament works confirms the absence of any early elections after the formation of a new government for Iraq."

He added that "the Supreme Judicial Council's generalization of the Federal Court on stopping its decisions reinforces the idea that there are no early elections."

He explained that "the generalization of the Judicial Council and if it becomes effective in the manner in which it is written, this means that there are no periodic elections either."

Khazal pointed out that "amending the constitution is out of the question, especially since the formed committee did not hold a meeting to make the necessary amendment to the constitution." 25 n ended

https://www.almaalomah.com/2020/01/27/452131/

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By the document .. Judicial body: the next elections will be incomplete

 Time: 1/27/2020 11:03 PM

 

 Read: 1,326 times

 

Categories: Animated news tape, Iraq news

  

{Baghdad: Al Furat News} The election commission has addressed the Electoral Commission Board regarding the lack of a full federal court.

According to a document obtained by the {Euphrates News Agency}, a copy of which confirmed the judiciary that “the results of the upcoming elections will be incomplete by the constitutional procedures due to the lack of a full-fledged federal court to certify the results.” is over

Ammar Al-Masoudi

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https://alforatnews.com/news/بالوثيقة-هيأة-قضائية-الانتخابات-المقبلة-ستكون-ناقصة

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Middle East

Foreign embassy representatives in Iraq condemn use of excessive force against protesters in joint statement

14 hours ago
 
 

Foreign embassy representatives in Iraq condemn use of excessive force against protesters in joint statement
Nationwide protests in central and southern cities in Iraq have been ongoing for four months, resulting in the deaths of over 600 individuals and injuries to thousands. (Photo: Archive)
 
 

ERBIL (Kurdistan 24) – A joint statement form 16 embassies in Baghdad, including the United States, France, and Britain, condemned the use of extreme force by Iraqi security forces against protesters after demonstrations gained momentum last week.   

The ambassadors of Canada, Croatia, Czech Republic, Finland, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Romania, Spain, Sweden, the United Kingdom, and the United States condemned the use of lethal force by Iraqi armed groups and security forces against peaceful protesters, particularly in Baghdad, Nasiriya, and Basra since Jan. 24, 2020.   

“Despite assurances by the government, security forces and armed groups continue to use live fire in these locations, resulting in multiple deaths and injuries of civilians, while some protestors face intimidation and abduction,” the statement read.

The envoys urged the government to “respect freedom of assembly and the right to protest peacefully,” as it is the people's right and is protected by the Iraqi Constitution.

The statement also called on protestors to “maintain the peaceful nature of the movement,” while calling on the government to “guarantee credible investigation and accountability” for casualties, which include over 600 dead, and thousands injured since protests began in October 2019. 

The statement comes as Iraqi security forces torched make-shift tents of protesters in Baghdad and other southern cities on Saturday, firing live rounds and tear gas canisters that reportedly killed at least seven demonstrators and injured dozens more.

The new attacks came as part of a campaign to disperse protesters who had shut down some essential streets after self-styled nationalist and influential cleric Muqtada al-Sadr withdrew his support from the protests following apparent warming of ties between him and rival Tehran-aligned militias.

After Sadr’s proclamation, security forces began removing concrete barriers surrounding central Baghdad's Tahrir Square – the epicenter of the protests since they began – in an apparent move to quash the demonstrations.

However, thousands of people joined the scene, compelling the security forces to retreat. Videos posted on social media showed crowds gathered in the area, singing and chanting slogans of reform.

Demonstrations continue as protesters call for an end to the public’s economic woes and a complete governmental overhaul amid shortages of public services, high rates of unemployment, and chronic institutional corruption.

Editing by Karzan Sulaivany

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The Supreme Judicial Council issues an explanation regarding the appointment of Muhammad al-Kubaisi as an original member of the Federal Court

2020-01-28 | 07:29
The Supreme Judicial Council issues an explanation regarding the appointment of Muhammad al-Kubaisi as an original member of the Federal Court
 
 
 
 
 
2,768 views
 
 

The media center of the Supreme Judicial Council issued today, Tuesday, a clarification regarding the appointment of (Mohammed Rajab Al-Kubaisi) as an original member of the Federal Court.

The text of the clarification stated :

After the Supreme Judicial Council decided in its session held on 23/1/2020 to approach the Presidency of the Republic to cancel the republican decree appointing Mr. ( Mohammed Rajab Al-Kubaisi ) as an original member of the Federal Court for the reasons mentioned in the book issued by the office of Mr. President The Supreme Judicial Council, as it was decided in the same session to report to the courts all not to work with any decision issued by the Federal Court if the aforementioned judge is a member of its formation because of the incorrectness of its membership, which results in any decision issued by that formation being a decision that is legally null. .
 
As a result, the Federal Court convened on 26/1/2020 and issued the so-called (Decision No. 15 / Federal / 2020), which cannot be considered a judicial decision as it was contrary to the powers stipulated by the court in Article 93 of the Constitution, if it is observed that sources About it in terms of form suggests that it is a decision through which its formality and reasoning and then deciding the validity of the membership of Judge Muhammad Rajab Al-Kubaisi and stipulating that it was issued by agreement, but from a legal point of view the simplest specialists in the law cannot determine that the issuance of the court by the number and date mentioned It is a judicial decision because it was not based on an allegation or request from any person or entity Rather, the president and members of the court met with each other for the purpose of deliberating on matters pertaining to the court as mentioned in the so-called obligations to convene. Can we call a source for it (a deliberative decision)? Is there such a decision in the jurisprudence or constitutional jurisprudence?
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**** Topic Exceeding Readable Content  -  Please Start New Topic ****

 

On 7/24/2019 at 8:42 AM, Adam Montana said:

One more thought before I wrap this up - a lot of our news threads here have exceeded thousands of posts. Those threads will be locked (mods, please help me out here) in an effort to bring the most current news to the attention of those of us interested in reading. If you see a locked thread in the news sections, this does not mean we don't want to continue the conversation! It just means it's time to start a new thread on the topic.

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