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Subject: Complaint against Nouri Kamal al-Maliki, former Prime Minister of Iraq
Mr. Chief Prosecutor in Iraq , the esteemed
gentlemen
10/28/18
led Nuri Kamal al - Maliki , while assuming the presidency of the Council of Ministers on 20 May / May 2006 the text of the constitutional oath the following:
"I swear by God the Almighty to carry outmy legal duties and responsibilities with devotion and integrity and preserve Iraq independence and sovereignty, and safeguard the interests of Its people, its water, its wealth and its democratic federal system, and to safeguard the public and private freedoms and the independence of the judiciary and abide by the application of legislation with honesty and neutrality.
He was sworn in for a second term on November 25, 2010. Under the 2005 Iraqi constitution, Nuri al-Maliki became the commander-in-chief of the Iraqi armed forces.
They did not protect the Iraqi people from its opponents and those who preyed on the people. It did not defend the homeland, and during its existence caused great catastrophes in the Iraqi people, as well as large areas of Iraqi territory and many cities and provinces under the occupation and domination of criminal terrorist forces. And the ensuing invasion, displacement, displacement, displacement and rape of Iraqi women and the sale of thousands of our Yazidi women in the market. In addition, the Sunni-Shiite sectarian strife at the level of government, armed sectarian militias, terrorism, murder on identity and death Widespread corruption throughout the country, corruption and neglect of tens of billions of US dollars, worsening poverty and unemployment, halting the development process in the country, severe shortages of services and the emergence of fictitious projects that cost the state treasury tens of billions of dollars.
Sincerely ,
Dr. Kazem Habib
24/10/2018
text of a complaint , Mr. Rahim Ugaili, a former judge, lawyer Kamel al - Hassani, against former Prime Minister Nuri al - Maliki submitted to the public prosecutor in Iraq , asking his trial on the charges against him:
Mr. Chief Prosecutor in Iraq esteemed ...
m / complaint
demanded to move the complaint: - National Research Center for legal and judicial Studies / Organization of Iraqi civil society - registered in accordance with the law / Amthelھa Aminھa former General judge Rahim Hassan Ugaili and deputy secretary - general lawyer Kamel al - Hassani. / Address: Iraq - Baghdad - Haifa Street.
The accused: - Nuri Kamel al-Maliki / Prime Minister and Commander-in-Chief of the Armed Forces / former - Vice President of the Republic of Iraq. / Address: Iraq - Baghdad International Area - Constitution Street.
Complaint:
The accused (Nuri Kamal al-Maliki) assumed the post of Prime Minister and Commander-in-Chief of the Armed Forces in Iraq between 2006 and 2014. During his rule he committed a number of violations and serious crimes. Whereas the post of Commander-in-Chief of the Armed Forces is a civilian position according to article 9 / (A) of the Constitution, which states: - (The armed forces and security services consist of the components of the Iraqi people ... and are subject to the leadership of the civil authority ..) So there is no legal basis to say that the charges attributed to the Commander-in-Chief of the Armed Forces is the jurisdiction of the military judiciary because it is a civil office, Internal Security Forces and Military Courts Crimes that Ertkpoھa military exclusively, and as the text of the Constitution in Article (93 / VI) of the Federal Supreme Court that specializes in: - (Chapter in accusations directed to the President of the Republic and the Prime Minister and Minister ..
Therefore, we ask for legal action and criminal proceedings against the accused for the following crimes:
First: His crimes as he was the commander-in-chief of the armed forces:
1) The infidelity: In the fall of one-third of Iraq by a terrorist organization, (More than $ 15 billion) left behind by the army when it gave up its defense of the land in the affected provinces and resulted in the killing, wounding, displacement and displacement of millions of citizens and the violation of their right to life and their symptoms and their money and the captivity of women and sell them in markets Nakhas Al-Daash Yeh .
-2
-3
-4 -5
The Spyker Massacre: When thousands of young people (other than the coach) harassed them for electoral purposes and drove them to a camp in Saladin and left them with no training and no weapons to defend themselves and without military justification for their presence there, making them easy prey for a terrorist organization. History of modern Iraq. And the evidence (the file being investigated by the Central Criminal Court in Baghdad).
Committing major massacres against the Iraqi people are genocide and crimes against humanity when hundreds of children, women and protesters were killed as it did in Zarka, Hawija, Falluja and Ramadi. Evidence: - The prosecution of these massacres in the police stations, the justice department and the public prosecution departments in those areas on the assumption that your presidency is subject to it under the Public Prosecution Law No. 159 of 1979.
Committing the massacre in Karbala against Nassar al - Hassani in 2014. (Files in Karbala police station and the courts of investigation and crimes in Karbala.).
(Christians and Yazidis), restricting them to their protection and their inferiority in providing them with the least necessary needs. (Files of the House of Representatives and of national and international civil and religious institutions).
Spreading corruption in the military and security establishment through systematic embezzlement through the satellite channels and the commissioning of contracts for armament contracts, the supply of the army and the internal security forces, the sale of positions and grades that are not due, and the taking of goods.
(Closed and open investigation files within the offices of the public inspectors in the Ministry of Defense, the Ministry of the Interior and the Integrity Commission)
Shed the Baathists on the leadership of the military, security and judicial institutions and shed the sword of ablation on them to ensure their loyalty and not to get out of obedience for the implementation of agendas beyond the law and the Constitution. And the evidence (lists of the eradication and excluded from the ablation of security institutions without the approval of the House of Representatives) other than the law of accountability and justice No. 10 of 2008.
To authorize the appointment of military commanders without nominating their names to the House of Representatives for approval in accordance with the provisions of Article 61 / V / H of the Constitution, in order to ensure that those who disobey him will be removed at any time.
The establishment of security and military institutions and dirty forces that have no basis in the constitution or the law for the control, control and monopoly of governance and militarization of society and the implementation of political agendas such as the Office of the Commander-in-Chief of the Armed Forces and the Anti-Terrorist Organization, which lost hundreds of millions of dollars and contributed significantly to weaken the army and spread corruption It has also created differences between the formations of the armed forces and its violations and breaches have been protected from legal and judicial accountability by direct orders from the accused
. The establishment of the government, the House of Representatives and the International Alliance must be rebuilt in a professional and national manner.
- The deviation of the army building sectarian and exclusionary approach, and its involvement in the political battles and its use against the people. The evidence of the army units deployed in the capital Baghdad and the rest of the Iraqi cities, including from the direction against the Kurdistan region of Iraq .. Article 9 / Of the Constitution, which defined the role of the army to defend Iraq and protect the Iraqi borders from external aggression and banned it to be a tool to suppress the people, and prevented him from interfering in political affairs.
The practice of emergency work without the authorization of the House of Representatives, the administration of the country in crisis, the encroachment on property, public and private roads, roadblocks, restrictions on the freedom of movement and daily searches of persons, arbitrary arrests and violations of human rights, contrary to Article 61 (IX) of the Constitution, Emergency .
- The execution of prisoners and detainees in prisons and detention centers after and after the occupation of Mosul, Salaheddine and Diyala, and the arrest of prisoners and detainees in sectarian order by ambushing the public streets after they were taken out of prison on the pretext of transporting them. (Files of the death cases of prisoners registered in the Ministry of Justice and assuming your presidency according to the Public Prosecution Law ).
- The implementation of arbitrary arrests without judicial orders in many Iraqi provinces, such as the mass detention incident before the Arab summit in Baghdad, and the arrest of more than three thousand men in the visit of the accused to the Mosul before occupation, according to a confirmation in one of his television interviews.
- Enforced disappearances committed systematically against thousands of Iraqis by associated security forces or armed militias
, Killing them and throwing their bodies in the streets or rivers, or hiding them for long periods to deprive them of the protection of the law, which is a violation of the Convention on Enforced Disappearance, which was ratified by Iraq under Law No. 17 of 2010, which considers the enforced disappearance against people a crime against humanity (files and lists kept in formations the judiciary and the Ministry of human rights and Mvudatھa)
- use his powers to stop legal proceedings or immediately dismissed by the judiciary to take legal action against civilian and military leaders Almtھmh criminal offenses against civilians (covered by the files saved in the ministries of Defense and father Cell and the courts of the investigation and misdemeanors and felonies in Iraq , supposedly to inform your presidency Aliھa in accordance withthe Law of Public Prosecutions).
- Use of armed forces in 2012 to threaten the Kurdistan Region - to achieve narrow political gains - in a dangerous precedent contrary to the Constitution, which prevented the intervention of armed forces in political affairs in accordance with Article 9 (I) of the Constitution, which limited the role of armed forces in the defense of Iraq. (The formation of the Tigris forces and the threat of confrontation that took place in July
2012)
Second: - His crimes as Prime Minister: -
Violations of the independence of the judiciary and its interference in its affairs, its use in liquidating its political opponents, the purchase of political positions
, and the granting of patent documents to political loyalists of criminals and corrupts (judicial files against the Governor of the Central Bank and the former Minister of Communications) Judicial Council to the deputy President of the Republic , Dr. Ayad Allawi , the recent declaration of television channels and written evidence, all commands and directives and Alaamamat saved files of the Judicial Council and the General Secretariat of the Council of Ministers)
published the practices of torture and extract confessions under duress in mm ھj and brutal , especially in security - related Palmtھm Actors according to the firm in thereports of solid international organizations are available on the international network.
Open and manage secret prisons in which the worst and most egregious forms of violations in Iraq's modern history take place, according to consistent reports by the House of Representatives and respected international organizations such as Amnesty International, Rice and Wage.
The smuggling of prisoners and detainees from the terrorists in hundreds of Abu Ghraib and other prisons, who returned to occupy a third of Iraq within a month. (
Release of convicted terrorists from the Arabs by including them with or without a special amnesty Kalatonsen, the Philippines, Jordanians, and Saudis, contrary to the provisions of Article 73/1), which prohibited the amnesty for crimes of terrorism in the end . a
moratorium on executions with a number of Alarھabin and Tھrabھm during the months after.. (escape lawsuits sentenced to death registered in the Ministry of Justice records and inform the assumption of your presidency Aliھa in accordance with the Law of public Prosecutions).
And the suppression of peaceful demonstrators in Baghdad, Basra and other provinces in 2011 by using security forces and helicopters
, liquidating some activists (such as Mahdi al-Mahdi) and arranging trumped-up charges against others, as in the case of the four youth accused of forging civil status cards. In those areas' assuming you are informed of your presidency under the Public Prosecution Law).
The establishment of its own militias and its [You must be registered and logged in to see this link.] of state funds, weapons and mechanisms, and granting its members the state's identity to carry out its illegal agendas, contrary to the provisions of the Constitution in article 9 / I-B, which absolutely prohibited the formation of militias (files prepared in the interior, national security and intelligence services).
Disrupting the oversight role of the House of Representatives by refusing to attend for questioning and issuing orders to ministers and military leaders to refrain from attending the Council (according to the official records registered to the House of Representatives in its second session).
- Covering the terrorist crimes and files of corruption that he declared to exist, and preventing their progress to justice under the pretext of preserving the political process, which led to the shedding of more blood of innocent people and state funds, in violation of the provisions of the law and the constitution, all with the intention of using those files to subject the parties and buy political positions. (The case of the international criminal Mishan al-Jubouri and a number of official statements televised or published by means of official and non-official media can be submitted as requested).
- To rig elections and manipulate the will of the electorate by buying their votes through the distribution of gifts, grades and lands as electoral bribes, contrary to the legislation governing the behavior of public funds and the IHEC legislation. Distributed during the electoral period).
- Exploiting the state funds and resources in his election propaganda, publicizing his mass and spending hundreds of billions of the people's money
(asking the complainant to disclose the amount of electoral publicity and comparing it to the disclosure of the financial dues he presented in 2006).
- Arrange with the Electoral Commission to exclude certain candidates and voters (investigation of the files of the Commission for the excluded candidates and winners)
- Distribution of thousands of pieces of state land on relatives and loyalists outside legal frameworks and constitutional powers that stressed the sanctity of public money (Mphaanh General Secretariat of the Council of Ministers / to provide all data on land and property distributed between the period from 2006 to 2014)
- Nھb Real Estate ousted the former regime reserved for the benefit of state manipulation, forgery and recorded the names of loyalists and associates
(files saved between the General Secretariat of the Council of Ministers and Ministry of Finance / Real Estate State and enroll via real estate and the Baghdad Municipality Ahdھa allocated land file belonging to a member of Saddam 's family and allocated to the President of the Judicial Council case J).
- All the files in the General Secretariat and the head of the chancellery of the Prime Minister, the Ministry of Foreign Affairs, the Ministry of Water Resources, the Ministry of Transport, the construction of Mubarak Al Kabir Port, the collusion agreements of Khor Al-Amaya, and the abandonment of the defense of Iraq's water rights. With riparian countries and abandoning them).
- His rejection of the application of the federal democratic system and its initiation of a number of appeals against all legislation issued by the representatives of the people with a view to disrupting the decentralized system and the federal system and the principles of peaceful deliberation by using its authority over the federal court to issue decrees such as the law of determining states, Municipalities and public works (dozens of case files settled by the federal or withdrawn from the court or are still pending).
- Exploiting his influence in empowering his relatives and his son and his country's capabilities, enabling them to blackmail contractors and senior state officials by interfering in ministries' contracts, seizing billions of dollars in commissions, exploiting the state's resources and potentials to achieve special interests and depriving them of their real estate and exercising security, (Files, procedures, administrative pleadings and television interviews with the complainant publicly recognized the role of his son. The Public Prosecution can also approach the Lebanese judiciary on criminal cases registered against his son and some of his close associates, and many of the documents published in the Media sites communicate about the role of his son and his relatives in the intervention of the State Administration and Control Bmphasalھa.
- The theft of half of the oil sold to Jordan through (14) companies registered in Lebanon and (8) companies registered in Jordan, the transfer of Iraqi oil to sell to the Jordanian and steal half of it before his arrival to the Jordan and money laundering companies registered under the name of Ibn al-Maliki or related persons ( And the Lebanese to verify the names and work of the companies registered in the name of Ibn al-Maliki and his relatives)
- Exploitation of his job in the misappropriation of a plane dedicated to the Iraqi state to register in his name contrary to the law.
- The wiretapping of telephone communications, as announced by the Minister of Communications, Mohammed Allawi, more than once on 25/4/2014 on the channel Baghdadiya, a constitutional violation of Article 40 of the Constitution: - (freedom of communications, correspondence, mail, telegram, telephone, electronic and other guaranteed and can not be monitored or Bugging or detecting them.
- Violation of the autonomy of the independent bodies and the use of weak, limited and incompetent figures to be administered by an agency to ensure loyalty and non-obedience, which affected their performance and prevented them from performing their duties, especially in the fight against corruption and the protection of freedom of expression and information. Without returning to the House of Representatives).
- Acquiring the Iraqi Broadcasting and Broadcasting Service (Iraqi Media Network) and using it in the service of its sectarian and dictatorial approach, in order to be unique in authority and covering violations and major violations of the Constitution and laws (all orders and directives issued by the complainant or the offices of the General Secretariat and the House files related to the network after That the complainant's order to isolate the network of information on the control of the House of Representatives other than the constitutional texts and the composition of the Commission).
- Adopted a sectarian trend that left a great gap in the social ladder and promoted violence through his theory of the descendants of al-Husayn and more
(Article 2 (4) of the Terrorism Law No. 13 of 2005 applies to him).
- Expropriation of the independence of the Supreme National Commission for Accountability and Justice, and use the file of the eradication of the definition of opponents and exclusion of senior Baathists for use against the people and political opponents without taking the approval of the House of Representatives according to the law of accountability and justice.
- The administration of the highest positions in the state proxy (the ministries of security - heads of independent bodies - agents of the ministries - the leaders of the army - parties not associated with Bozars Kamanah Baghdad) to prevent the House of Representatives to perform its role in the approval of those jobs, and enable him to remove those who obeyed him and his use of personalities Incompetent or corrupt other than the constitutional text.
- Taking over the media and communications authority and confiscating it for its independence and its use in confiscating the freedom of opinion and expression and the freedom of the media, by closing the satellite channels critical of its sectarian and dictatorial performance.
- The purchase of debts, satellite channels and media pens that corrupt the state funds to[You must be registered and logged in to see this link.] its uniqueness in the authority and its sectarian approach in the administration of the state
. (Exceeding the Council of Ministers to limit the funds spent on the official media that ridiculed the personal media of the accused and his political bloc
) Billion US dollars of Iraq's money without achieving a single achievement, not at the level of security and economic and services. (Request for disclosure from the Ministry of Finance and revealed the projects completed in 15 Iraqi provinces during the period of his presidency of the Council of Ministers.).
- His inability and failure to manage the state, which caused a great inability for the state institutions to provide services to citizens, no electricity, no water, no security, no justice, no health, no education, no sewage, despite the handing over of explosive budgets, most of which he and his followers and those close to him stole (identical between the government program which he swore to implement) In the last state and the reality of the security and service institutions)
- spending hundreds of billions of dollars outside the framework of the state budget and without legal authorization to test it, which led to the bankruptcy of the state treasury. (Review of the operational budget file for 2014).
- Dismantling all investment opportunities for the construction and reconstruction of Iraq and expelling foreign investment capital through the corrupt administration in the concerned institutions and enabling its close associates and financiers to blackmail investors to participate in their projects or to impose their duties on them. Investment in Basmaya residential project in accordance with the investment law in force)
- Adopting the policy of obstructing the supervisory work on the work of the executive authority under the pretext of hindering the reconstruction and construction efforts by striking the control system, demobilizing most experienced and competent public inspectors, floating the integrity committee and using it to target the political opponents and granting the patent documents to the corrupt loyalists. And his followers and his relatives and his son. (Review of all files closed by the Integrity Commission between 2011-2014 and search for reasons for the cancellation of hotlines, and use the files of the offices of inspectors in the Iraqi ministries)
- Violation of international conventions and Iraq's commitments to the United Nations and the international community when targeted by the killing and displacement of refugees in Iraq from the Mujahedeen and the killing of many of them. (The file of the Mujahedin Khalq, located in the Office of the Commander-in-Chief of the former armed forces, the National Security Agency, the Intelligence Ministry and the Ministry of Defense) That there are a number of international criminal cases being handled by European and American courts that can provide copies of these cases to your presidency).
- Disrupting the implementation of the general census of the population in violation of the law and the Constitution (as evidenced by the decision of the Federal Court No. 69 of 2009 which it considered to be contrary to the law and its insistence on not implementing the law and its refusal to implement the court decision).
- Exploitation of his position in preventing the implementation of the provisions of the Constitution and the law of the formation of regions when preventing the fulfillment of the demands of the Western provinces and the province of Salah al-Din and Basra to form regions in their governorates, contrary to the Constitution and laws. (Files of requests of the province held in the Ministry of State for Provincial Affairs and the Office of the Secretariat of the Council of Ministers).
- Cooperation and complicity with the President of the Judicial Council and the President of the Federal Supreme Court by deliberately disabling legislation that corrects the status and formations of the judiciary in accordance with the constitutional requirements by addressing the offices of the accused to the House of Representatives to withdraw the draft laws relating to the Law of the Council of the Judiciary and the Federal Supreme Court while passing all the necessary administrative and functional amendments The President of the Federal Court of some judicial elements, including draft extensions law and the amendment of the extension of the members of the Court of Cassation.
The constitutional oath: - In accordance with article 50 of the Constitution, he has vowed to preserve the independence and sovereignty of Iraq and to safeguard its interests and to preserve its territorial integrity, security, quality and wealth, to safeguard the freedoms and independence of the judiciary and to abide by the application of legislation in confidence. The right, according to the following: -
Contradicted by his oath to preserve Iraq's sovereignty, independence and territorial integrity when a terrorist organization occupied one-third of its land.
He broke his oath to preserve the fortunes of Iraq when he lost 800 billion dollars without any real fruit.
He violated his oath by working in the independence of the judiciary when he intervened in his affairs and used it to conspire and make black files for political opponents, and to grant the acquittals to loyalists, terrorists and corrupts.
- Violation of the Constitution and the disruption of its provisions: - In addition to the violations mentioned in the above crimes, the accused committed the following additional constitutional violations: -
First: - Failure to put in place an internal system of the Council of Ministers in contravention of the provisions of Article 85: - (The Council of Ministers shall establish an internal system to regulate the course of work therein) Second: - Disrupting the legislative role of the Council of Representatives and interfering with its oversight role: - By insisting that the House of Representatives can not The law is issued only by a draft law that is rejected by the executive branch exclusively. He is unable to make any amendments to the draft laws without the approval of the executive authority, and to challenge any law that he does not like before a court - subjecting him to intimidation, intimidation, gifts and privileges - to repeal such laws whenever he wishes. And prevented any executive from going to the House of Representatives without permission, and refused to go to ministers wanted to be questioned about irregularities and corruption, including the Minister of Youth and Sports and Minister of Higher Education and security leaders and others. Article (61 / VII-C) of the Constitution.
Third: - The draft laws required by the Constitution (58) are not required to be legislated despite the insistence on preventing the House of Representatives from enacting legislation except through a draft of it, which has hampered most of the provisions of the constitution because there are no laws to regulate them, including the law of the trial of the President of the Republic, the Prime Minister, And the law of the Commission for the Protection of the Rights of Regions and Governorates and the Law of the Federal Import Control Commission. And disabling the implementation of the laws in force: - Maliki has broken many laws, although he was appointed in his office to implement the laws and the most important public service law and customs tariff law and the law of salaries of the Council of Ministers and the Unified Retirement Law issued in 2006.
Fourthly, he is involved in interfering in the administrative and financial affairs of the judicial authority, which the constitution provides for its financial independence related to the House of Representatives (the budgets and the functions and functions of the judicial authority which are arranged between the administrative and financial department of the Judicial Council and the General Secretariat of the Council of Ministers)
Fourth: The establishment of secret prisons and the placement of detainees: - Prison of honor and other dozens of prisons in the Ministry of Interior and the brigades and military barracks contrary to Article (19 / XII - [You must be registered and logged in to see this image.] of the Constitution: - (No detention or arrest in other than the competent places ...). And the widespread methodical torture of detainees in order to extract confessions from them or in retaliation for sectarian or authoritarian reasons: - Contrary to the provisions of Article 37 / I - ???? - (All kinds of psychological and physical torture and inhuman treatment are prohibited ...). : - a practice followed by the security forces in a manner contrary to the Constitution orders directly from Maliki Within the Green Zone, contrary to the provisions of Article 17 / II: - (The inviolability of dwellings is protected and may not be entered, searched or exposed except by judicial decision and in accordance with the law). Arbitrary detentions without judicial decisions In violation of Article 37 / :
Fifth: - Restricting the right to peaceful protest, suppressing the demonstrators and confiscating the freedom of the media, contrary to the provisions of Article 38 / II: - The State shall ensure that it does not disturb the public order and literature: Second: Freedom of the press, printing, advertising, Peaceful and regulated by law).
Sixth: - Failure to submit the final account of the House of Representatives contrary to the text of Article (62) of the Constitution: - (First: - The Council of Ministers submit draft budget law and the final account to the House of Representatives for approval.).
Seventh: Intervention in the Central Bank and the removal of its President, contrary to Article (103) of the Constitution.
Eighth: Failure to respect the balance of the armed forces among the components of the Iraqi people: - Contrary to the text of Article (9 / I - A): - (consist of the armed forces and security services of the components of the Iraqi people to take into account balance and similarity without discrimination or exclusion ...).
Ninth: - Preventing the provinces from exercising their constitutional powers on the principle of administrative decentralization and insisting on the tools of central government in contravention of Article (122 / II) of the Constitution: - The governorates that have not been organized in the province shall be granted broad administrative powers to manage their affairs according to the principle of decentralization Admin ...).
The Executive Authority shall take the necessary steps to complete the implementation of the requirements of Article (58) of the State Administration Law ... Second: The executive authority shall take the necessary steps to complete the implementation of the requirements of Article (58) of the State Administration Law. And the completion of a referendum in Kirkuk and other disputed areas to determine the will of its citizens (in the maximum period of December 31, two thousand and seven), and did not accomplish anything to resolve the bomb that may be carried out to inflame Iraq In spite of the strict constitutional mandate H.
Since all of the above are actions that constitute the most serious crimes and violations committed against the Iraqi constitutional and legal system born after 2003, which is one of the worst forms of violations of human rights and corruption and exploitation of influence and position, so we ask your presidency to carry out its legal duties
- In accordance with the provisions of Article (2 / First) of the Public Prosecution Law No. 159 of 1979 amended - considering the movement of criminal complaints against the accused Nuri Kamal al-Maliki for the above crimes. And asked for legal action against him and the right of those involved in committing, assisted or contributed to, and asked to issue an order to prevent their travel, arrest them all and arrest them immediately.
Your appreciation and respect.
Lawyer Kamel Al-Hassani Former Judge Rahim Hassan Al-Okaili Deputy Secretary-General Secretary of the National Center for Legal and Judicial Research and Studies
[You must be registered and logged in to see this link.]
Mr. Chief Prosecutor in Iraq , the esteemed
gentlemen
10/28/18
led Nuri Kamal al - Maliki , while assuming the presidency of the Council of Ministers on 20 May / May 2006 the text of the constitutional oath the following:
"I swear by God the Almighty to carry outmy legal duties and responsibilities with devotion and integrity and preserve Iraq independence and sovereignty, and safeguard the interests of Its people, its water, its wealth and its democratic federal system, and to safeguard the public and private freedoms and the independence of the judiciary and abide by the application of legislation with honesty and neutrality.
He was sworn in for a second term on November 25, 2010. Under the 2005 Iraqi constitution, Nuri al-Maliki became the commander-in-chief of the Iraqi armed forces.
They did not protect the Iraqi people from its opponents and those who preyed on the people. It did not defend the homeland, and during its existence caused great catastrophes in the Iraqi people, as well as large areas of Iraqi territory and many cities and provinces under the occupation and domination of criminal terrorist forces. And the ensuing invasion, displacement, displacement, displacement and rape of Iraqi women and the sale of thousands of our Yazidi women in the market. In addition, the Sunni-Shiite sectarian strife at the level of government, armed sectarian militias, terrorism, murder on identity and death Widespread corruption throughout the country, corruption and neglect of tens of billions of US dollars, worsening poverty and unemployment, halting the development process in the country, severe shortages of services and the emergence of fictitious projects that cost the state treasury tens of billions of dollars.
Sincerely ,
Dr. Kazem Habib
24/10/2018
text of a complaint , Mr. Rahim Ugaili, a former judge, lawyer Kamel al - Hassani, against former Prime Minister Nuri al - Maliki submitted to the public prosecutor in Iraq , asking his trial on the charges against him:
Mr. Chief Prosecutor in Iraq esteemed ...
m / complaint
demanded to move the complaint: - National Research Center for legal and judicial Studies / Organization of Iraqi civil society - registered in accordance with the law / Amthelھa Aminھa former General judge Rahim Hassan Ugaili and deputy secretary - general lawyer Kamel al - Hassani. / Address: Iraq - Baghdad - Haifa Street.
The accused: - Nuri Kamel al-Maliki / Prime Minister and Commander-in-Chief of the Armed Forces / former - Vice President of the Republic of Iraq. / Address: Iraq - Baghdad International Area - Constitution Street.
Complaint:
The accused (Nuri Kamal al-Maliki) assumed the post of Prime Minister and Commander-in-Chief of the Armed Forces in Iraq between 2006 and 2014. During his rule he committed a number of violations and serious crimes. Whereas the post of Commander-in-Chief of the Armed Forces is a civilian position according to article 9 / (A) of the Constitution, which states: - (The armed forces and security services consist of the components of the Iraqi people ... and are subject to the leadership of the civil authority ..) So there is no legal basis to say that the charges attributed to the Commander-in-Chief of the Armed Forces is the jurisdiction of the military judiciary because it is a civil office, Internal Security Forces and Military Courts Crimes that Ertkpoھa military exclusively, and as the text of the Constitution in Article (93 / VI) of the Federal Supreme Court that specializes in: - (Chapter in accusations directed to the President of the Republic and the Prime Minister and Minister ..
Therefore, we ask for legal action and criminal proceedings against the accused for the following crimes:
First: His crimes as he was the commander-in-chief of the armed forces:
1) The infidelity: In the fall of one-third of Iraq by a terrorist organization, (More than $ 15 billion) left behind by the army when it gave up its defense of the land in the affected provinces and resulted in the killing, wounding, displacement and displacement of millions of citizens and the violation of their right to life and their symptoms and their money and the captivity of women and sell them in markets Nakhas Al-Daash Yeh .
-2
-3
-4 -5
The Spyker Massacre: When thousands of young people (other than the coach) harassed them for electoral purposes and drove them to a camp in Saladin and left them with no training and no weapons to defend themselves and without military justification for their presence there, making them easy prey for a terrorist organization. History of modern Iraq. And the evidence (the file being investigated by the Central Criminal Court in Baghdad).
Committing major massacres against the Iraqi people are genocide and crimes against humanity when hundreds of children, women and protesters were killed as it did in Zarka, Hawija, Falluja and Ramadi. Evidence: - The prosecution of these massacres in the police stations, the justice department and the public prosecution departments in those areas on the assumption that your presidency is subject to it under the Public Prosecution Law No. 159 of 1979.
Committing the massacre in Karbala against Nassar al - Hassani in 2014. (Files in Karbala police station and the courts of investigation and crimes in Karbala.).
(Christians and Yazidis), restricting them to their protection and their inferiority in providing them with the least necessary needs. (Files of the House of Representatives and of national and international civil and religious institutions).
Spreading corruption in the military and security establishment through systematic embezzlement through the satellite channels and the commissioning of contracts for armament contracts, the supply of the army and the internal security forces, the sale of positions and grades that are not due, and the taking of goods.
(Closed and open investigation files within the offices of the public inspectors in the Ministry of Defense, the Ministry of the Interior and the Integrity Commission)
Shed the Baathists on the leadership of the military, security and judicial institutions and shed the sword of ablation on them to ensure their loyalty and not to get out of obedience for the implementation of agendas beyond the law and the Constitution. And the evidence (lists of the eradication and excluded from the ablation of security institutions without the approval of the House of Representatives) other than the law of accountability and justice No. 10 of 2008.
To authorize the appointment of military commanders without nominating their names to the House of Representatives for approval in accordance with the provisions of Article 61 / V / H of the Constitution, in order to ensure that those who disobey him will be removed at any time.
The establishment of security and military institutions and dirty forces that have no basis in the constitution or the law for the control, control and monopoly of governance and militarization of society and the implementation of political agendas such as the Office of the Commander-in-Chief of the Armed Forces and the Anti-Terrorist Organization, which lost hundreds of millions of dollars and contributed significantly to weaken the army and spread corruption It has also created differences between the formations of the armed forces and its violations and breaches have been protected from legal and judicial accountability by direct orders from the accused
. The establishment of the government, the House of Representatives and the International Alliance must be rebuilt in a professional and national manner.
- The deviation of the army building sectarian and exclusionary approach, and its involvement in the political battles and its use against the people. The evidence of the army units deployed in the capital Baghdad and the rest of the Iraqi cities, including from the direction against the Kurdistan region of Iraq .. Article 9 / Of the Constitution, which defined the role of the army to defend Iraq and protect the Iraqi borders from external aggression and banned it to be a tool to suppress the people, and prevented him from interfering in political affairs.
The practice of emergency work without the authorization of the House of Representatives, the administration of the country in crisis, the encroachment on property, public and private roads, roadblocks, restrictions on the freedom of movement and daily searches of persons, arbitrary arrests and violations of human rights, contrary to Article 61 (IX) of the Constitution, Emergency .
- The execution of prisoners and detainees in prisons and detention centers after and after the occupation of Mosul, Salaheddine and Diyala, and the arrest of prisoners and detainees in sectarian order by ambushing the public streets after they were taken out of prison on the pretext of transporting them. (Files of the death cases of prisoners registered in the Ministry of Justice and assuming your presidency according to the Public Prosecution Law ).
- The implementation of arbitrary arrests without judicial orders in many Iraqi provinces, such as the mass detention incident before the Arab summit in Baghdad, and the arrest of more than three thousand men in the visit of the accused to the Mosul before occupation, according to a confirmation in one of his television interviews.
- Enforced disappearances committed systematically against thousands of Iraqis by associated security forces or armed militias
, Killing them and throwing their bodies in the streets or rivers, or hiding them for long periods to deprive them of the protection of the law, which is a violation of the Convention on Enforced Disappearance, which was ratified by Iraq under Law No. 17 of 2010, which considers the enforced disappearance against people a crime against humanity (files and lists kept in formations the judiciary and the Ministry of human rights and Mvudatھa)
- use his powers to stop legal proceedings or immediately dismissed by the judiciary to take legal action against civilian and military leaders Almtھmh criminal offenses against civilians (covered by the files saved in the ministries of Defense and father Cell and the courts of the investigation and misdemeanors and felonies in Iraq , supposedly to inform your presidency Aliھa in accordance withthe Law of Public Prosecutions).
- Use of armed forces in 2012 to threaten the Kurdistan Region - to achieve narrow political gains - in a dangerous precedent contrary to the Constitution, which prevented the intervention of armed forces in political affairs in accordance with Article 9 (I) of the Constitution, which limited the role of armed forces in the defense of Iraq. (The formation of the Tigris forces and the threat of confrontation that took place in July
2012)
Second: - His crimes as Prime Minister: -
Violations of the independence of the judiciary and its interference in its affairs, its use in liquidating its political opponents, the purchase of political positions
, and the granting of patent documents to political loyalists of criminals and corrupts (judicial files against the Governor of the Central Bank and the former Minister of Communications) Judicial Council to the deputy President of the Republic , Dr. Ayad Allawi , the recent declaration of television channels and written evidence, all commands and directives and Alaamamat saved files of the Judicial Council and the General Secretariat of the Council of Ministers)
published the practices of torture and extract confessions under duress in mm ھj and brutal , especially in security - related Palmtھm Actors according to the firm in thereports of solid international organizations are available on the international network.
Open and manage secret prisons in which the worst and most egregious forms of violations in Iraq's modern history take place, according to consistent reports by the House of Representatives and respected international organizations such as Amnesty International, Rice and Wage.
The smuggling of prisoners and detainees from the terrorists in hundreds of Abu Ghraib and other prisons, who returned to occupy a third of Iraq within a month. (
Release of convicted terrorists from the Arabs by including them with or without a special amnesty Kalatonsen, the Philippines, Jordanians, and Saudis, contrary to the provisions of Article 73/1), which prohibited the amnesty for crimes of terrorism in the end . a
moratorium on executions with a number of Alarھabin and Tھrabھm during the months after.. (escape lawsuits sentenced to death registered in the Ministry of Justice records and inform the assumption of your presidency Aliھa in accordance with the Law of public Prosecutions).
And the suppression of peaceful demonstrators in Baghdad, Basra and other provinces in 2011 by using security forces and helicopters
, liquidating some activists (such as Mahdi al-Mahdi) and arranging trumped-up charges against others, as in the case of the four youth accused of forging civil status cards. In those areas' assuming you are informed of your presidency under the Public Prosecution Law).
The establishment of its own militias and its [You must be registered and logged in to see this link.] of state funds, weapons and mechanisms, and granting its members the state's identity to carry out its illegal agendas, contrary to the provisions of the Constitution in article 9 / I-B, which absolutely prohibited the formation of militias (files prepared in the interior, national security and intelligence services).
Disrupting the oversight role of the House of Representatives by refusing to attend for questioning and issuing orders to ministers and military leaders to refrain from attending the Council (according to the official records registered to the House of Representatives in its second session).
- Covering the terrorist crimes and files of corruption that he declared to exist, and preventing their progress to justice under the pretext of preserving the political process, which led to the shedding of more blood of innocent people and state funds, in violation of the provisions of the law and the constitution, all with the intention of using those files to subject the parties and buy political positions. (The case of the international criminal Mishan al-Jubouri and a number of official statements televised or published by means of official and non-official media can be submitted as requested).
- To rig elections and manipulate the will of the electorate by buying their votes through the distribution of gifts, grades and lands as electoral bribes, contrary to the legislation governing the behavior of public funds and the IHEC legislation. Distributed during the electoral period).
- Exploiting the state funds and resources in his election propaganda, publicizing his mass and spending hundreds of billions of the people's money
(asking the complainant to disclose the amount of electoral publicity and comparing it to the disclosure of the financial dues he presented in 2006).
- Arrange with the Electoral Commission to exclude certain candidates and voters (investigation of the files of the Commission for the excluded candidates and winners)
- Distribution of thousands of pieces of state land on relatives and loyalists outside legal frameworks and constitutional powers that stressed the sanctity of public money (Mphaanh General Secretariat of the Council of Ministers / to provide all data on land and property distributed between the period from 2006 to 2014)
- Nھb Real Estate ousted the former regime reserved for the benefit of state manipulation, forgery and recorded the names of loyalists and associates
(files saved between the General Secretariat of the Council of Ministers and Ministry of Finance / Real Estate State and enroll via real estate and the Baghdad Municipality Ahdھa allocated land file belonging to a member of Saddam 's family and allocated to the President of the Judicial Council case J).
- All the files in the General Secretariat and the head of the chancellery of the Prime Minister, the Ministry of Foreign Affairs, the Ministry of Water Resources, the Ministry of Transport, the construction of Mubarak Al Kabir Port, the collusion agreements of Khor Al-Amaya, and the abandonment of the defense of Iraq's water rights. With riparian countries and abandoning them).
- His rejection of the application of the federal democratic system and its initiation of a number of appeals against all legislation issued by the representatives of the people with a view to disrupting the decentralized system and the federal system and the principles of peaceful deliberation by using its authority over the federal court to issue decrees such as the law of determining states, Municipalities and public works (dozens of case files settled by the federal or withdrawn from the court or are still pending).
- Exploiting his influence in empowering his relatives and his son and his country's capabilities, enabling them to blackmail contractors and senior state officials by interfering in ministries' contracts, seizing billions of dollars in commissions, exploiting the state's resources and potentials to achieve special interests and depriving them of their real estate and exercising security, (Files, procedures, administrative pleadings and television interviews with the complainant publicly recognized the role of his son. The Public Prosecution can also approach the Lebanese judiciary on criminal cases registered against his son and some of his close associates, and many of the documents published in the Media sites communicate about the role of his son and his relatives in the intervention of the State Administration and Control Bmphasalھa.
- The theft of half of the oil sold to Jordan through (14) companies registered in Lebanon and (8) companies registered in Jordan, the transfer of Iraqi oil to sell to the Jordanian and steal half of it before his arrival to the Jordan and money laundering companies registered under the name of Ibn al-Maliki or related persons ( And the Lebanese to verify the names and work of the companies registered in the name of Ibn al-Maliki and his relatives)
- Exploitation of his job in the misappropriation of a plane dedicated to the Iraqi state to register in his name contrary to the law.
- The wiretapping of telephone communications, as announced by the Minister of Communications, Mohammed Allawi, more than once on 25/4/2014 on the channel Baghdadiya, a constitutional violation of Article 40 of the Constitution: - (freedom of communications, correspondence, mail, telegram, telephone, electronic and other guaranteed and can not be monitored or Bugging or detecting them.
- Violation of the autonomy of the independent bodies and the use of weak, limited and incompetent figures to be administered by an agency to ensure loyalty and non-obedience, which affected their performance and prevented them from performing their duties, especially in the fight against corruption and the protection of freedom of expression and information. Without returning to the House of Representatives).
- Acquiring the Iraqi Broadcasting and Broadcasting Service (Iraqi Media Network) and using it in the service of its sectarian and dictatorial approach, in order to be unique in authority and covering violations and major violations of the Constitution and laws (all orders and directives issued by the complainant or the offices of the General Secretariat and the House files related to the network after That the complainant's order to isolate the network of information on the control of the House of Representatives other than the constitutional texts and the composition of the Commission).
- Adopted a sectarian trend that left a great gap in the social ladder and promoted violence through his theory of the descendants of al-Husayn and more
(Article 2 (4) of the Terrorism Law No. 13 of 2005 applies to him).
- Expropriation of the independence of the Supreme National Commission for Accountability and Justice, and use the file of the eradication of the definition of opponents and exclusion of senior Baathists for use against the people and political opponents without taking the approval of the House of Representatives according to the law of accountability and justice.
- The administration of the highest positions in the state proxy (the ministries of security - heads of independent bodies - agents of the ministries - the leaders of the army - parties not associated with Bozars Kamanah Baghdad) to prevent the House of Representatives to perform its role in the approval of those jobs, and enable him to remove those who obeyed him and his use of personalities Incompetent or corrupt other than the constitutional text.
- Taking over the media and communications authority and confiscating it for its independence and its use in confiscating the freedom of opinion and expression and the freedom of the media, by closing the satellite channels critical of its sectarian and dictatorial performance.
- The purchase of debts, satellite channels and media pens that corrupt the state funds to[You must be registered and logged in to see this link.] its uniqueness in the authority and its sectarian approach in the administration of the state
. (Exceeding the Council of Ministers to limit the funds spent on the official media that ridiculed the personal media of the accused and his political bloc
) Billion US dollars of Iraq's money without achieving a single achievement, not at the level of security and economic and services. (Request for disclosure from the Ministry of Finance and revealed the projects completed in 15 Iraqi provinces during the period of his presidency of the Council of Ministers.).
- His inability and failure to manage the state, which caused a great inability for the state institutions to provide services to citizens, no electricity, no water, no security, no justice, no health, no education, no sewage, despite the handing over of explosive budgets, most of which he and his followers and those close to him stole (identical between the government program which he swore to implement) In the last state and the reality of the security and service institutions)
- spending hundreds of billions of dollars outside the framework of the state budget and without legal authorization to test it, which led to the bankruptcy of the state treasury. (Review of the operational budget file for 2014).
- Dismantling all investment opportunities for the construction and reconstruction of Iraq and expelling foreign investment capital through the corrupt administration in the concerned institutions and enabling its close associates and financiers to blackmail investors to participate in their projects or to impose their duties on them. Investment in Basmaya residential project in accordance with the investment law in force)
- Adopting the policy of obstructing the supervisory work on the work of the executive authority under the pretext of hindering the reconstruction and construction efforts by striking the control system, demobilizing most experienced and competent public inspectors, floating the integrity committee and using it to target the political opponents and granting the patent documents to the corrupt loyalists. And his followers and his relatives and his son. (Review of all files closed by the Integrity Commission between 2011-2014 and search for reasons for the cancellation of hotlines, and use the files of the offices of inspectors in the Iraqi ministries)
- Violation of international conventions and Iraq's commitments to the United Nations and the international community when targeted by the killing and displacement of refugees in Iraq from the Mujahedeen and the killing of many of them. (The file of the Mujahedin Khalq, located in the Office of the Commander-in-Chief of the former armed forces, the National Security Agency, the Intelligence Ministry and the Ministry of Defense) That there are a number of international criminal cases being handled by European and American courts that can provide copies of these cases to your presidency).
- Disrupting the implementation of the general census of the population in violation of the law and the Constitution (as evidenced by the decision of the Federal Court No. 69 of 2009 which it considered to be contrary to the law and its insistence on not implementing the law and its refusal to implement the court decision).
- Exploitation of his position in preventing the implementation of the provisions of the Constitution and the law of the formation of regions when preventing the fulfillment of the demands of the Western provinces and the province of Salah al-Din and Basra to form regions in their governorates, contrary to the Constitution and laws. (Files of requests of the province held in the Ministry of State for Provincial Affairs and the Office of the Secretariat of the Council of Ministers).
- Cooperation and complicity with the President of the Judicial Council and the President of the Federal Supreme Court by deliberately disabling legislation that corrects the status and formations of the judiciary in accordance with the constitutional requirements by addressing the offices of the accused to the House of Representatives to withdraw the draft laws relating to the Law of the Council of the Judiciary and the Federal Supreme Court while passing all the necessary administrative and functional amendments The President of the Federal Court of some judicial elements, including draft extensions law and the amendment of the extension of the members of the Court of Cassation.
The constitutional oath: - In accordance with article 50 of the Constitution, he has vowed to preserve the independence and sovereignty of Iraq and to safeguard its interests and to preserve its territorial integrity, security, quality and wealth, to safeguard the freedoms and independence of the judiciary and to abide by the application of legislation in confidence. The right, according to the following: -
Contradicted by his oath to preserve Iraq's sovereignty, independence and territorial integrity when a terrorist organization occupied one-third of its land.
He broke his oath to preserve the fortunes of Iraq when he lost 800 billion dollars without any real fruit.
He violated his oath by working in the independence of the judiciary when he intervened in his affairs and used it to conspire and make black files for political opponents, and to grant the acquittals to loyalists, terrorists and corrupts.
- Violation of the Constitution and the disruption of its provisions: - In addition to the violations mentioned in the above crimes, the accused committed the following additional constitutional violations: -
First: - Failure to put in place an internal system of the Council of Ministers in contravention of the provisions of Article 85: - (The Council of Ministers shall establish an internal system to regulate the course of work therein) Second: - Disrupting the legislative role of the Council of Representatives and interfering with its oversight role: - By insisting that the House of Representatives can not The law is issued only by a draft law that is rejected by the executive branch exclusively. He is unable to make any amendments to the draft laws without the approval of the executive authority, and to challenge any law that he does not like before a court - subjecting him to intimidation, intimidation, gifts and privileges - to repeal such laws whenever he wishes. And prevented any executive from going to the House of Representatives without permission, and refused to go to ministers wanted to be questioned about irregularities and corruption, including the Minister of Youth and Sports and Minister of Higher Education and security leaders and others. Article (61 / VII-C) of the Constitution.
Third: - The draft laws required by the Constitution (58) are not required to be legislated despite the insistence on preventing the House of Representatives from enacting legislation except through a draft of it, which has hampered most of the provisions of the constitution because there are no laws to regulate them, including the law of the trial of the President of the Republic, the Prime Minister, And the law of the Commission for the Protection of the Rights of Regions and Governorates and the Law of the Federal Import Control Commission. And disabling the implementation of the laws in force: - Maliki has broken many laws, although he was appointed in his office to implement the laws and the most important public service law and customs tariff law and the law of salaries of the Council of Ministers and the Unified Retirement Law issued in 2006.
Fourthly, he is involved in interfering in the administrative and financial affairs of the judicial authority, which the constitution provides for its financial independence related to the House of Representatives (the budgets and the functions and functions of the judicial authority which are arranged between the administrative and financial department of the Judicial Council and the General Secretariat of the Council of Ministers)
Fourth: The establishment of secret prisons and the placement of detainees: - Prison of honor and other dozens of prisons in the Ministry of Interior and the brigades and military barracks contrary to Article (19 / XII - [You must be registered and logged in to see this image.] of the Constitution: - (No detention or arrest in other than the competent places ...). And the widespread methodical torture of detainees in order to extract confessions from them or in retaliation for sectarian or authoritarian reasons: - Contrary to the provisions of Article 37 / I - ???? - (All kinds of psychological and physical torture and inhuman treatment are prohibited ...). : - a practice followed by the security forces in a manner contrary to the Constitution orders directly from Maliki Within the Green Zone, contrary to the provisions of Article 17 / II: - (The inviolability of dwellings is protected and may not be entered, searched or exposed except by judicial decision and in accordance with the law). Arbitrary detentions without judicial decisions In violation of Article 37 / :
Fifth: - Restricting the right to peaceful protest, suppressing the demonstrators and confiscating the freedom of the media, contrary to the provisions of Article 38 / II: - The State shall ensure that it does not disturb the public order and literature: Second: Freedom of the press, printing, advertising, Peaceful and regulated by law).
Sixth: - Failure to submit the final account of the House of Representatives contrary to the text of Article (62) of the Constitution: - (First: - The Council of Ministers submit draft budget law and the final account to the House of Representatives for approval.).
Seventh: Intervention in the Central Bank and the removal of its President, contrary to Article (103) of the Constitution.
Eighth: Failure to respect the balance of the armed forces among the components of the Iraqi people: - Contrary to the text of Article (9 / I - A): - (consist of the armed forces and security services of the components of the Iraqi people to take into account balance and similarity without discrimination or exclusion ...).
Ninth: - Preventing the provinces from exercising their constitutional powers on the principle of administrative decentralization and insisting on the tools of central government in contravention of Article (122 / II) of the Constitution: - The governorates that have not been organized in the province shall be granted broad administrative powers to manage their affairs according to the principle of decentralization Admin ...).
The Executive Authority shall take the necessary steps to complete the implementation of the requirements of Article (58) of the State Administration Law ... Second: The executive authority shall take the necessary steps to complete the implementation of the requirements of Article (58) of the State Administration Law. And the completion of a referendum in Kirkuk and other disputed areas to determine the will of its citizens (in the maximum period of December 31, two thousand and seven), and did not accomplish anything to resolve the bomb that may be carried out to inflame Iraq In spite of the strict constitutional mandate H.
Since all of the above are actions that constitute the most serious crimes and violations committed against the Iraqi constitutional and legal system born after 2003, which is one of the worst forms of violations of human rights and corruption and exploitation of influence and position, so we ask your presidency to carry out its legal duties
- In accordance with the provisions of Article (2 / First) of the Public Prosecution Law No. 159 of 1979 amended - considering the movement of criminal complaints against the accused Nuri Kamal al-Maliki for the above crimes. And asked for legal action against him and the right of those involved in committing, assisted or contributed to, and asked to issue an order to prevent their travel, arrest them all and arrest them immediately.
Your appreciation and respect.
Lawyer Kamel Al-Hassani Former Judge Rahim Hassan Al-Okaili Deputy Secretary-General Secretary of the National Center for Legal and Judicial Research and Studies
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