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[rtl]Date of release: 2019/6/8 11:32 • 227 times read[/rtl]
The legal expert Tariq Harb said that the call by some European countries to form an international tribunal for the prosecution of foreign fugitives in Iraq "is invalid and contradicts with the Iraqi constitution.
"This invitation is void because it contradicts the Iraqi constitution, which does not allow the confiscation of Iraqi jurisdiction to those who committed a crime against Iraq, and it also deprives Iraq of any special legal privileges governed by the Iraqi constitution and law," Harb said in a press statement.
He added that "the concept of the International Tribunal means that its provisions are not subject to Iraqi law where there is no appeal, no discrimination and no death sentences and therefore the President's approval of the death sentences as a condition for their implementation and no right to the Ministry of Justice to implement," noting that "Iraq and under the Constitution and laws in force can not waive For the commission of a crime against him where the Iraqi judiciary applies here alone without the participation of anyone else. "
"Why have not they been tried in France as long as they are keen on a certain pattern of justice if we take into account their objections to the death penalty?" He asked. "The French did not even send defense lawyers, but they want to promote the concept of freedom as they defend the death penalty. Are under Iraqi law and can not be waived in light of the growing wave of terrorism. "
He pointed out that the war «Da'achi] as long as committing a crime inside Iraq, it is prosecuted under the jurisdiction of Iraq, while (Aldashi) who did not commit a crime in Iraq, nothing to us."
The French Justice Minister Nicole Beloube, had earlier confirmed that it discussed with countries European {hypothesis} formation of an international tribunal in Iraq to try foreign terrorists in a sympathetic organization.
The French minister said in a statement that "this hypothesis put forward at the level of European with a number of my colleagues, ministers of Interior and Justice," explaining that "these discussions are conducted within the framework of the {Vendome}, which includes the special ministers of justice German, Spanish and Italian."
The French justice minister stressed that the court is only a "working hypothesis".
She added that these "international tribunal" will be established "in the place, not in Syria most likely, perhaps in Iraq," noting that it can work with the participation of "European, French and Iraqi judges," but said a number of "difficulties", adding " The approval of the Iraqi state, and put conditions, especially the requirement of the death penalty to be banned. "
"We have repeatedly told the Iraqi state that the death penalty can not be applied," Beloube said.
"There are ongoing discussions ... we are vigilant not to carry out the death penalty for those we bear responsibility for."
Eleven French nationals arrested in Syria and tried in Iraq for belonging to an advocacy organization were sentenced to death, sparking sharp criticism in France, especially by lawyers specializing in criminal cases.
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Legal expert clarifies the constitutionality of the formation of an international court for foreign motives in Iraq
[/rtl][rtl]Date of release: 2019/6/8 11:32 • 227 times read[/rtl]
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[rtl]The legal expert Tariq Harb said that the call by some European countries to form an international tribunal for the prosecution of foreign fugitives in Iraq "is invalid and contradicts with the Iraqi constitution.
"This invitation is void because it contradicts the Iraqi constitution, which does not allow the confiscation of Iraqi jurisdiction to those who committed a crime against Iraq, and it also deprives Iraq of any special legal privileges governed by the Iraqi constitution and law," Harb said in a press statement.
He added that "the concept of the International Tribunal means that its provisions are not subject to Iraqi law where there is no appeal, no discrimination and no death sentences and therefore the President's approval of the death sentences as a condition for their implementation and no right to the Ministry of Justice to implement," noting that "Iraq and under the Constitution and laws in force can not waive For the commission of a crime against him where the Iraqi judiciary applies here alone without the participation of anyone else. "
"Why have not they been tried in France as long as they are keen on a certain pattern of justice if we take into account their objections to the death penalty?" He asked. "The French did not even send defense lawyers, but they want to promote the concept of freedom as they defend the death penalty. Are under Iraqi law and can not be waived in light of the growing wave of terrorism. "
He pointed out that the war «Da'achi] as long as committing a crime inside Iraq, it is prosecuted under the jurisdiction of Iraq, while (Aldashi) who did not commit a crime in Iraq, nothing to us."
The French Justice Minister Nicole Beloube, had earlier confirmed that it discussed with countries European {hypothesis} formation of an international tribunal in Iraq to try foreign terrorists in a sympathetic organization.
The French minister said in a statement that "this hypothesis put forward at the level of European with a number of my colleagues, ministers of Interior and Justice," explaining that "these discussions are conducted within the framework of the {Vendome}, which includes the special ministers of justice German, Spanish and Italian."
The French justice minister stressed that the court is only a "working hypothesis".
She added that these "international tribunal" will be established "in the place, not in Syria most likely, perhaps in Iraq," noting that it can work with the participation of "European, French and Iraqi judges," but said a number of "difficulties", adding " The approval of the Iraqi state, and put conditions, especially the requirement of the death penalty to be banned. "
"We have repeatedly told the Iraqi state that the death penalty can not be applied," Beloube said.
"There are ongoing discussions ... we are vigilant not to carry out the death penalty for those we bear responsibility for."
Eleven French nationals arrested in Syria and tried in Iraq for belonging to an advocacy organization were sentenced to death, sparking sharp criticism in France, especially by lawyers specializing in criminal cases.
[You must be registered and logged in to see this link.]
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