He Justified This With 3 Reasons.. A Legal Expert Clarifies The Legitimacy Of Withdrawing The Two Republican Decrees
02/28/2022
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02/28/2022
31
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Earth News/ Legal expert Jamal Al-Asadi attributed, today, Monday, the decision of the Presidency of the Republic to withdraw two decrees, and to address the judiciary, to the presence of “fraud, fraud or lack of good faith.”
Al-Asadi said in a clarification received by "Earth News", that "the administration may withdraw the decision if it does not have any effect, and that withdrawing the administrative decision leads to the removal of all the consequences of it and considering it as a decision that was not, and the administration may not cancel the decision issued by it."
He added that "between withdrawing and rescinding the decision, there is a big difference, because rescission is within the powers of the judiciary, and revocation leads to removing the administrative decision from its effects for the future only, and the effects that resulted from it before the revocation remain."
Al-Asadi continued that “fraud, fraud and lack of good faith are among the reasons that the administration can cancel the administrative decision and give it the right to withdraw it at any time without being bound by the specific appeal periods because the decision is defective and unworthy of protection and deprives him of immunity and for this he uses the method of withdrawing the administrative decision with him As one of the legally established methods for the expiration of administrative decisions.”
He also added, “Therefore, the President of the Republic’s directive to withdraw Republican Decree No. 1 and 2 regarding amnesty for the convict on drug charges is supposed to include one of these reasons (fraud, fraud or lack of good faith), until the investigative committee completes this matter and clarifies who the entity is. that caused this ignorance.”
Earlier in the day, the President of the Republic, Barham Salih, directed the withdrawal of the two republican decrees numbered (2,1), one of which concerns the son of the former governor of Najaf.
A statement by the Presidency spokesperson, received by Earth News, stated, "President Saleh held an urgent meeting today with the investigative committee formed in the Presidency of the Republic on the two Republican decrees No. (1 and 2), where the merits of the case were discussed in light of the legal contexts approved for issuing amnesty decisions. The private sector and the legal and procedural channels it passes through the various relevant state institutions.”
And President Barham Salih directed, “to withdraw the two republican decrees immediately, and instruct the judicial authorities to take the necessary measures in this, since the issuance of the republican decree appeared to conform to the legal and constitutional procedures formally, but it was not audited objectively and the strict controls approved by the Presidency of the Republic were not adhered to in following up on the file Special pardon.
He also directed that "the investigative committee complete its work as soon as possible and present the results of the investigation to it to identify the negligent and hold them accountable and ensure that it does not happen again in the future. He also directed to address the Ministries of Justice and Interior to arrest the convicts and place them in correctional institutions."
President Barham Salih stressed “the need to take into account the danger that the drug crime poses to Iraqi society, and the fact that it does not achieve the purpose of the special amnesty procedures as a humanitarian principle granted to some prisoners to relieve injustice or give an opportunity to those who have been deceived by compelling social and economic conditions to commit a crime.” Certain, or against women and juveniles with reduced sentences, in harmony with the authentic Iraqi social customs and traditions.”
President Barham Salih stressed that “the Presidency of the Republic has not and will not spare any effort to support our security forces and heroic judicial apparatus in confronting this dangerous phenomenon in society, and appreciates the tremendous sacrifices made in this regard.
The Presidency of the Republic has reiterated what it has repeatedly stressed that “the President has not and will not be lenient in confronting the dangerous challenge represented in the promotion and trafficking of drugs and those convicted in them, as a crime that affects the security, stability and safety of society.”
Saleh affirmed that he "will never hesitate to correct any excesses or legal violations that may be tainted by presidential decrees or orders, as long as they will contribute to the security and stability of society."
The Presidency of the Republic highly valued the honorable national voices and the noble stances expressed by political and social events and public opinion on this issue, which confirms a high concern for national responsibility.
It is noteworthy that the President of the Republic, Barham Salih, directed a few days ago an urgent investigation to determine the priorities of issuing an amnesty decree against the son of the former governor of Najaf, stressing that he will not be lenient in facing the serious challenge of drug promotion.
According to documents seen by Earth News, earlier, they included a republican decree signed by the President of the Republic, Barham Salih, pardoning the convicted Jawad Luay Jawad, son of the former governor of Najaf, on January 10, 2022.
It is noteworthy that the son of the former governor of Najaf had been convicted of drug trafficking and is serving his sentence in an Iraqi prison.
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Al-Asadi said in a clarification received by "Earth News", that "the administration may withdraw the decision if it does not have any effect, and that withdrawing the administrative decision leads to the removal of all the consequences of it and considering it as a decision that was not, and the administration may not cancel the decision issued by it."
He added that "between withdrawing and rescinding the decision, there is a big difference, because rescission is within the powers of the judiciary, and revocation leads to removing the administrative decision from its effects for the future only, and the effects that resulted from it before the revocation remain."
Al-Asadi continued that “fraud, fraud and lack of good faith are among the reasons that the administration can cancel the administrative decision and give it the right to withdraw it at any time without being bound by the specific appeal periods because the decision is defective and unworthy of protection and deprives him of immunity and for this he uses the method of withdrawing the administrative decision with him As one of the legally established methods for the expiration of administrative decisions.”
He also added, “Therefore, the President of the Republic’s directive to withdraw Republican Decree No. 1 and 2 regarding amnesty for the convict on drug charges is supposed to include one of these reasons (fraud, fraud or lack of good faith), until the investigative committee completes this matter and clarifies who the entity is. that caused this ignorance.”
Earlier in the day, the President of the Republic, Barham Salih, directed the withdrawal of the two republican decrees numbered (2,1), one of which concerns the son of the former governor of Najaf.
A statement by the Presidency spokesperson, received by Earth News, stated, "President Saleh held an urgent meeting today with the investigative committee formed in the Presidency of the Republic on the two Republican decrees No. (1 and 2), where the merits of the case were discussed in light of the legal contexts approved for issuing amnesty decisions. The private sector and the legal and procedural channels it passes through the various relevant state institutions.”
And President Barham Salih directed, “to withdraw the two republican decrees immediately, and instruct the judicial authorities to take the necessary measures in this, since the issuance of the republican decree appeared to conform to the legal and constitutional procedures formally, but it was not audited objectively and the strict controls approved by the Presidency of the Republic were not adhered to in following up on the file Special pardon.
He also directed that "the investigative committee complete its work as soon as possible and present the results of the investigation to it to identify the negligent and hold them accountable and ensure that it does not happen again in the future. He also directed to address the Ministries of Justice and Interior to arrest the convicts and place them in correctional institutions."
President Barham Salih stressed “the need to take into account the danger that the drug crime poses to Iraqi society, and the fact that it does not achieve the purpose of the special amnesty procedures as a humanitarian principle granted to some prisoners to relieve injustice or give an opportunity to those who have been deceived by compelling social and economic conditions to commit a crime.” Certain, or against women and juveniles with reduced sentences, in harmony with the authentic Iraqi social customs and traditions.”
President Barham Salih stressed that “the Presidency of the Republic has not and will not spare any effort to support our security forces and heroic judicial apparatus in confronting this dangerous phenomenon in society, and appreciates the tremendous sacrifices made in this regard.
The Presidency of the Republic has reiterated what it has repeatedly stressed that “the President has not and will not be lenient in confronting the dangerous challenge represented in the promotion and trafficking of drugs and those convicted in them, as a crime that affects the security, stability and safety of society.”
Saleh affirmed that he "will never hesitate to correct any excesses or legal violations that may be tainted by presidential decrees or orders, as long as they will contribute to the security and stability of society."
The Presidency of the Republic highly valued the honorable national voices and the noble stances expressed by political and social events and public opinion on this issue, which confirms a high concern for national responsibility.
It is noteworthy that the President of the Republic, Barham Salih, directed a few days ago an urgent investigation to determine the priorities of issuing an amnesty decree against the son of the former governor of Najaf, stressing that he will not be lenient in facing the serious challenge of drug promotion.
According to documents seen by Earth News, earlier, they included a republican decree signed by the President of the Republic, Barham Salih, pardoning the convicted Jawad Luay Jawad, son of the former governor of Najaf, on January 10, 2022.
It is noteworthy that the son of the former governor of Najaf had been convicted of drug trafficking and is serving his sentence in an Iraqi prison.
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