Parliamentary differences over "the crime of kidnapping" hinder the amendment of the amnesty law
Baghdad / Wael blessing
Especially crimes of "kidnapping" clause threatening to pass amendments to the amnesty law, having narrowed the differences on it to only one article.
There is disagreement over " the crime of kidnapping" among the members of the Legal Committee, concerned to amend the law, parliamentary blocs, without reaching a clear majority.
And it supports political parties, most of them from a coalition of state law, the government version that asked the exception of kidnapping in all its forms of amnesty measures. But other parties insist on a watered - down conditions for the inclusion of some cases.
He criticized Prime Minister amnesty law passed after days, described the parliament additions to its terms as "criminal."
And no legal objection from sending the government an amendment to another, if the parliament decides the second amendment received by the parliament of the government ignored.
The House voted, mid - January, the second amendment submitted by the government to the general amnesty law, after he refused, the end of last year, the first amendment prepared by the Government to accept the Abadi.
Passed the House of Representatives, on 25 August last, the general amnesty included all those sentenced to death and sanctions other law, and excluded 13 categories of crimes, including: the terrorist crime that grew by killing or permanent disability, and the crimes of human trafficking and all that falls under the title of (captivity). The law also exempted the kidnappings, which arose about the death of the kidnapped or anonymity fate, or cause permanent disability, and the crimes of rape, and crimes of smuggling of antiquities and money - laundering offenses.
The prime minister said that " the government rejects this subject and we will give an amendment to these paragraphs." " We exclude all abductions of amnesty crimes, but the House of Representatives recorded, that does not give rise to death or permanent disability."
Parliament held an amendment to the crimes of terrorism, which excluded government version, caused by not requiring her tail death or infirmity or destroy government facility.
Abadi ridiculed this amendment by saying "in the event of a security man saw a terrorist wearing an explosive belt he sacrifices himself to dismantle the belt, and in the light of the law would be released, because he did not kill and did not blow himself up !".
Legal Committee and defended, at the time, about the amendments to the draft (general amnesty), arguing that the copy of the government "includes very limited categories." The Commission added new paragraphs depending on the terms of reference stipulated in the Constitution, according to some of
its members.
Decline differences
and did parliament recently, the second reading to amend the amnesty law.
The Legal Committee confirmed earlier, the intention of Parliament put forward amendments for the second reading after the holiday "Nowruz" last month.
Differences centered, according to the Legal Committee, about the right to drop the public, in addition to the split on the expansion of the circle amnesty to include kidnappings of criminal nature. He revealed deputies new proposals in favor of the inclusion of enjoying amnesty measures previously new amnesty.
In turn , says the Legal Committee member Zana Said, in a statement (term) yesterday that " the differences after the second reading shrunk to only one article , a kidnapping."
Said noted that "differences over the last article revolved between the members of the Legal Committee and between the political blocs in the parliament," adding that "known - without Asmiha- parties are supporting the opinion of the government not to include all perpetrators of the crime of kidnapping amnesty."
The deputies of the coalition of state law spoke, earlier, for refusing to include the crime of kidnapping law, considering that part of the transfer of abducted his car to Aechtlv who carried out the kidnapping. Kurdish lawmaker confirms that "almost the rest of the parties support the idea of setting conditions for the crime of kidnapping, such as the lack of a permanent disability of a kidnapped or waiver of the owner of the lawsuit," but acknowledged the difficulty to predict any tipping the scales when voting.
On the other hand the rest of the paragraphs of the amendment appear agreed to a large extent. Says Zana Said , "We will not find it difficult to pass the rest of the provisions of the law, there are visions close among the members of the Committee on those paragraphs."
The Legal Committee member confirms that " the government could make a further amendment if it did not agree to what will be determined by Parliament, with the exception of paragraphs that are rejected by the House of Representatives."
The Government will, in such case, send a new draft to go through the procedures of the previous vote to accept or reject the amendment, and then view the amendment first and then read the second reading, and the end of the vote.
Amendments to the second time the
Legal Committee and conducted an amendment to some clauses of the amnesty law, said it was in favor covered by the law, such as removing a paragraph to waive the general right of the governed.
The panel Aattabrb requirement that the government 's concession on the right year is "illegal," citing that " the philosophy of the amnesty to waive the public right and keep the personal right."
The Chairman of the Legal Committee MP Mohsen al - Sadoun said the amendments made to the parliament Atatzm general amnesty law, would expand the number of covered.
Sadoun said in a statement on Thursday, the latest statistics , the number covered by the general amnesty referred to " the inclusion of 900 convicted and Suspended out of a large number exceeded more than 10 thousand were referred to article 4 of terrorism."
The Supreme Judicial Council and the publication of statistics, the end of last January, talking about the release of the 7168 measures covered by the general amnesty.
However , the Legal Committee denied statistics of the judiciary, noting that the Ministry of Justice did not release more than 380 convicted since the date of entry into force of the law until 12/1 / 2017.
Included the recent government amendment to the law of the amnesty provisions, both general manager and above in the forgery crimes, but increased the purchase for the remaining condemnation from 10 thousand to 50 thousand dinars per day for
his part , says Hassan Turan, the other member of the Legal Committee, some details of the version the last government, said that "any crime involving public money would not cover the perpetrators only to return the amount of money." He said Turan, in a statement (term) yesterday, "he can not be charged with the inclusion of any crime has not been waived personal right in," pointing out that " the Commission is considering the inclusion of the beneficiaries of the amnesty law , with the exception of former new terrorism cases."
The Legal Committee discussed a proposal that includes amnesty covered by the former, who have committed minor offenses, the provisions of the new law. Parliamentary Committee also plans to replace some of the crimes of financial penalties, such as the crime of fraud certificate for certain categories.
The MP denied the Turkmen news that talk about mitigating punishment or replacing the perpetrators of "sodomy, incest and rape" crimes, stressing that such crimes are not covered by the law
of amnesty.
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