Integrity Courts: We have issued arrest warrants against officials but have not been implemented

Al-Sommeria News / BAGHDAD - 
Specialized judges on the issue of integrity in the courts and the reasons for the delay in resolving cases of corruption, and attributed the reasons for administrative investigations and procedures related to non-judicial bodies, they pointed to the difficulty of collecting evidence on corrupt employees who are still in their work because they quickly What hide their effects. 

"Integrity cases are of a special nature. They need an administrative investigation, a report from the Financial Control Bureau, and another investigation from the inspector general's office. Then the complaint is moved," says the judge of the Integrity Court in Rusafa.

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He attributed the reasons for the delay in deciding the cases of corruption to "the failure to complete administrative investigation procedures by the Office of the Inspector-General, where several months without completing the procedures, and if the obstacle to send the investigation to the Minister's office for the purpose of ratification is often shown to be returned to make adjustments because of grievances" . 

In response to a question on the investigation with the members of the House of Representatives, the judge explains "in the event of a lawsuit against them are completing the legal proceedings in respect of the crime attributed to them, then the court issues the appropriate decision whether to issue an arrest warrant or recruitment until the closure of the investigation and then be submitted to the Supreme Judicial Council To open the House of Representatives in order to lift the immunity of the accused MP, "pointing out that" the arrest of the accused accused before this procedure on the basis of the provisions of the Constitution only after the lifting of immunity by the House of Representatives. "

As for the grades that do not enjoy immunity, the procedures are completed and then referred to the courts of misdemeanors or crimes according to the legal material of the charge, as expressed. 
The investigating judge and follows that " the judiciary issued arrest warrants , which is responsible for its implementation, it is the responsibility of the executive authority represented by the Ministry of the Interior ," pointing out that " a lot of orders issued against the ministers and agents were not implemented , despite continued assurances some of the reasons due to their escape out of the country "Stressing the keenness of the judiciary to implement the arrest warrants and the existence of cooperation between the Supreme Judicial Council and INTERPOL, according to the Riyadh Agreement on Judicial Cooperation.

"The arrest warrants are noted at all border crossings and airports, but we regret the case of some of the accused who live in the Kurdistan region, the Interior Ministry is approaching the representative of the region as a link between us and the region , Because the court is not one of its tasks directly approached, but unfortunately we do not find a deaf ear. " 
"The legal material refers the accused to the criminal court if the crime is punishable by life imprisonment and more than 5 years to 15 years, according to Article 125 of the Penal Code. The offense, which is punishable from 3 months to five years, "He said.

For her part, Judge Nada Mohammed Issa said that "the judiciary has never stopped its provisions and it depends on the judgments issued against corrupt officials and waste of public money on evidence and investigative papers," said the judge. 

"Sometimes the process of gathering evidence against a corrupt employee before the court of inquiry is difficult, especially those who are still occupying the job and trying to hide its effects in his department, and this delays the investigation." Issa asserts that "the court has the misdemeanors or felonies, And the truth is that most of those referred to this court are state employees and those who are in special degrees professors and deans of the universities and the court does not consider the account but the charge. "

"The public opinion does not know what is in the investigative papers, as happened in the case of the Secretary of Baghdad (Ayoub), who was sentenced to one year in prison for bypassing a sidewalk in front of his house and not for another charge, which exceeded the validity of the street, which does not require a penalty of a year with Access and as the Secretary of Baghdad, the ruling was considered ". 

On the Criminal Court and its work, the head of the criminal court in charge of integrity issues, Judge Gomaa Daoud al- Saadi said that "the crimes involving the employee or the person charged with public service are referred by the Court of Investigation concerned with integrity and are often related to deliberate damage to public funds and misappropriation of state funds, 2011 ".

He added that "these decisions are subject to legal appeals before the Federal Court of Cassation and are challenged through the people affected by the decision and often by the representative The Integrity Commission is added to its function by legal representatives working in the Court and then sent appeals to the Court of Cassation, which makes its decision according to the evidence either support or veto. 

As for the media discourse and the controversy over the corruption issues related to officials and politicians, al-Saadi points out to the "judiciary" that "some of the issues presented are controversial in the media and as a court, we do not care about people as much as the availability of evidence and the type of case presented regardless of their political affiliations. We consider the case impartially and the decision is subject to appeals Discriminatory ".

He pointed out that "there are cases referred to the courts belonging to corrupt officials and were released, I would like to point out that this is not a shortening of the court but no material evidence against them, and there are also defendants covered by the Amnesty Law No. 2016 No. 27 and the judiciary is obliged to implement the provisions of the law regardless of what the case". 

On sentences against officials, al-Saadi said that "life imprisonment is a maximum penalty for public money cases under Article 315 of the Iraqi Penal Code, but the execution is not legally present in the crimes of integrity," pointing out that " That there is a tightening of punishment in relation to officials. "[/size]