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Urgent policy .. Iraqi judiciary issued a resolution on the controversial elections[/size]
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31 minutes ago
Urgent policy .. Iraqi judiciary issued a resolution on the controversial elections[/size]
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31 minutes ago
The Supreme Judicial Council announced the tasks of the judiciary for the Iraqi elections, at a time did not witness the ratification of the voting process that took place on 12 May last.
The Supreme Judicial Council clarified in a statement that the jurisdiction of the electoral judiciary is determined by the text of Article 8 of the Electoral Commission Law No. (11) of 2007 and its summary in the event that those who participated in the elections are not convinced that the result obtained is a complaint to the Board of Commissioners negatively or positively according to the evidence provided by the complainant. "
He added , " If not satisfied with the complaint of the decision issued by the board of Commissioners challenged him in front of the judiciary for the elections under Article (8) , the above mentioned judiciary shall decide this appeal individually for the appellant the complainant only during a period of 10 days from the date of referral of the appeal to It supports either a contested decision by or overruled by the facts and evidence submitted by the appellant that. "
She said that this method of objecting to the election results is the only one stipulated by the law of the Electoral Commission No. 11 of 2007 and can not be skipped to another method because there is no legal basis for the judiciary based on it.
She pointed out that there is no provision in the law that gives the judiciary the authority to take a general decision to cancel certain results either inside or outside Iraq as required by some, and there is no provision in the law giving the judiciary authority to ask the Commission to re-calculate a certain percentage of the election results.
"It is known to all that the judiciary issued decisions based on the provisions of the law allows him to issue a decision in a certain direction and without these texts can not take an absolute decision based on information circulating in the media or just to satisfy a certain desire with reference to the House of Representatives is the law of amendment Article (5) of this amendment stipulates the cancellation of Article (38) and that the process of counting and counting using the acceleration of electronic results and thus the House of Representatives canceled under this amendment the process of manual counting and sorting.
"Article (8) paragraph 1 of the Electoral Commission Law No. 11 of 2007 stipulates that" the exclusive authority "of the Board of Commissioners regarding the referral of any criminal case to the competent authorities if there is evidence of misconduct of the integrity of the electoral process, All respect this legal text and apply it strictly and not be allowed to anyone who was violating it. "
"In the event of a complaint of forgery attributed to the Board of Commissioners, it requires the review of the alleged to the competent court of inquiry to provide evidence to prove the existence of forgery and attributed to the person who did it and then take the appropriate decision against the person who committed the crime of forgery in accordance with the provisions of the Penal Code that Punish either imprisonment or imprisonment for the perpetrator of this crime. "
The Supreme Judicial Council also explained that the number of complaints submitted to the Board of Commissioners regarding the objection to the election results amounted to (1881) complaints, either appeals to decisions issued in those complaints, which reached the judiciary until 4/6/2018 amounted to (1221) will be resolved during The legal period of (10) days from the date of referral to the judiciary.
As for the rest of the remaining appeals, the judiciary is waiting to be referred to it by the Board of Commissioners to be resolved within the legal period, ie, 10 days according to the text of Article (8) paragraph VI of the Electoral Commission law.
Moqtada al-Sadr's alliance called for the cancellation or amendment of the results of the Iraqi elections, which he won, stressing that this would lead to political chaos.
The coalition's warning came after the Iraqi government approved last Thursday at an extraordinary meeting the possibility of rigging the elections through the lack of immunity of electoral bodies and the possibility of a breakthrough and decided to form a higher committee to study reports and information related to the electoral process.
In response, the Electoral Commission issued a statement on what happened in the parliamentary elections and MPs moved against the election results and defended their actions, stressing their safety.
The Supreme Judicial Council clarified in a statement that the jurisdiction of the electoral judiciary is determined by the text of Article 8 of the Electoral Commission Law No. (11) of 2007 and its summary in the event that those who participated in the elections are not convinced that the result obtained is a complaint to the Board of Commissioners negatively or positively according to the evidence provided by the complainant. "
He added , " If not satisfied with the complaint of the decision issued by the board of Commissioners challenged him in front of the judiciary for the elections under Article (8) , the above mentioned judiciary shall decide this appeal individually for the appellant the complainant only during a period of 10 days from the date of referral of the appeal to It supports either a contested decision by or overruled by the facts and evidence submitted by the appellant that. "
She said that this method of objecting to the election results is the only one stipulated by the law of the Electoral Commission No. 11 of 2007 and can not be skipped to another method because there is no legal basis for the judiciary based on it.
She pointed out that there is no provision in the law that gives the judiciary the authority to take a general decision to cancel certain results either inside or outside Iraq as required by some, and there is no provision in the law giving the judiciary authority to ask the Commission to re-calculate a certain percentage of the election results.
"It is known to all that the judiciary issued decisions based on the provisions of the law allows him to issue a decision in a certain direction and without these texts can not take an absolute decision based on information circulating in the media or just to satisfy a certain desire with reference to the House of Representatives is the law of amendment Article (5) of this amendment stipulates the cancellation of Article (38) and that the process of counting and counting using the acceleration of electronic results and thus the House of Representatives canceled under this amendment the process of manual counting and sorting.
"Article (8) paragraph 1 of the Electoral Commission Law No. 11 of 2007 stipulates that" the exclusive authority "of the Board of Commissioners regarding the referral of any criminal case to the competent authorities if there is evidence of misconduct of the integrity of the electoral process, All respect this legal text and apply it strictly and not be allowed to anyone who was violating it. "
"In the event of a complaint of forgery attributed to the Board of Commissioners, it requires the review of the alleged to the competent court of inquiry to provide evidence to prove the existence of forgery and attributed to the person who did it and then take the appropriate decision against the person who committed the crime of forgery in accordance with the provisions of the Penal Code that Punish either imprisonment or imprisonment for the perpetrator of this crime. "
The Supreme Judicial Council also explained that the number of complaints submitted to the Board of Commissioners regarding the objection to the election results amounted to (1881) complaints, either appeals to decisions issued in those complaints, which reached the judiciary until 4/6/2018 amounted to (1221) will be resolved during The legal period of (10) days from the date of referral to the judiciary.
As for the rest of the remaining appeals, the judiciary is waiting to be referred to it by the Board of Commissioners to be resolved within the legal period, ie, 10 days according to the text of Article (8) paragraph VI of the Electoral Commission law.
Moqtada al-Sadr's alliance called for the cancellation or amendment of the results of the Iraqi elections, which he won, stressing that this would lead to political chaos.
The coalition's warning came after the Iraqi government approved last Thursday at an extraordinary meeting the possibility of rigging the elections through the lack of immunity of electoral bodies and the possibility of a breakthrough and decided to form a higher committee to study reports and information related to the electoral process.
In response, the Electoral Commission issued a statement on what happened in the parliamentary elections and MPs moved against the election results and defended their actions, stressing their safety.
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