Al-Tamimi: Demonstrators can only be arrested by order of a judge or a specialized court
Legal expert Ali al-Tamimi revealed the legality of arresting [You must be registered and logged in to see this link.] without court orders.
Al-Tamimi said, “It is not permissible to [url=https://www.thebaghdadpost.com/ar/Story/t/16700/%D8%A7%D9%84%D9%82%D8%A8%D8%B6 %D8%B9%D9%84%D9%89]arrest[/url] people or arrest them except by an order issued by a judge or [url=https://www.thebaghdadpost.com/ar/Story/t/134367/%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D9%85%D8%AA%D8%AE%D8%B5%D8%B5%D8%A9]a specialized court in[/url] accordance with Article 92 of the Code of Criminal Procedure and Beyond… As for [url=https://www.thebaghdadpost.com/ar/Story/t/16700/%D8%A7%D9%84%D9%82%D8%A8%D8%B6 %D8%B9%D9%84%D9%89]arresting[/url] people without an order from a judicial authority, the Penal Code punishes with 10 years imprisonment It is a felony, according to Article 322 of it ... Also, the Constitution prohibited that in Article 19 thereof, so it prevented arrest without warrant and prevented confinement ... Likewise, it prevented the Universal Declaration of Human Rights and the Charter of the International Covenant.
He added in a statement to him, "This type of detention is called administrative detention, which is not issued by the judiciary, and it is prohibited in international conventions and all constitutions of the world."
He continued, "People cannot be prevented from demonstrating in one region without another due to the comprehensive nature of the demonstrations and their expansion, and the security authorities are obligated to provide protection in all places of demonstrations ... This does not justify the arrest in accordance with Article 4 of the Anti-Terrorism Law ... because it is a dangerous charge that cannot be a reason to liquidate the demonstrators."
[You must be registered and logged in to see this link.]