[ltr]2020.05.13 - 10:15[/ltr][/size]
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[size=20][size=20]People - Baghdad
On Wednesday, a press report addressed the Iraqi judiciary requesting the lifting of the immunity of 18 deputies, indicating that the move came in a remarkable time.
The report, published by the London-based Al-Arab newspaper and its follower, Nass, (May 13, 2020), indicated signs of "harmony" between the executive and the judiciary that might end the phenomenon of "impunity of officials."
The Supreme Judicial Council in Iraq has taken a sudden step by directing a request to the Presidency of Parliament to lift the immunity of 18 deputies accused of corruption cases, influencing the progress of legal procedures, and issuing sukuk without credit, insult, slander and others.
The timing of this step drew the attention of the followers to the Iraqi issue, as it came directly with the beginning of the period of work of the government of Prime Minister Mustafa Al-Kazemi, who seems ambitious to open a new era of accountability and ending the phenomenon of impunity for officials and politicians, which prevails in Iraq in a large way.
Al-Kazimi considered "combating corruption and corrupt people a national task," and pledged in his speech to parliament during the session of obtaining confidence for his government to "confront corruption firmly and with all legal capabilities."
The list sent by the Judicial Council to Parliament included representatives of the Sunnis, Shiites, and Kurds belonging to various representative forces and blocs, including former Minister of Electricity Qasim al-Fahdawi, who belongs to the Salvation Front led by Osama al-Nujaifi, former Minister of Education Muhammad Iqbal al-pharmacist, Muthanna al-Samarrai from the Watan Bloc, and Kazem The fisherman close to the leader of the State of Law coalition, Nuri al-Maliki, Abdullah al-Kharbit, Ahmad al-Jubouri and Falah al-Zaidan, from the Alliance of Forces led by Parliament Speaker Muhammad al-Halbousi, Sadiq al-Sultani and Alia Nassif from the State of Law Coalition, and Harim Kamal from the Kurdistan Democratic Party led by Miss Dr. Barzani, and Nada Jawdat alliance victory, led by former Prime Minister Haider al-Abadi, an independent high-MP Sheikh Ali and other deputies.
Observers say it is not possible to separate the strong start of Mustafa Al-Kazemi's government after its formation and this great judicial momentum, which may find in the new executive a strong partner.
They point out that the introductions of harmony between the executive and the judiciary emerged with the rapid response of the Supreme Judicial Council to the call made by the Prime Minister to release all detainees from the demonstrators. Just hours after that call, the council issued a statement saying that it was in line with Al-Kazemi’s call. All the courts that present cases to protesters were directed to release them.
The request for lifting immunity focuses on three articles of the effective Penal Code, which is Article 340, which stipulates that “A period of no more than seven years shall be punished with imprisonment for any employee or a public servant who intentionally caused damage to the money or interests of the authority in which he works or is related to by virtue of his job or With the funds of the persons entrusted to him. ”And Article 331 stipulates that“ he shall be punished with imprisonment and a fine or one of these two punishments: Every employee or person charged with a public service who has intentionally committed something that violates his job duties or refrains from performing any of his duties with the intent to harm the interest of one of the individuals or with the intention of benefiting a person On another account or at the expense of the state. ”And Article 433 regarding defamation and Slander and defamatory.
According to the Iraqi constitution, if the accusation is brought against the deputy during the term of the legislative term, the House of Representatives must approve the absolute majority of its members to lift the immunity from it. As for the accusation outside the legislative term, the approval of the Speaker of the House of Representatives must be lifted, which means that it is lifted from A member of the House of Representatives is within the jurisdiction of the House itself when the legislative term exists and it is within the jurisdiction of the Speaker only when the legislative term ends.
Because of the urgent circumstances imposed by the procedures of public closure due to the outbreak of the Coruna virus, and the suspension of the parliament sessions, it is not decided whether the legislative separation is continuing now, or is there a legislative holiday.
Legal interpretations have contradicted with regard to considering the session of granting confidence to the Al-Kazemi government that was held on the seventh of this May an extraordinary event that took place within the legislative or regular holiday that occurred within the legislative term.
In the event that it was recognized that the session of granting confidence was exceptional, it will be confirmed that Parliament is in a legislative holiday now, which means that the decision to approve the request for immunity from 18 deputies is in the hands of the Speaker of Parliament, Muhammad Al Halbousi only.
Informed political sources say that Al-Halbousi prefers to accompany judicial measures to reinforce the parliamentary momentum resulting from the formation of Al-Kazemi’s government, but he awaits the legal interpretation of the previous or current legislative term.
But the same sources say that the need for articles in the Iraqi constitution to be interpreted is often used for the benefit of certain entities, recalling the most famous and influential interpretation of the course of Iraq, which came in 2010 when Iyad Allawi won the legislative elections, which enabled him to form a government without his opponent Nuri al-Maliki taking refuge in the court The Federal Federation to define the concept of the largest parliamentary bloc, and I have issued an explanation in its interest that it considered the owner of the largest bloc to be the one holding the largest possible parliamentary coalition and not the one who possesses the highest number of parliamentary seats. Oz in various fields and widespread corruption in all joints, and ended in 2014, disaster control organization Daesh on nearly one-third of the country's territory.
Representatives in the Iraqi parliament expect that the country will take about three months before life returns to normal due to the measures to contain Corona, including regular sessions of the parliament.
Observers say that the signs of solidarity between the executive, judicial and legislative authorities may change the gloomy atmosphere surrounding the country due to the desperation of the population to fight corruption, the economic crisis caused by the collapse of oil prices and the spread of unemployment.
Iraqis are looking for sincerity and seriousness with the new prime minister in his intention to reform and fight corruption, which is the first reason for crises in the country in all its forms, but others reduce the ceiling of hopes placed on him in this field due to the lack of means to confront the corrupt who have been operating lobbying within the state for nearly Seventeen years old.
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