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Legal early publicity fraud .. Why does the Commission not hold "candidates" to account?
June 19, 2021
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Legal early publicity fraud .. Why does the Commission not hold "candidates" to account?
June 19, 2021
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Strange justification misses the opportunity to pursue (Facebook)
Ultra Iraq - Editorial Team
In various, new and surprising forms, political figures and blocs launched their electoral campaigns early in a legal violation pointed out by jurists and observers, amid anticipation of the steps of the Electoral Commission, and whether it will take legal measures as a “good faith” gesture that gives a preliminary indication of the possibility of the possibility of conducting fair elections that are monitored in all its aspects. by the Independent High Electoral Commission.
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Many candidates for the upcoming elections started with early propaganda through “free circumcision” parties, street coverings and banquets
“Free circumcision” and “porridge” parties, street coverings, free buses, installation of electrical transformers, hanging banners and tours by candidates for the upcoming elections scheduled for next October, are all early forms of electoral campaigning launched by the already nominated personalities more than 5 years ago. Months before the election already, despite it being a clear legal violation.
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The electoral law enacted in November 2020, in Article 22 of it, guarantees the right to campaign for the candidate, but sets the date for the campaign to start as “starting from the date of approval of the candidate lists by the commission and ending 24 hours before the start of the poll.”
In addition to the fact that Article 24 of the law, the Municipality of Baghdad and the special municipalities in the governorates were tasked with determining the places where it is prohibited to practice electoral campaigns or to publish advertisements in them, which has not yet been achieved, which made many candidates suspend their advertisements and practice their electoral advertisements randomly and in different places specific.
Legal expert Ali Al-Tamimi said in an interview with "Ultra Iraq", that "the new election law dealt with electoral propaganda in a number of articles starting from Article 22 to Article 37 with details and conditions," noting that "one of these conditions is that the date of the electoral campaign be determined by a decision. From the commission and places of propaganda, not to exploit the state’s resources and buildings, and to prevent giving gifts, and its deadline ends 24 hours before the elections.”
And he indicated that "Articles 32 to 36 of the Elections Law imposed corporal penalties and fines ranging from one year's imprisonment to a fine of 25 million dinars as a maximum, affecting even entities and even possible exclusion," noting that "the Electoral Commission is required to quickly and seriously activate these fines and penalties so that they are Electoral propaganda is controlled.
A strange justification that misses the opportunity for accountability
Despite the clarity of the law, and the clarity of the violations committed, the commission presented a strange justification that may prevent the punishment of violators.
While the law indicates that the date of the electoral campaign starts from the date of the commission's approval of the names of the candidates, the commission justifies not holding violators accountable because "they are not candidates yet, but rather they are presenters."
According to its spokesperson, Jumana Ghalay, as well as its spokesperson, Nibras Abu Souda, in [You must be registered and logged in to see this link.] followed by Ultra Iraq, "until this moment, these are advanced, and the verification of eligibility has not been completed, and after verifying eligibility, the Board of Commissioners approves the names of the candidates, And then the advertising campaign begins."
She added, "After the launch of the advertising campaign, the Electoral Commission will form committees to monitor the candidates' media propaganda, and there will be accountability for violating candidates according to the reports of the special committees and coordination with the Baghdad Municipality and municipal departments, and there are penalties and fines that will be applied to any violator of laws and regulations."
In light of these statements, there is no penalty for violators of the law with early propaganda, and that the commission’s monitoring will be limited to “qualities of electoral propaganda” after its official launch after the commission has approved the names of the candidates, which may be the first clear violation of the electoral law without accountability or prevention.
Regarding what can be described as early propaganda, or when it is possible to know that this propaganda is early, especially since any propaganda before approving the names, the Commission does not consider it within the framework of propaganda in the first place, Commission spokeswoman Jumana Ghallab explains in an interview with "Ultra Iraq", that " You've never heard of this designation or so-called early publicity."
Ghallab indicated, "What some of the candidates are doing at the present time does not give the commission the authority to prosecute them, because they did not write a single word (the candidate), for example, and that the behaviors or gatherings that they perform cannot be pursued because it is difficult to differentiate between being electoral propaganda. or regular gatherings.
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The Commission says that what some applicants are doing at the present time does not give the Commission the authority to prosecute them, because they did not write a single word (the candidate).
She clarifies that "an electoral number has not yet been given to the applicants for candidacy until after their names are approved, and upon approval and submission of the electoral numbers, the electoral campaign will be launched automatically, and then the candidates will start printing posters bearing their names and electoral numbers."
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