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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    What Will Happen After The Federal Court's Decision That The "Abu Ragheef" Committee Is Unconstituti

    Rocky
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    What Will Happen After The Federal Court's Decision That The "Abu Ragheef" Committee Is Unconstituti Empty What Will Happen After The Federal Court's Decision That The "Abu Ragheef" Committee Is Unconstituti

    Post by Rocky Wed 02 Mar 2022, 9:34 am

    What Will Happen After The Federal Court's Decision That The "Abu Ragheef" Committee Is Unconstitutional? An Expert Answers?
    02/03/2022
    23

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    Earth News/ Legal expert Ali Al-Tamimi commented today, Wednesday, on the decision of the Federal Court, which ruled the unconstitutionality of Diwani Order 29, known as the “Abu Ragheef” committee.
    Al-Tamimi said, in a legal clarification given to “Earth News”, that “according to the Federal Court, the formation of this committee violates Articles 37 First, 47, 88 and 89 of the Constitution and violates the Integrity Commission Law 30 of 2011 and the Civil and Military Criminal Procedure Code.”
    He added, "According to the foregoing, the incomplete files will be referred to the competent authorities, such as the integrity, the investigation trial, the public prosecution, the military authorities, and according to jurisdiction," noting that "the supervisory authorities on this issue that will investigate the violations are the Public Prosecution, Parliament and the investigation courts."
    He pointed out that “the affected may resort to the judiciary and demand material and moral compensation for the violations that arose according to the principle of what is based on falsehood, which is void in the courts of investigation and first instance, and articles 333 and 421 of the Iraqi Penal Code related to the detention of persons without a judicial order if achieved and kidnapping because arrest is not in the designated place.
    Al-Tamimi stressed that “the measures taken violate the 2006 Convention on the Prevention of Enforced Disappearances, signed by Iraq and Law 17 of 2010, and this exposes Iraq to international sanctions,” noting that, “the families of the deceased or those claiming a personal right have the right to file a case against the investigative body based on the decision of the Federal Supreme Court.” to nullify the procedures.”
    And the Federal Supreme Court acknowledged the invalidity of Diwani Order No. (29) of 2020 regarding the formation of an investigative committee in cases of corruption and important crimes.
    The court said in a statement that it “issued its decision No. 169/Federal/2021 on 2/3/2022 invalidating Diwani Order No. 29 of 2020, which includes the formation of a permanent committee to investigate corruption cases and important crimes and to cancel it as of the date of the ruling.”
    The court explained that this came “for violating the provisions of Article (37 / first / 1) of the Constitution, which guarantees the protection of human freedom and dignity, and the principle of separation of powers stipulated in Article 47 of the Constitution.”
    She added, "And for the principle of the independence of the judiciary and its competence to undertake the investigation and trial stipulated in Articles 87 and 88 of the Constitution, and because the aforementioned matter is considered an amendment to the Law of the Integrity Commission, being a constitutional body specialized in investigating cases of financial and administrative corruption."
    The court concluded by saying that “its decision was issued based on its powers stipulated in Clause Three of Article 93 of the Constitution.”
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