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[size=36]The Federal Court issues a clarification regarding the decision to cancel the formation of the investigation committee in corruption cases[/size]
political| 01:07 - 07/03/2022
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Baghdad - Mawazine News
, today, Monday, the Federal Supreme Court issued a clarification regarding the decision to cancel the formation of the investigation committee in corruption cases.
A statement of the Supreme Judicial Council stated, "The Federal Supreme Court issued its decision No. (169/Federal/2021) on 3/02/2022, which includes the invalidity of Diwani Order No. (29) issued by the Prime Minister's Office on 08/27/2022 and its cancellation as of from the date of the decision of this court.
He explained, "Its decision came for a number of reasons, including:
First: The Diwani order violated the provisions of Articles (19, 37, 38, 47, 80, 87, and 88) of the Constitution of the Republic of Iraq for violating the principle of separation of powers, and violating human freedom and dignity, and the independence of the judiciary.
Second: The Integrity Commission is one of the constitutionally independent bodies in accordance with the provisions of Article 102 of the Constitution of the Republic of Iraq, and that the purpose of its existence is to combat corruption and prevent it, and its competencies may not be removed by a Diwani order, because this is considered an amendment to the Integrity and Illicit Gain Commission Law No. ( 30) for the year 2011 amended.
Third: The main factor in combating corruption is the necessity of having a political will to confront it by eradicating its causes and liquidating its effects, and that if corruption is marginal, this indicates the presence of a strong political will that believes in the dignity of the country and the welfare of the citizen. As for the spread of corruption, it indicates the weakness of that will. And not having the ability to build a home properly.
Fourth: The fight against corruption requires assigning high-ranking administrative positions to people with competence, integrity, science and experience, away from narrow factional political interests, as the public office, in the presence of corruption, turns from a means of managing and serving public affairs, and from being a legal mandate and a sacred national secretariat to a traded commodity. To achieve the private interest at the expense of the public interest.
Fifth: Seriousness in confronting and combating corruption requires adherence to constitutional and legal rules, respect for the rule of law, and support for all institutions authorized by the constitution and the law to combat corruption and prevent its causes.” Ended 29/N33
, today, Monday, the Federal Supreme Court issued a clarification regarding the decision to cancel the formation of the investigation committee in corruption cases.
A statement of the Supreme Judicial Council stated, "The Federal Supreme Court issued its decision No. (169/Federal/2021) on 3/02/2022, which includes the invalidity of Diwani Order No. (29) issued by the Prime Minister's Office on 08/27/2022 and its cancellation as of from the date of the decision of this court.
He explained, "Its decision came for a number of reasons, including:
First: The Diwani order violated the provisions of Articles (19, 37, 38, 47, 80, 87, and 88) of the Constitution of the Republic of Iraq for violating the principle of separation of powers, and violating human freedom and dignity, and the independence of the judiciary.
Second: The Integrity Commission is one of the constitutionally independent bodies in accordance with the provisions of Article 102 of the Constitution of the Republic of Iraq, and that the purpose of its existence is to combat corruption and prevent it, and its competencies may not be removed by a Diwani order, because this is considered an amendment to the Integrity and Illicit Gain Commission Law No. ( 30) for the year 2011 amended.
Third: The main factor in combating corruption is the necessity of having a political will to confront it by eradicating its causes and liquidating its effects, and that if corruption is marginal, this indicates the presence of a strong political will that believes in the dignity of the country and the welfare of the citizen. As for the spread of corruption, it indicates the weakness of that will. And not having the ability to build a home properly.
Fourth: The fight against corruption requires assigning high-ranking administrative positions to people with competence, integrity, science and experience, away from narrow factional political interests, as the public office, in the presence of corruption, turns from a means of managing and serving public affairs, and from being a legal mandate and a sacred national secretariat to a traded commodity. To achieve the private interest at the expense of the public interest.
Fifth: Seriousness in confronting and combating corruption requires adherence to constitutional and legal rules, respect for the rule of law, and support for all institutions authorized by the constitution and the law to combat corruption and prevent its causes.” Ended 29/N33
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