Baghdad and Erbil..Agreement on a unified identity for lawyers in Iraqi courts
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Shafaq News/ The Iraqi Bar Association agreed with the Kurdistan Region Bar Association, on Thursday, to cancel the authorization or the authorization, in addition to canceling the pledge, and that the identity of one of the two unions be used to work in all courts of the country.
This came as part of a memorandum of understanding signed by the two unions, in the presence of the Iraqi Bar Association, Ahlam Al-Lami, the Kurdistan Bar Association Bakhtiar Haider, and a number of members of the two unions’ council, according to a statement received by Shafaq News Agency, in order to secure the interests of lawyers, defend them and facilitate their work.
The memorandum, according to the statement, dealt with a number of joints related to the organization of work between the two sides, as well as facilitating and coordinating the work of lawyers, including the cancellation of the title or authorization, in addition to canceling the pledge, and working under the identity of one of the two unions.
With regard to union affiliation, the memorandum of understanding stipulated, “Adopting the (informational) housing card as a basis for accepting affiliation in one of the two unions. One of the two unions shall accept the residents within the scope of the work of the other union if there is a legal impediment to their acceptance in the union in which they reside within the scope of its work.
In this case, the memorandum of understanding between the two unions took into account the following:
A) When submitting an application to belong to the Iraqi Bar Association, and the applicant is a resident of the Kurdistan Region, the Iraqi Bar Association will approach the second party to state the following:
1- Ensure that he belongs to the Kurdistan Bar or not, or has previously been crossed off from the list of lawyers in it.
2 - Verify with the Directorate of Criminal Evidence Investigation in the region whether there is any criminal record of crimes against honor or not.
3- Requesting the validity of issuing the academic document from the universities of the Kurdistan Region.
4- Ensure that the applicant is not an employee in the Kurdistan Region.
5- Ensure that there is a legal impediment to accepting affiliation with the concerned union.
b) Belonging to the Bar Association in the Kurdistan Region:
In the event that a request for affiliation with the region’s bar association is submitted by residents outside the region, the second party shall approach the first party, and in this case, the same procedures set out in paragraph (a) shall be followed.
C) The first party is obligated not to renew the identity of the lawyers who are residents of the region, except after approaching the second party, to ensure that they are not employees, and to ensure that they are not convicted.
With regard to the work of lawyers, the memorandum of understanding decided that every lawyer holding the identity of one of the two unions has the right to work in all parts of Iraq, and any administrative and governmental body bears legal responsibility for not applying the provisions of the law, taking into account the instructions issued by both unions for the purpose of facilitating the practice of the profession within the limits and its scope of action.
With regard to the defense of lawyers, the memorandum included that the two unions represent lawyers within the limits of their work and defend them before all courts and other bodies in cases related to the profession by sending a representative of the union.
This agreement is considered as an authorization between the two Syndicates, and each one of them shall send whomever he deems appropriate under his authority to defend lawyers, regardless of his affiliation with the Iraqi Bar Association or the Kurdistan Bar Association.
The agreement between the Bar Associations in Baghdad and Erbil included a number of organizational points regarding disciplinary penalties, complaints, and common identity.
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