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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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    The Bar Association objects to Parliament's legislation of the "Legal Aid" law

    Rocky
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    The Bar Association objects to Parliament's legislation of the "Legal Aid" law Empty The Bar Association objects to Parliament's legislation of the "Legal Aid" law

    Post by Rocky Tue 28 Feb 2023, 6:26 am

    The Bar Association objects to Parliament's legislation of the "Legal Aid" law
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    Baghdad today - Baghdad
    Today, Tuesday, the Iraqi Bar Association issued a statement clarifying its position regarding the Parliament's legislation of the "Legal Aid" law.
    And the union stated in a statement it received (Baghdad Today), that "we have come to our knowledge that the Iraqi parliament has worked to legislate a new law called the (Legal Aid) law, and since the Iraqi Bar Association has reviewed what was stated in its draft, it has found that this law devotes livelihood to The pain of the poor and the needy, and establishes the elimination of the roles and rights of lawyers and robs them of their work, which was stipulated in the constitution and guaranteed by law.”
    She added, "This law aims to eliminate the legal profession in an organized manner, and on the other hand, it burdens the state's financial budget by creating higher job positions and ranks, instead of actually helping the needy citizen. Accordingly, the Syndicate registered a number of main points to object to the legislation of this law, some of them in terms of The original, and the other of what was stated in the draft draft, we explain in the following:

    1- The Iraqi Bar Association is the professional institution concerned with deputizing for others, standing with citizens who need legal assistance, and supporting groups that need legal representation, and it has established multiple committees to achieve this purpose, in deputizing for citizens in a (free) manner without burdening the state with financial budgets And job grades and formal devices that do not bring real benefit to the needy citizen, in addition to the fact that the law contradicts the provisions of the Law on Advocacy, and in particular in Article (22/1) thereof, which stipulates the following:(None other than lawyers registered in the lawyers’ roll may give legal advice or represent others to claim and defend rights before public and private courts, investigation departments, the police, and committees designated by law to investigate or adjudicate disputes) and even in the exception mentioned therein in Paragraph (2). ) From the same article above, it did not include enacting a law or any governmental or non-governmental entity carrying out the work that the lawyer does, but rather gave the exclusive power to those registered in the lawyers’ roll.
    2- Legislative ambiguity regarding the affiliation of the party to which the (Legal Aid Center) will fall under. Sometimes the law indicates that the center is established in the High Commission for Human Rights, and at other times gives the power to state the procedures for providing legal aid and its instructions, in addition to defining the internal system and dividing formations and centers, to a minister. Justice, if the aforementioned center is affiliated with the High Commission for Human Rights, then this would prejudice the independence of the Commission, as it is an independent body that is not linked to the government. By appointing lawyers, it is the prerogative of the Iraqi Bar Association.

    3- Achieving the purpose of supporting needy groups, or those who do not have the financial capacity to hire lawyers, or the poor, is not a new system, and there is no legislative vacuum in this aspect. These texts were clearly mentioned in the Civil Procedure Law No. 83 of 1969 in force, in addition to the amended Law on Justice Fees No. 114 of 1981, in addition to the Iraqi Advocacy Law No. 173 of 1965 in force, which contained, in its sixth chapter, a special and detailed regulation, so it was It is better for the House of Representatives to activate these texts, and support the Judicial Aid Fund in the Bar Association, to achieve the desired purpose, instead of draining state funds in formations that may not achieve the actual purpose of their establishment.

    4- The right to assign a lawyer to someone who does not have a lawyer to defend him, and at the expense of the state, is a constitutional right, as stipulated in Article 19 / Eleven of the Iraqi constitution. To support the financial budget of the Supreme Judicial Council, in order to contribute to the disbursement of assignment wages, and to contribute to the re-evaluation of their low amounts. If the constitutional principles do not enjoy real support, then how will the law, which is naturally lower in rank than the constitutional force, achieve that desired goal?

    5- This law contravenes the provisions of Article (4) of the Law on Lawyers’ Law and its complements Articles (14 and 15) because the lawyer who will be contracted with, in accordance with the provisions of the aforementioned law, becomes one of those who combine lawyering with paid work or employment at all in official circles. This makes the lawyer excluded from the list of lawyers, and this means that it is impossible for him to practice the legal profession and to represent others. Rather, he is considered impersonating a lawyer, and thus he is subject to criminal accountability.

    6 - Violation of the provisions of the law for Articles (51-52-53) of the Procedure Code, so the lawyer is not entitled to appear on behalf of others, except with an official power of attorney certified by the notary public, or the court that hears the case, and that the assignment of the lawyer based on the contract with him, does not replace the power of attorney official.

    7 - The law included the power to impose disciplinary penalties on lawyers, and this clearly contradicts the Law of the Advocate, as no party has the power to impose the disciplinary penalties stipulated in the Law on Lawyers on lawyers, and the power is limited to the Bar Council and the Professional Conduct Committees.

    8- Giving the authority to the Legal Aid Office to investigate with the lawyer the violation committed in the provision of legal services, and this is contrary to the law of the legal profession, as the authority is vested in the complaints committees of the Iraqi Bar Association, and the professional conduct committees.

    9 - The procedures for requesting legal aid included in the law are lengthy and not simple, delaying justice procedures, wasting the opportunity for litigants to recover their rights, and contravening the principles of speedy litigation procedures.

    10 - The allocation of the financial budget for the services provided in accordance with the aforementioned law requires knowledge of the entity for which these financial allocations will be included in the federal budget, and this is unless clearly indicated in the provisions of the aforementioned law.

    11- The lack of approval of the concerned sectoral authority, which is the Iraqi Bar Association. The association responded to the letter of the State Council, by rejecting this law, in the letter of the association No. 169 dated 11/19/2017, and based on the decision of the association’s council in the 19th session of 5/27/2014. In addition to a statement of her rejection in her letter sent to the General Secretariat of the Council of Ministers, No. 17 of 2/18/2018.

    12- The aforementioned law stipulates in its draft that the legal aid center takes the place of the beneficiary when adjudicating the costs of the case, and this is considered a violation of the constitution, whose articles stipulate that all services provided to the citizen are free of charge, with the exception of fees, taxes and expenses, which are only pursuant to the law.
    Earlier, the House of Representatives completed the first reading of the legal aid bill.
    The media department of the House of Representatives stated in a statement received by (Baghdad Today), that "Parliament has completed the first reading of the draft legal aid law."
    For his part, member of the Parliamentary Legal Committee, Raed Al-Maliki, said that the draft legal aid law will support the rights of groups of victims of domestic violence who are covered by the Social Protection Law, residents of state shelters, displaced persons and displaced persons.
    Al-Maliki said in a press conference held in the House of Representatives, which I attended (Baghdad Today), that "the draft legal aid law is important and was included on the agenda of today's session. The state, the displaced and the displaced,” noting that “these groups can benefit from the Legal Aid Law without investigating their financial competence.”

    He added, "The law will provide free service to the covered groups, the most important of which is the provision of a lawyer and legal advice in all courts, and these groups can submit a request for legal assistance from the Steam Tashkeel Center within the High Commission for Human Rights under the name of the Legal Aid Center."
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