Justice comments on the amnesty law and clarifies its powers
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Baghdad today - Baghdad
The Ministry of Justice commented on the general amnesty law and clarified its powers in this regard.
In its response to a circular about the possibility of implementing the general amnesty law and releasing prisoners, the justice said: "A general amnesty is not the prerogative of the Ministry of Justice. Rather, it is the prerogative of the House of Representatives, as it is the legislative authority in the country."
She explained, "The amnesty law needs legislation, and the role of the Ministry of Justice is limited to implementing the laws in force and previously legislated."
It is noteworthy that the House of Representatives approved the last version of the General Amnesty Law at the end of August 2016, after long political disputes, but parliamentary blocs considered that it had emptied its content, after deleting a number of items and paragraphs related to reviewing the file of the convicts and the circumstances of their trial.
The first amendment to the law took place in early November 2017, after a request was made by political forces that are currently affiliated with the "Coordination Framework" alliance.
The most prominent amendments included the inclusion of arrested persons who are being settled with those with a personal right to amnesty, in addition to including those whose funds are paid to the public interest for corruption crimes.
Political parties raised a debate about the possibility of passing the general amnesty law, which the agreement to form the government of Muhammad Shia al-Sudani stipulated its approval, as deputies suggested that there would be no consensus on it during the coming period, amid fears that the law would be emptied of its content.
Raed al-Maliki, a member of the Parliamentary Legal Committee, confirmed that "the political agreement provided for the enactment of the general amnesty law, but he does not know the formula in which it will be presented, because if it is similar to the law that was legislated in 2016, then there will be a problem, because the law allowed retrials, and this is a derogation." He was challenged by the professionalism of the judiciary when it was said that previous trials were not real, and confessions were extracted under coercion," he said.
He pointed out that "enacting the law to pardon people is not possible, because it enables them to be pardoned directly without the need to accuse the judiciary of ruling by coercion."
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