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What punishment awaits "Momica" in Iraq?.. And what if Sweden refuses to extradite him?
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2023-06-30 01:46
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Shafaq News/ Iraq's request from the Swedish authorities to hand over "Sloan Momica", who burned a copy of the Qur'an in front of a mosque in Stockholm, raised questions about the punishment that might await him according to the Iraqi Penal Code, as well as the measures that Iraq can take if Sweden refuses to hand over this demand. .
The legal expert, Ali Al-Tamimi, told Shafaq News Agency, "There are legal procedures to extradite the criminal according to international law and Iraqi law, and according to international law, such actions are counted against the country in which the criminal is located , because countries have to abide by the United Nations Charter 1, 2, and 3, which It prevents countries from offending each other politically, socially, religiously and economically.
Al-Tamimi explains, "Such behavior offends millions of Muslims, and may cause ethnic cleansing of them, and therefore it violates the internal system of the International Criminal Court's law in Articles 5 and 6 in accordance with the Rome Convention of 1998, and such behavior necessitates the action of the concerned Organization of the Islamic Conference to prevent such transgressions affecting religious feeling.
As for Iraqi law, the legal expert stated, "The Penal Code was explicit in Articles 6, 9, and 14 regarding the extradition of wanted persons, which is at the direction of the President of the Supreme Judicial Council to the Public Prosecution, which is what actually happened in this case.”
Al-Tamimi explains the procedures, saying, "The Public Prosecution has a special division to prepare the file for recovering the wanted persons and refer the file to an investigation court to conduct investigations in the case. Then the Ministry of Foreign Affairs is approached to Send the file to the International Interpol, which turns Sweden's addresses to extradite the criminal to the Iraqi authorities, according to the Interpol agreement." It is signed by 195 countries, including Iraq and Sweden, and this organization issues 7 memorandums, the most dangerous of which is Al-Ahmar, supported by evidence, and this case that we are dealing with is supported by evidence.
And he continues, “Also, Articles 6 and 9 of the Penal Code say that even if the crime was committed outside Iraq and had an impact on the Iraqi interior, it is possible to prosecute the person who did that, and if he is extradited.” , his trial will be according to Article 372 of the Iraqi Penal Code No. 111 of 1969, which is the penalty for blasphemy is up to 3 years in prison.
What if Sweden abstains?
And the legal expert warns that, "In the event that Sweden refuses to extradite the criminal, Iraq has the right to sue Sweden in the International Court for violating the International Interpol Convention and Convention 102 of the Charter of the United Nations, and Iraq can win these lawsuits because the act that the criminal committed affects the unity and sovereignty of Iraq.” .
He points out that "Iraq can also be an object to the Swedish embassy and even expel the ambassador for being persona non grata and close to the embassy, according to the Vienna Convention on Diplomatic Relations of 1961."
With regard to the demonstration in front of the Swedish embassy in Baghdad, yesterday, Thursday, and it is scheduled to start again today, Friday, Al-Tamimi asserts, “The demonstration is legitimate and permissible, because this crime touched the feelings of Muslims , and the demonstration expressed the popular will that had an angry opinion of the act of insulting the Qur’an.” sheriff.
The President of the Supreme Judicial Council, Judge Faeq Zaidan, instructed the Presidency of the Public Prosecution, in coordination with the first Karkh Investigation Court, to complete the legal procedures for requesting the extradition of the refugee of Iraqi origins who committed the burning of the Qur'an from the State of Sweden, in accordance with the provisions of Article 14 of the Iraqi Penal Code in force.
In turn, the spokesman for the Ministry of Foreign Affairs, Ahmed Al-Sahhaf, said, “The person who insulted the Holy Qur’an is of Iraqi nationality, so we demanded the Swedish authorities to hand him over to the Iraqi government for trial.” in accordance with Iraqi law.”
Yesterday, Thursday, the Iraqi Foreign Ministry summoned the Swedish ambassador in Baghdad and handed her over to protest the burning of a copy of the Qur'an by a refugee of Iraqi origin.
And the day before yesterday, Wednesday, a refugee of Iraqi origin tore up the Qur'an and set it on fire at the Stockholm Central Mosque, on the first day of Eid al-Adha, after obtaining a permit from the Swedish police.
In its decision, the police said, "The nature of the security risks associated with burning the Qur'an does not, under current laws, justify the refusal of the request."
The "green light" came two weeks after a Swedish appeals court rejected a police decision to deny permits for two demonstrations in Stockholm during which the Koran was to be burned.
In statements he made to the newspaper "Aftonbladet" in April, Momica, who fled to Sweden from Iraq, said that "his goal was not to obstruct Sweden's efforts to join (NATO)", and that he considered waiting for the Scandinavian country to join the alliance before organizing the demonstration. .
“I do not wish to harm this country that welcomed me and preserved my dignity,” Momica added.
Despite the widespread condemnation, Momica announced again that he would burn another copy of the Qur'an within 10 days
"Within 10 days, I will burn the Iraqi flag and a Koran in front of the Iraqi embassy in Stockholm," Silwan Momica, a 37-year-old Iraqi, told the Swedish newspaper Expressen, according to AFP.
He added that he was aware of the impact of his actions and had received "thousands of death threats".
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2023-06-30 01:46
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Shafaq News/ Iraq's request from the Swedish authorities to hand over "Sloan Momica", who burned a copy of the Qur'an in front of a mosque in Stockholm, raised questions about the punishment that might await him according to the Iraqi Penal Code, as well as the measures that Iraq can take if Sweden refuses to hand over this demand. .
The legal expert, Ali Al-Tamimi, told Shafaq News Agency, "There are legal procedures to extradite the criminal according to international law and Iraqi law, and according to international law, such actions are counted against the country in which the criminal is located , because countries have to abide by the United Nations Charter 1, 2, and 3, which It prevents countries from offending each other politically, socially, religiously and economically.
Al-Tamimi explains, "Such behavior offends millions of Muslims, and may cause ethnic cleansing of them, and therefore it violates the internal system of the International Criminal Court's law in Articles 5 and 6 in accordance with the Rome Convention of 1998, and such behavior necessitates the action of the concerned Organization of the Islamic Conference to prevent such transgressions affecting religious feeling.
As for Iraqi law, the legal expert stated, "The Penal Code was explicit in Articles 6, 9, and 14 regarding the extradition of wanted persons, which is at the direction of the President of the Supreme Judicial Council to the Public Prosecution, which is what actually happened in this case.”
Al-Tamimi explains the procedures, saying, "The Public Prosecution has a special division to prepare the file for recovering the wanted persons and refer the file to an investigation court to conduct investigations in the case. Then the Ministry of Foreign Affairs is approached to Send the file to the International Interpol, which turns Sweden's addresses to extradite the criminal to the Iraqi authorities, according to the Interpol agreement." It is signed by 195 countries, including Iraq and Sweden, and this organization issues 7 memorandums, the most dangerous of which is Al-Ahmar, supported by evidence, and this case that we are dealing with is supported by evidence.
And he continues, “Also, Articles 6 and 9 of the Penal Code say that even if the crime was committed outside Iraq and had an impact on the Iraqi interior, it is possible to prosecute the person who did that, and if he is extradited.” , his trial will be according to Article 372 of the Iraqi Penal Code No. 111 of 1969, which is the penalty for blasphemy is up to 3 years in prison.
What if Sweden abstains?
And the legal expert warns that, "In the event that Sweden refuses to extradite the criminal, Iraq has the right to sue Sweden in the International Court for violating the International Interpol Convention and Convention 102 of the Charter of the United Nations, and Iraq can win these lawsuits because the act that the criminal committed affects the unity and sovereignty of Iraq.” .
He points out that "Iraq can also be an object to the Swedish embassy and even expel the ambassador for being persona non grata and close to the embassy, according to the Vienna Convention on Diplomatic Relations of 1961."
With regard to the demonstration in front of the Swedish embassy in Baghdad, yesterday, Thursday, and it is scheduled to start again today, Friday, Al-Tamimi asserts, “The demonstration is legitimate and permissible, because this crime touched the feelings of Muslims , and the demonstration expressed the popular will that had an angry opinion of the act of insulting the Qur’an.” sheriff.
The President of the Supreme Judicial Council, Judge Faeq Zaidan, instructed the Presidency of the Public Prosecution, in coordination with the first Karkh Investigation Court, to complete the legal procedures for requesting the extradition of the refugee of Iraqi origins who committed the burning of the Qur'an from the State of Sweden, in accordance with the provisions of Article 14 of the Iraqi Penal Code in force.
In turn, the spokesman for the Ministry of Foreign Affairs, Ahmed Al-Sahhaf, said, “The person who insulted the Holy Qur’an is of Iraqi nationality, so we demanded the Swedish authorities to hand him over to the Iraqi government for trial.” in accordance with Iraqi law.”
Yesterday, Thursday, the Iraqi Foreign Ministry summoned the Swedish ambassador in Baghdad and handed her over to protest the burning of a copy of the Qur'an by a refugee of Iraqi origin.
And the day before yesterday, Wednesday, a refugee of Iraqi origin tore up the Qur'an and set it on fire at the Stockholm Central Mosque, on the first day of Eid al-Adha, after obtaining a permit from the Swedish police.
In its decision, the police said, "The nature of the security risks associated with burning the Qur'an does not, under current laws, justify the refusal of the request."
The "green light" came two weeks after a Swedish appeals court rejected a police decision to deny permits for two demonstrations in Stockholm during which the Koran was to be burned.
In statements he made to the newspaper "Aftonbladet" in April, Momica, who fled to Sweden from Iraq, said that "his goal was not to obstruct Sweden's efforts to join (NATO)", and that he considered waiting for the Scandinavian country to join the alliance before organizing the demonstration. .
“I do not wish to harm this country that welcomed me and preserved my dignity,” Momica added.
Despite the widespread condemnation, Momica announced again that he would burn another copy of the Qur'an within 10 days
"Within 10 days, I will burn the Iraqi flag and a Koran in front of the Iraqi embassy in Stockholm," Silwan Momica, a 37-year-old Iraqi, told the Swedish newspaper Expressen, according to AFP.
He added that he was aware of the impact of his actions and had received "thousands of death threats".
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