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Head of Al-Karkh Appeal: Recovering hundreds of billions of corruption money, most of which was for buying real estate
- Time: 05/27/2024 14:08:23
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{Politics: Al-Furat News} The head of the Baghdad / Al-Karkh Court of Appeal, Judge Khaled Taha Al-Mashhadani, confirmed the success of the anti-corruption investigation and criminal courts in this presidency, which are concerned with major corruption cases, in recovering hundreds of billions of funds obtained from corruption crimes, while pointing out that most This money was used to buy real estate and deposit it in banks. He pointed out that the court had dealt with the trial and conviction of influential and powerful senior officials since its formation.
In an extensive interview with Al-Qadha newspaper, he spoke about the judiciary receiving about 28 terabytes of digital evidence related to ISIS terrorist crimes from the UNITAD team that completed its work in Iraq.
In the case of drug crimes, the judge did not deny that they are still worsening to the point that punitive sentences are no longer sufficient to treat them, because there are other factors that contribute to their increase, and that the solutions and treatments lie through state intervention in controlling the borders with neighboring countries and intensifying intelligence work to control drugs before they are promoted in the country. Governorates of Iraq, in addition to the need for the state to pay attention to education and awareness of the dangers of drugs through visual and print media.
In another context, he believes that the rulings issued by the court against the owners of degrading content contributed to controlling the “uncontrolled rhythm” that characterized social networking sites, noting that these rulings came after exhausting all measures necessary to push them to review their content.
The text of the dialogue is as follows:
* Tell us, first, about the work of the Anti-Corruption Court. What are the most prominent crimes and files that it examines, and what is the rate of resolution of cases in them?
- The Supreme Judicial Council was keen to contribute effectively to the fight against corruption through the formation of the Central Anti-Corruption Investigation and Criminal Courts in accordance with Statement No. 96 of 2019. Its headquarters will be located in the Presidency of the Baghdad / Al-Karkh Court of Appeal, and it will be specialized in looking into major corruption cases and those related to defendants who hold public positions. It is important in all authorities and state institutions. The court also hears corruption cases that concern ordinary people who are related to corruption cases related to those accused of holding positions in the state, such as contractors, merchants, and politicians.
* Who is responsible for investigating these important cases?
The investigation mission was entrusted to the Central Anti-Corruption Criminal Investigation Court in Baghdad Al-Karkh Appeal, which specializes in investigating all crimes committed in Baghdad and the rest of the governorates in coordination with the presidency of the Baghdad/Karkh and Rusafa Courts of Appeal. As for the mechanism for selecting cases within the jurisdiction of this court, it was outlined in Statement No. 96 of 2019 to be selected by the Presidency of the Public Prosecution after deliberating with the Integrity Commission in coordination with the court. After that, the scope of the court’s work expanded and major corruption cases were referred to it as chosen by the Supreme Anti-Corruption Committee of the Integrity Commission in coordination with the investigating judge of the Central Anti-Corruption Criminal Court. In addition to the cases that are transferred to it in accordance with the provisions of Article 142 of the Code of Criminal Procedure, and the cases that were in the custody of the abolished Diwani Order Committee No. 29 of 2020.
* What are the most prominent cases referred to the Central Anti-Corruption Criminal Court?
Many cases were referred that involved a large waste of public money or concerned a number of senior state officials. The court issued various rulings, whether criminalizing, convicting, or releasing, in light of the evidence available in each case. It did not hesitate to issue deterrent penalties against those convicted, in addition to seizing funds. Movable and immovable property for escaped convicts. The court also obligated those convicted of the crime of illegal gain to return the value of the illegal gain and not to release the convicts until the fine amount is paid and the value of the illegal gain is returned.
* Regarding the recovery of funds, how much money has been recovered since the formation of the court?
- There are ongoing efforts in many cases related to crimes of administrative and financial corruption. In some cases considered by this court, the funds obtained from the crime in question were followed up and parallel investigations were conducted in this regard. Accordingly, sums of money obtained by the defendants amounting to billions were recovered. It relates to exchange companies and others, and through investigations it was found that many of the financial proceeds from the crime were used in several areas, including buying real estate, buying shares, or depositing that money in banks or in other areas.
* Have you seized interests derived from crime funds? How does the court deal with them?
- Properties purchased with money obtained from the crime were seized, a judicial guard was appointed over them, they were managed according to the law, and the accused were referred to the subject courts until rulings were issued to confiscate them in favor of the Ministry of Finance. In addition, there are efforts being made to follow up on the funds smuggled outside Iraq and recover them based on decisions. Judicial rulings earned girls the grade, and the Supreme Judicial Council took important steps in this aspect in implementing international agreements.
* Tell us about the funds recovered from the most important cases that caused damage to public funds?
One of these cases is related to the violations committed in the Ministry of Commerce/Export Support Fund by depositing an amount of 69 billion Iraqi dinars in the United Investment Bank in violation of the controls of the Central Bank of Iraq, as the amount of 21 billion Iraqi dinars was recovered, and a case related to inflation in funds amounting to 9 billion Iraqi dinars. The full amount was recovered, in addition to another case in accordance with the provisions of Article 36 of the Integrity and Illegal Gains Law, and it concerns money obtained from a crime, where the amount of one billion and 790 million Iraqi dinars was recovered, as well as a case related to forging retirement identities and receiving their amounts, where the amounts received were recovered. According to the false identities, it amounted to 160 million Iraqi dinars, as well as a case of inflated funds belonging to a director in the Anbar Retirement Authority, in which an amount of 5 million US dollars was recovered, and the case was referred to the trial court, and also a case related to the inflated funds of a general director in the Ministry of Oil, amounting to 16 billion. An Iraqi dinar, from which an amount of one billion and five hundred million Iraqi dinars was recovered, and the lawsuit related to violations occurring in the sale of black oil by the oil marketing company, as an amount of 14 million and 500 thousand US dollars was recovered.
* Were officials in high positions punished during this period of the court’s work?
- The court dealt with the trial of senior officials in the state and those with influence and influence, according to transparent and fair trials in which all legal guarantees were available. The most prominent of these trials was the trial of a representative in the Iraqi parliament in accordance with the provisions of Resolution 160 of 1983 amended to catch him receiving bribes and prosecuting a number of ministers and governors for causing the waste of money. General, and to try in absentia the former head of the intelligence service and the director of the National Operations Center, in addition to a large number of general directors, and to issue appropriate penalties against them.
* What about the completion rates and the anti-corruption cases still under trial?
- The percentage of cases referred to the court is constantly increasing. For example, the number of pending cases in 2021 reached 96 cases, of which 92 cases were resolved, and in 2022 the cases reached 97 cases, of which 96 cases were resolved, and in 2023 it reached 174 cases, of which 171 cases were settled, and the pending cases in the year From 2024 until April 25, 2024, there were 80 cases, of which 55 cases were resolved, and the cases that are still under trial are 25 cases, and the court is moving toward resolving them after completing the trial procedures in accordance with the rules. Through this statistic, we find that the Anti-Corruption Criminal Court has achieved great achievements. In order to combat corruption, it represented the resolution of a very large percentage of the important cases referred to it, in addition to the issuance of judgments and deterrent penalties.
* Aside from financial corruption, the criminal courts in Al-Karkh have considered many cases regarding the drug scourge. Does resolving the cases have a positive impact in terms of reducing the spread of this crime, or are there still large files that have not been examined?
Drug trafficking and abuse are among the dangerous crimes that have spread in the country and have become no less dangerous than terrorist crimes, and despite the many rulings issued by the courts against drug traffickers, some of which led to the death penalty, this has not curbed the spread of this crime, so we have not been touched by The practical reality is that these rulings have significantly limited the spread of this crime, because the spread of the crime of drug trafficking is not linked to the criminal rulings issued by the courts alone, as the matter is linked to a number of factors, including social and economic factors and other factors that helped in the spread. This crime, and these factors must be addressed for the purpose of reducing the danger of the spread of drug trafficking, and that the solutions and treatments lie through the state’s intervention in controlling the borders with neighboring countries and intensifying intelligence work to control drugs before they are promoted in the governorates of Iraq, in addition to the need for the state’s attention to education and awareness of the dangers of drugs from Through visual and print media.
* What about the digital data received from the UNITAD international investigation team regarding ISIS terrorist crimes in Iraq?
- The evidence office of the UNITAD investigation team handed over to this presidency (27.97) terabytes of unprocessed digital evidence collected by the international investigation team during its work inside Iraq, including hard disks and ten hard drives, and after receiving it, a working team was formed from Before the First Karkh Investigation Court and the Iraqi National Intelligence Service for the purpose of examining and classifying the data stored within it, knowing its content, and providing the court with a detailed report on that, and the team is still continuing to work to analyze the digital data.
* Cybercrime: Are they still increasing or have they been controlled? Is there cooperation with security agencies to reduce them?
Electronic blackmail crimes are still on the rise, and this is observed through the clear increase in complaints registered with the courts, where blackmailers resort to committing this type of crime to achieve financial gains, and the most important problem that leads to the delay in completing the investigation into these cases is the delay in receiving Answers from the parties being addressed, including the Electronic Crime Division in the Ministry of Interior - the Communications Security Department in the National Security Agency, regarding providing the court with answers for the purpose of identifying the users of the account holders used by blackmailers, which are often fake accounts and phone numbers without ownership, which require technical efforts. Great work and real work to reach the perpetrators, and the courts urged the aforementioned technical authorities to quickly respond to communications in this regard, and we suggested to them to increase the technical personnel working in this field in order to prepare the technical reports required in electronic extortion lawsuits, which lead to identifying the perpetrators and presenting them to the judiciary, in addition to conducting campaigns. Awareness and education for young people by security and educational authorities to reduce the phenomenon of electronic blackmail.
* Let us conclude our talk about the sentences issued against those convicted of promoting degrading content. Have they contributed to reducing this phenomenon on the street or on social media?
- The designation of degrading content refers to the crimes stipulated in the Penal Code in Book Two, crimes that are harmful to the public interest, specifically in Chapter Nine / crimes against morals and public morals. Elimination procedures were limited to cases that represent a blatant violation of the values of the family and society, based on its common role with the rest of the people. State institutions stipulated in Article (29) / First / A / B) of the Constitution, in protecting the religious, moral and national values of the family, and protecting childhood, and based on that, many rulings were issued against the perpetrators of crimes of indecent acts that violate public modesty, and published them on social media sites. Social provisions varied between imprisonment and a fine depending on the gravity of the act committed by the convicts and the extent of its impact on the family and society.
* Did these rulings contribute to deterrence?
- Yes, it contributed to a large extent in controlling the uncontrolled rhythm that characterized social networking sites, and the sentences issued against the convicts were supported by large segments of society, with the Supreme Judicial Council emphasizing that the trial of the owners of such content should take place after exhausting all Measures to push these people to review their content, and engage in creating useful content that is far from vulgarity and obscenity, and that these measures should be carried out by the bodies regulating the digital environment, such as the Communications and Media Authority with regard to cooperation with social media platforms to set controls for their optimal use, and the Tourism Authority, The Ministry of Interior regarding monitoring nightclubs, through which it publishes many indecent clips, and the Artists Syndicate regarding licensing workers in those clubs.
[You must be registered and logged in to see this link.]
{Politics: Al-Furat News} The head of the Baghdad / Al-Karkh Court of Appeal, Judge Khaled Taha Al-Mashhadani, confirmed the success of the anti-corruption investigation and criminal courts in this presidency, which are concerned with major corruption cases, in recovering hundreds of billions of funds obtained from corruption crimes, while pointing out that most This money was used to buy real estate and deposit it in banks. He pointed out that the court had dealt with the trial and conviction of influential and powerful senior officials since its formation.
In an extensive interview with Al-Qadha newspaper, he spoke about the judiciary receiving about 28 terabytes of digital evidence related to ISIS terrorist crimes from the UNITAD team that completed its work in Iraq.
In the case of drug crimes, the judge did not deny that they are still worsening to the point that punitive sentences are no longer sufficient to treat them, because there are other factors that contribute to their increase, and that the solutions and treatments lie through state intervention in controlling the borders with neighboring countries and intensifying intelligence work to control drugs before they are promoted in the country. Governorates of Iraq, in addition to the need for the state to pay attention to education and awareness of the dangers of drugs through visual and print media.
In another context, he believes that the rulings issued by the court against the owners of degrading content contributed to controlling the “uncontrolled rhythm” that characterized social networking sites, noting that these rulings came after exhausting all measures necessary to push them to review their content.
The text of the dialogue is as follows:
* Tell us, first, about the work of the Anti-Corruption Court. What are the most prominent crimes and files that it examines, and what is the rate of resolution of cases in them?
- The Supreme Judicial Council was keen to contribute effectively to the fight against corruption through the formation of the Central Anti-Corruption Investigation and Criminal Courts in accordance with Statement No. 96 of 2019. Its headquarters will be located in the Presidency of the Baghdad / Al-Karkh Court of Appeal, and it will be specialized in looking into major corruption cases and those related to defendants who hold public positions. It is important in all authorities and state institutions. The court also hears corruption cases that concern ordinary people who are related to corruption cases related to those accused of holding positions in the state, such as contractors, merchants, and politicians.
* Who is responsible for investigating these important cases?
The investigation mission was entrusted to the Central Anti-Corruption Criminal Investigation Court in Baghdad Al-Karkh Appeal, which specializes in investigating all crimes committed in Baghdad and the rest of the governorates in coordination with the presidency of the Baghdad/Karkh and Rusafa Courts of Appeal. As for the mechanism for selecting cases within the jurisdiction of this court, it was outlined in Statement No. 96 of 2019 to be selected by the Presidency of the Public Prosecution after deliberating with the Integrity Commission in coordination with the court. After that, the scope of the court’s work expanded and major corruption cases were referred to it as chosen by the Supreme Anti-Corruption Committee of the Integrity Commission in coordination with the investigating judge of the Central Anti-Corruption Criminal Court. In addition to the cases that are transferred to it in accordance with the provisions of Article 142 of the Code of Criminal Procedure, and the cases that were in the custody of the abolished Diwani Order Committee No. 29 of 2020.
* What are the most prominent cases referred to the Central Anti-Corruption Criminal Court?
Many cases were referred that involved a large waste of public money or concerned a number of senior state officials. The court issued various rulings, whether criminalizing, convicting, or releasing, in light of the evidence available in each case. It did not hesitate to issue deterrent penalties against those convicted, in addition to seizing funds. Movable and immovable property for escaped convicts. The court also obligated those convicted of the crime of illegal gain to return the value of the illegal gain and not to release the convicts until the fine amount is paid and the value of the illegal gain is returned.
* Regarding the recovery of funds, how much money has been recovered since the formation of the court?
- There are ongoing efforts in many cases related to crimes of administrative and financial corruption. In some cases considered by this court, the funds obtained from the crime in question were followed up and parallel investigations were conducted in this regard. Accordingly, sums of money obtained by the defendants amounting to billions were recovered. It relates to exchange companies and others, and through investigations it was found that many of the financial proceeds from the crime were used in several areas, including buying real estate, buying shares, or depositing that money in banks or in other areas.
* Have you seized interests derived from crime funds? How does the court deal with them?
- Properties purchased with money obtained from the crime were seized, a judicial guard was appointed over them, they were managed according to the law, and the accused were referred to the subject courts until rulings were issued to confiscate them in favor of the Ministry of Finance. In addition, there are efforts being made to follow up on the funds smuggled outside Iraq and recover them based on decisions. Judicial rulings earned girls the grade, and the Supreme Judicial Council took important steps in this aspect in implementing international agreements.
* Tell us about the funds recovered from the most important cases that caused damage to public funds?
One of these cases is related to the violations committed in the Ministry of Commerce/Export Support Fund by depositing an amount of 69 billion Iraqi dinars in the United Investment Bank in violation of the controls of the Central Bank of Iraq, as the amount of 21 billion Iraqi dinars was recovered, and a case related to inflation in funds amounting to 9 billion Iraqi dinars. The full amount was recovered, in addition to another case in accordance with the provisions of Article 36 of the Integrity and Illegal Gains Law, and it concerns money obtained from a crime, where the amount of one billion and 790 million Iraqi dinars was recovered, as well as a case related to forging retirement identities and receiving their amounts, where the amounts received were recovered. According to the false identities, it amounted to 160 million Iraqi dinars, as well as a case of inflated funds belonging to a director in the Anbar Retirement Authority, in which an amount of 5 million US dollars was recovered, and the case was referred to the trial court, and also a case related to the inflated funds of a general director in the Ministry of Oil, amounting to 16 billion. An Iraqi dinar, from which an amount of one billion and five hundred million Iraqi dinars was recovered, and the lawsuit related to violations occurring in the sale of black oil by the oil marketing company, as an amount of 14 million and 500 thousand US dollars was recovered.
* Were officials in high positions punished during this period of the court’s work?
- The court dealt with the trial of senior officials in the state and those with influence and influence, according to transparent and fair trials in which all legal guarantees were available. The most prominent of these trials was the trial of a representative in the Iraqi parliament in accordance with the provisions of Resolution 160 of 1983 amended to catch him receiving bribes and prosecuting a number of ministers and governors for causing the waste of money. General, and to try in absentia the former head of the intelligence service and the director of the National Operations Center, in addition to a large number of general directors, and to issue appropriate penalties against them.
* What about the completion rates and the anti-corruption cases still under trial?
- The percentage of cases referred to the court is constantly increasing. For example, the number of pending cases in 2021 reached 96 cases, of which 92 cases were resolved, and in 2022 the cases reached 97 cases, of which 96 cases were resolved, and in 2023 it reached 174 cases, of which 171 cases were settled, and the pending cases in the year From 2024 until April 25, 2024, there were 80 cases, of which 55 cases were resolved, and the cases that are still under trial are 25 cases, and the court is moving toward resolving them after completing the trial procedures in accordance with the rules. Through this statistic, we find that the Anti-Corruption Criminal Court has achieved great achievements. In order to combat corruption, it represented the resolution of a very large percentage of the important cases referred to it, in addition to the issuance of judgments and deterrent penalties.
* Aside from financial corruption, the criminal courts in Al-Karkh have considered many cases regarding the drug scourge. Does resolving the cases have a positive impact in terms of reducing the spread of this crime, or are there still large files that have not been examined?
Drug trafficking and abuse are among the dangerous crimes that have spread in the country and have become no less dangerous than terrorist crimes, and despite the many rulings issued by the courts against drug traffickers, some of which led to the death penalty, this has not curbed the spread of this crime, so we have not been touched by The practical reality is that these rulings have significantly limited the spread of this crime, because the spread of the crime of drug trafficking is not linked to the criminal rulings issued by the courts alone, as the matter is linked to a number of factors, including social and economic factors and other factors that helped in the spread. This crime, and these factors must be addressed for the purpose of reducing the danger of the spread of drug trafficking, and that the solutions and treatments lie through the state’s intervention in controlling the borders with neighboring countries and intensifying intelligence work to control drugs before they are promoted in the governorates of Iraq, in addition to the need for the state’s attention to education and awareness of the dangers of drugs from Through visual and print media.
* What about the digital data received from the UNITAD international investigation team regarding ISIS terrorist crimes in Iraq?
- The evidence office of the UNITAD investigation team handed over to this presidency (27.97) terabytes of unprocessed digital evidence collected by the international investigation team during its work inside Iraq, including hard disks and ten hard drives, and after receiving it, a working team was formed from Before the First Karkh Investigation Court and the Iraqi National Intelligence Service for the purpose of examining and classifying the data stored within it, knowing its content, and providing the court with a detailed report on that, and the team is still continuing to work to analyze the digital data.
* Cybercrime: Are they still increasing or have they been controlled? Is there cooperation with security agencies to reduce them?
Electronic blackmail crimes are still on the rise, and this is observed through the clear increase in complaints registered with the courts, where blackmailers resort to committing this type of crime to achieve financial gains, and the most important problem that leads to the delay in completing the investigation into these cases is the delay in receiving Answers from the parties being addressed, including the Electronic Crime Division in the Ministry of Interior - the Communications Security Department in the National Security Agency, regarding providing the court with answers for the purpose of identifying the users of the account holders used by blackmailers, which are often fake accounts and phone numbers without ownership, which require technical efforts. Great work and real work to reach the perpetrators, and the courts urged the aforementioned technical authorities to quickly respond to communications in this regard, and we suggested to them to increase the technical personnel working in this field in order to prepare the technical reports required in electronic extortion lawsuits, which lead to identifying the perpetrators and presenting them to the judiciary, in addition to conducting campaigns. Awareness and education for young people by security and educational authorities to reduce the phenomenon of electronic blackmail.
* Let us conclude our talk about the sentences issued against those convicted of promoting degrading content. Have they contributed to reducing this phenomenon on the street or on social media?
- The designation of degrading content refers to the crimes stipulated in the Penal Code in Book Two, crimes that are harmful to the public interest, specifically in Chapter Nine / crimes against morals and public morals. Elimination procedures were limited to cases that represent a blatant violation of the values of the family and society, based on its common role with the rest of the people. State institutions stipulated in Article (29) / First / A / B) of the Constitution, in protecting the religious, moral and national values of the family, and protecting childhood, and based on that, many rulings were issued against the perpetrators of crimes of indecent acts that violate public modesty, and published them on social media sites. Social provisions varied between imprisonment and a fine depending on the gravity of the act committed by the convicts and the extent of its impact on the family and society.
* Did these rulings contribute to deterrence?
- Yes, it contributed to a large extent in controlling the uncontrolled rhythm that characterized social networking sites, and the sentences issued against the convicts were supported by large segments of society, with the Supreme Judicial Council emphasizing that the trial of the owners of such content should take place after exhausting all Measures to push these people to review their content, and engage in creating useful content that is far from vulgarity and obscenity, and that these measures should be carried out by the bodies regulating the digital environment, such as the Communications and Media Authority with regard to cooperation with social media platforms to set controls for their optimal use, and the Tourism Authority, The Ministry of Interior regarding monitoring nightclubs, through which it publishes many indecent clips, and the Artists Syndicate regarding licensing workers in those clubs.
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