[size=35][size=35]"Theft of the Century"... Can the trial of the accused "Nour Zuhair" be public?[/size]
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2024-08-21 | 04:13
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Below are answers to all questions about this case and clarifications related to it.
*What is the theft of the century?
It is the theft of $2.5 billion (the US dollar is approximately equal to 1310 Iraqi dinars) of tax trust funds belonging to foreign companies and deposited in Iraqi government banks, in which several businessmen and influential figures participated through fraud and forgery.
While most of them fled and some of them were arrested, a small portion of the stolen amounts was recovered, and the theft was revealed by several concerned parties about two months before the end of the previous government headed by Mustafa Al-Kadhimi, and the most prominent of those involved or accused was the Iraqi businessman Nour Zuhair.
Who is the businessman Nour Zuhair?
He is the most famous and controversial figure in Iraq at the present time, and he is the first accused of stealing tax deposits, as well as the representative of the province of[You must be registered and logged in to see this link.]Mustafa Sand confirmed, in press statements, that Zuhair resides in the United Arab Emirates, and that if he does not appear in court again, the Iraqi government will resort to extraditing him through the International Police (Interpol).
Nour Zuhair also claimed that he is from a well-off family working in trade in the province of[You must be registered and logged in to see this link.]Southern Iraq, and he is the only son of his family. He was born in 1980. He is married and has four children, the eldest of whom is his daughter Fatima. He did not complete his studies at the College of Agriculture at the University of[You must be registered and logged in to see this link.]Due to being busy with work and travel, he pointed out that he had previously contracted with the Ministry of Commerce to provide ration card shares, especially oil, between 2006 and 2010.
Where did his trial reach?
The Central Criminal Court in[You must be registered and logged in to see this link.]Zuhair's trial was postponed to August 27 after it was scheduled for the 14th of the same month due to the defendant's failure to appear in court, which shocked the Iraqi street, especially since failure to appear in court is a clear legal violation. The
decision to release Nour Zuhair was taken under unclear circumstances, but the goal was to push him to sell his properties and return the stolen money, as part of an agreement concluded with the Iraqi government about a month after his arrest in[You must be registered and logged in to see this link.].
Can the trial be public?
A senior source in the Integrity Commission - who requested anonymity - confirmed that the competent court is the one that decides whether the trial will be public or not, according to the data and circumstances of the case, without providing further details.
Regarding the mechanisms followed in the judiciary regarding the publicity of trials, researcher and writer in legal and judicial affairs and former judge Salem Rawdan Al-Moussawi says that the principle of the trial is that it should be public, which is one of the principles of a fair trial. This means that it should be available to the public for whoever wants to attend, unless the court decides that the trial should be secret due to security circumstances or circumstances related to the private lives of individuals. Al-
Moussawi pointed out that the confidentiality in it concerns the public and not those concerned, such as lawyers, according to Article 152 of the Criminal Procedure Code No. 23 of 1971. He also explained that broadcasting the trial via the media requires the approval of the judicial authority, which is the one that decides that.
Article 152 stipulates that trial sessions must be public, unless the court decides that all or some of them should be secret, and that only those involved in the case should attend, in the interests of security or maintaining morals. It may also prevent certain categories of people from attending.
In this context, Bassem Khashan, a member of the Integrity Commission in the House of Representatives, demanded that the trial of the “fugitive defendant” Nour Zuhair be public, stressing the importance of broadcasting the trial live on a satellite channel, and pointing out that all Iraqis are parties to this case.
Khashan said, "It is natural for the accused Nour Zuhair to appear in the media defending himself and his actions, so the trial must be public since he is the main accused of stealing tax deposits, similar to the trial of former regime leader Saddam Hussein."
What is expected from the court?
In contrast, Judge Haider Hanoun had previously expressed his hope for a "severe and deterrent sentence" against Nour Zuhair, stressing that he will not escape punishment for his involvement in other corruption cases, and indicating that the investigation court referred the first case concerning him to the judiciary, and there are other defendants, some of whom have been granted bail.
The head of the court, Judge Khalid Saddam, sent an official letter to the Integrity Commission - Investigations Department, setting the 27th of this month as the date for the trial of the accused, "Nour Zuhair Jassim", in accordance with the provisions of Article 331 of the Iraqi Penal Code. The judge asked the commission to notify the accused of the date set for the trial and to send the notification to the court before the agreed date.
Article 331 states that “any employee or person charged with a public service who intentionally commits a violation of his job duties, or refrains from performing any of his duties, with the intent to harm the interest of an individual, or with the intent to benefit one person at the expense of another, or at the expense of the state, shall be punished by imprisonment and a fine, or one of these two penalties.”
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Is the accused’s appearance on television considered a media violation?
Regarding hosting Zuhair on a satellite channel while he was still a defendant in a major case and before his trial, the Communications and Media Commission stated that the interview conducted by a television channel with him falls within the violations of media regulations.
Hisham al-Rikabi, a member of the Commission’s Board of Commissioners, explained that the Iraqi judiciary has not yet issued a decision or ruling in Nour Zuhair’s case, so hosting him is a violation of the regulations approved by the Commission in this regard, pointing out the need for the media to verify credibility and neutrality in covering events.
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2024-08-21 | 04:13
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Alsumaria News - Local:
The first accused of stealing tax deposits in Iraq - or what is known in the media as the "theft of the century" - Nour Zuhair is scheduled to appear before the Central Criminal Court in [You must be registered and logged in to see this link.] for trial on the 27th of this month.
[ltr]
0 seconds of 0 secondsVolume 0%
[/ltr]
Below are answers to all questions about this case and clarifications related to it.
*What is the theft of the century?
It is the theft of $2.5 billion (the US dollar is approximately equal to 1310 Iraqi dinars) of tax trust funds belonging to foreign companies and deposited in Iraqi government banks, in which several businessmen and influential figures participated through fraud and forgery.
While most of them fled and some of them were arrested, a small portion of the stolen amounts was recovered, and the theft was revealed by several concerned parties about two months before the end of the previous government headed by Mustafa Al-Kadhimi, and the most prominent of those involved or accused was the Iraqi businessman Nour Zuhair.
Who is the businessman Nour Zuhair?
He is the most famous and controversial figure in Iraq at the present time, and he is the first accused of stealing tax deposits, as well as the representative of the province of[You must be registered and logged in to see this link.]Mustafa Sand confirmed, in press statements, that Zuhair resides in the United Arab Emirates, and that if he does not appear in court again, the Iraqi government will resort to extraditing him through the International Police (Interpol).
Nour Zuhair also claimed that he is from a well-off family working in trade in the province of[You must be registered and logged in to see this link.]Southern Iraq, and he is the only son of his family. He was born in 1980. He is married and has four children, the eldest of whom is his daughter Fatima. He did not complete his studies at the College of Agriculture at the University of[You must be registered and logged in to see this link.]Due to being busy with work and travel, he pointed out that he had previously contracted with the Ministry of Commerce to provide ration card shares, especially oil, between 2006 and 2010.
Where did his trial reach?
The Central Criminal Court in[You must be registered and logged in to see this link.]Zuhair's trial was postponed to August 27 after it was scheduled for the 14th of the same month due to the defendant's failure to appear in court, which shocked the Iraqi street, especially since failure to appear in court is a clear legal violation. The
decision to release Nour Zuhair was taken under unclear circumstances, but the goal was to push him to sell his properties and return the stolen money, as part of an agreement concluded with the Iraqi government about a month after his arrest in[You must be registered and logged in to see this link.].
Can the trial be public?
A senior source in the Integrity Commission - who requested anonymity - confirmed that the competent court is the one that decides whether the trial will be public or not, according to the data and circumstances of the case, without providing further details.
Regarding the mechanisms followed in the judiciary regarding the publicity of trials, researcher and writer in legal and judicial affairs and former judge Salem Rawdan Al-Moussawi says that the principle of the trial is that it should be public, which is one of the principles of a fair trial. This means that it should be available to the public for whoever wants to attend, unless the court decides that the trial should be secret due to security circumstances or circumstances related to the private lives of individuals. Al-
Moussawi pointed out that the confidentiality in it concerns the public and not those concerned, such as lawyers, according to Article 152 of the Criminal Procedure Code No. 23 of 1971. He also explained that broadcasting the trial via the media requires the approval of the judicial authority, which is the one that decides that.
Article 152 stipulates that trial sessions must be public, unless the court decides that all or some of them should be secret, and that only those involved in the case should attend, in the interests of security or maintaining morals. It may also prevent certain categories of people from attending.
In this context, Bassem Khashan, a member of the Integrity Commission in the House of Representatives, demanded that the trial of the “fugitive defendant” Nour Zuhair be public, stressing the importance of broadcasting the trial live on a satellite channel, and pointing out that all Iraqis are parties to this case.
Khashan said, "It is natural for the accused Nour Zuhair to appear in the media defending himself and his actions, so the trial must be public since he is the main accused of stealing tax deposits, similar to the trial of former regime leader Saddam Hussein."
What is expected from the court?
In contrast, Judge Haider Hanoun had previously expressed his hope for a "severe and deterrent sentence" against Nour Zuhair, stressing that he will not escape punishment for his involvement in other corruption cases, and indicating that the investigation court referred the first case concerning him to the judiciary, and there are other defendants, some of whom have been granted bail.
The head of the court, Judge Khalid Saddam, sent an official letter to the Integrity Commission - Investigations Department, setting the 27th of this month as the date for the trial of the accused, "Nour Zuhair Jassim", in accordance with the provisions of Article 331 of the Iraqi Penal Code. The judge asked the commission to notify the accused of the date set for the trial and to send the notification to the court before the agreed date.
Article 331 states that “any employee or person charged with a public service who intentionally commits a violation of his job duties, or refrains from performing any of his duties, with the intent to harm the interest of an individual, or with the intent to benefit one person at the expense of another, or at the expense of the state, shall be punished by imprisonment and a fine, or one of these two penalties.”
[You must be registered and logged in to see this link.]
Is the accused’s appearance on television considered a media violation?
Regarding hosting Zuhair on a satellite channel while he was still a defendant in a major case and before his trial, the Communications and Media Commission stated that the interview conducted by a television channel with him falls within the violations of media regulations.
Hisham al-Rikabi, a member of the Commission’s Board of Commissioners, explained that the Iraqi judiciary has not yet issued a decision or ruling in Nour Zuhair’s case, so hosting him is a violation of the regulations approved by the Commission in this regard, pointing out the need for the media to verify credibility and neutrality in covering events.
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