[size=38]Iraq's Judiciary Under Fire: An Organized Campaign Threatens the Fortress of Justice[/size]
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September 7, 2024[You must be registered and logged in to see this link.]
Baghdad/Al-Masala: The judiciary in Iraq is being subjected to an organized hostile campaign aimed at undermining the citizen’s confidence in this pivotal institution.
The campaign comes at a time when Iraq is witnessing successive crises in major files, such as the “theft of the century” and the eavesdropping case, in addition to controversial statements by the head of the Integrity Commission, Haider Hanoun, while the Coordination Framework, which represents one of the most prominent political alliances, is moving to contain these crises by supporting the course of judicial investigations and preserving the cohesion of the political system.
The recent Coordination Framework meeting, attended by Prime Minister Mohammed Shia al-Sudani, stressed the need to hold accountable those involved in recent crises, while emphasizing the importance of supporting the judiciary as the “fortress of the democratic system.” The meeting came amid increasing accusations against the judiciary by various parties, some of which are of a local nature, which has added an additional burden on the political and judicial system in the country.
In this context, the head of the State of Law Coalition, Nouri al-Maliki, expressed his dissatisfaction with the statements of the head of the Integrity Commission that extended to the judiciary, warning of the repercussions of the “misunderstanding” between the three authorities: the executive, legislative and judicial. Al-Maliki stressed the need for cooperation and understanding between these authorities to maintain the stability of the political process, highlighting that the Iraqi political system is based on democracy and the separation of powers.
Analyses indicate that these attacks on the judiciary pose a serious threat to the country's stability and are the beginning of more serious repercussions than terrorist attacks. Some parliamentary blocs considered this media campaign against the judiciary to be politicized and with clear objectives, as local and international parties promote the belittling of the role of the judiciary in order to achieve private interests.
The head of the Supreme Judicial Council in Iraq, Faiq Zidane, confirmed in statements that the judiciary is continuing to fight corruption.
Zidane said, “The Supreme Judicial Council continues to fight corruption to a great extent, and we have achieved great successes, especially in the file of recovering stolen funds.”
Sources monitoring the situation speak of the involvement of parties in Kurdistan and Baghdad in this campaign with the aim of preventing the judiciary from opening sensitive files related to corruption and oil smuggling. Reports indicate that these parties are seeking to undermine the independence of the judiciary to pass their agendas without legal oversight. Activists also spoke of the existence of paid “electronic armies” working to tarnish the reputation of the judiciary and spread rumors about it.
In this context, it appears that the systematic campaign against the Iraqi judiciary is not just a passing political dispute, but rather an attempt to disrupt its role as a protector of justice and guarantor of the stability of the political system, which raises widespread fears about the effects of these attacks on the future of Iraq as a state of law and institutions.
Successes
The Iraqi judiciary has played a pivotal role in addressing a number of important issues that have had a major impact on the country’s stability and the course of the political process. Among these issues, some of the main issues that the judiciary has successfully dealt with can be highlighted:
ISIS File: The Iraqi judiciary has successfully tried thousands of people accused of terrorism, especially after liberating large areas from ISIS control. The trials included ISIS members and their collaborators, and issued sentences ranging from death to imprisonment, which contributed to enhancing security and stability.
Terrorism Crime Trials: The judiciary has helped bring terrorists to justice through specialized courts, which has enabled Iraq to deal with the terrorism file seriously and firmly, despite the great challenges.
Anti-corruption file: The judiciary succeeded in prosecuting many officials and government employees involved in financial and administrative corruption cases. Despite political challenges and pressures, a number of cases were referred to the courts, and the judiciary played a role in recovering the looted funds.
Theft of the Century: The Iraqi judiciary played a prominent role in dealing with this case, which involved the theft of huge sums of public funds. Investigations and judicial procedures resulted in uncovering the perpetrators and those involved in this sensitive case.
Prosecuting sectarian crimes : During the period of sectarian violence (2006-2008), the judiciary succeeded in prosecuting a large number of those involved in mass killings and sectarian crimes, which contributed to enhancing security and demonstrating the power of the law.
War crimes against humanity: The Iraqi judiciary has handled trials related to crimes committed against minorities, such as the Yazidis, by ISIS, which has contributed to achieving justice for victims of human rights violations.
Resolving election disputes: The judiciary was a key factor in addressing electoral appeals and disputes during the parliamentary elections in Iraq, and its role in reviewing election results and resolving electoral complaints contributed to calming the political situation and preventing the outbreak of crises.
Resolving constitutional disputes: The Iraqi judiciary has contributed to interpreting the constitution and resolving many disputes between the executive and legislative authorities, which has maintained the balance of power and prevented a constitutional vacuum.
Prosecution of those involved in human rights violations: The Iraqi judiciary has dealt with cases of human rights violations, including cases of torture and ill-treatment in prisons, and a number of those involved in these violations have been prosecuted, reflecting the judiciary’s commitment to protecting the rights of individuals.
Combating Organized Crime Networks: The judiciary has successfully confronted smuggling and organized crime networks, including oil and arms smuggling, and individuals involved in these operations have been arrested and prosecuted in accordance with the law.
These successes reflect the commitment of the Iraqi judiciary to its role in achieving justice despite major challenges, including political pressure and ongoing security threats.
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