General Amnesty.. “Progress” objects to two paragraphs and Al-Maliki’s coalition refuses to compromi

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[size=52]General Amnesty.. “Progress” objects to two paragraphs and Al-Maliki’s coalition refuses to compromise[/size]

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12/03/2024
The State of Law Coalition, led by Nouri al-Maliki, confirms that it “will not compromise” on the Personal Status Law in exchange for the general amnesty law, while the “Progress” coalition stresses that the amnesty law is part of the political agreement, amid controversy over its provisions that “include everyone without exception,” according to a legal expert.[/size]
[size=45]The Iraqi Parliament failed again to hold a session scheduled for Tuesday to approve a general amnesty.[/size]
[size=45]Suad Al-Maliki, a representative of the State of Law Coalition led by Nouri Al-Maliki, said, “The State of Law bloc opposed and refused to enter the parliament session that was scheduled to be held today to pass the amnesty law, and political blocs also participated in the State of Law’s decision not to enter the session.”[/size]
[size=45]Regarding the reason for the rejection, Al-Maliki explained to Shafaq News Agency, “There are paragraphs in the amnesty law related to terrorism and there were demands to change them, but they were not changed,” stressing that “the countries of law will not pass this law in its current form and will not compromise on the personal status law in exchange for the general amnesty law, because the former is not controversial at all, but rather it is a choice for those who want to marry according to their sect.”[/size]
[size=45]In contrast, the leader of the National Progress Alliance, MP Muhammad Qutaiba Al-Bayati, says, “The dispute over the amnesty law is deep-rooted, and today there was no agreement on two paragraphs in the law, which are the confession of the accused witness and also the secret informant. This was rejected by the Sunni component, and on this basis the session was adjourned.”[/size]
[size=45]Al-Bayati pointed out during his speech that “the amnesty law is part of the political agreement, and that the Sunni demands were to reinvestigate these cases, and for the judiciary to be the arbiter, but the Shiite blocs rejected this matter.”[/size]
[size=45]For his part, political analyst Saif Al-Saadi believes that “the one-basket system to pass three controversial (categorical) laws, as they are described, is not possible, as evidenced by the previous sessions that failed to pass them.”[/size]
[size=45]Al-Saadi says, “The general amnesty law cannot be considered like other laws, given that it includes all categories and is not specific to one component rather than another, but rather includes society with all its sects and nationalities. Therefore, it must be approved and separated from the one-basket system.”[/size]
[size=45]Regarding the details of the amended amnesty law, legal expert Ali Al-Tamimi explains that “the second amendment to the General Amnesty Law No. 27 of 2016 made it broader and more comprehensive, because even the exceptions that were not included in the previous law will be included in the new law, and anyone who has served a third of his sentence will be released after paying an amount of 10,000 dinars for each remaining day of his sentence.”[/size]
[size=45]Al-Tamimi added, “The amendment to the law stipulated that the complainant or the victim’s relatives must waive their rights before the investigating judge or the court, and that the sums be paid in full to those involved in administrative and financial corruption crimes.”[/size]
[size=45]He added, “Even for tribal chapters, the law requires that there be a document for tribal sheikhs with the support of the Tribal Affairs Committee in the event of a problem for the claimants of the personal right or their refusal to waive despite receiving blood money.”[/size]
[size=45]He explains that “this amendment did not require the legal representative to waive the public right, meaning if the person is an employee and embezzles money from a department, the legal representative’s approval is not required. Rather, the settlement for the convicted person, the detainee, or the one under investigation is by paying the money, provided that the money is in full, and that the payment of the money is in accordance with the Government Debt Collection Law No. 56 of 1957, as amended, and this is even in the form of installments.”[/size]
[size=45]He added, “The law also included exceptions, which are crimes of human trafficking, possession of silenced weapons, kidnapping crimes that result in death, prisoner smuggling, rape, sodomy, drug trafficking, antiquities smuggling, money laundering, and counterfeiting currency and banknotes. Whoever has served a third of his sentence for these excluded crimes must pay 10,000 dinars for each day for the remaining period and be released from prison.”[/size]
[size=45]The legal expert points out that “this amendment came with the issue of re-investigation and retrial, and this is done by submitting a request to the relevant committees for anyone who was subjected to torture or whose confession was extracted under duress, as well as victims of the secret informant.”[/size]
[size=45]He added, “This amendment to the amnesty law also included drug users, and set a standard for drug possession or trade. If the quantity is 50 grams or less, it is considered possession and is included in the amnesty. If the quantity is more, it is considered trade. But even if it is trade and he has served a third of the term, he pays 10,000 dinars per day for the remaining period and is released.”[/size]
[size=45]Al-Tamimi continues his talk, saying, “Amended Law 27 and its amendments apply to crimes that occurred before the enforcement of this amendment, meaning that any crime that occurred before the issuance of this law is covered by it, and thus this law is considered comprehensive and includes everyone without exception, as the one exempted from it pays 10 thousand dinars for each day and is released, and thus everyone is covered by the amnesty law.”[/size]
[size=45]Yesterday, Monday, legal expert Jamal Al-Asadi revealed 74 crimes that fall within the crimes covered by the general amnesty law, the most important of which are terrorist crimes that did not result in death or permanent disability, and terrorist crimes committed against foreign forces.[/size]
[size=45]It is noteworthy that the Iraqi Council of Representatives completed the report and discussion (second reading) of the draft law amending the “General Amnesty Law” on September 16.[/size]
[size=45]Since the formation of the government of Mohammed Shia al-Sudani, the general amnesty law has faced an uncertain fate, despite the existence of a political agreement to legislate it. However, observers have indicated the existence of a political will, especially from the Coordination Framework, to obstruct the law and not to adhere to the promises previously given to other parties (Sunnis) to ensure their participation in the new government.[/size]
[size=45]The general amnesty law is one of the most prominent demands of the Sunni blocs, which stipulated its approval during the negotiations to form the state administration, which included the Shiite Coordination Framework and the Kurdish and Sunni blocs, which resulted in the formation of the new government headed by Mohammed Shia al-Sudani.[/size]
[size=45]The government program, according to Sunni MPs, includes issuing a general amnesty law, security checks in their governorates, and cancelling or suspending the work of bodies that were a source of concern and crisis for them.[/size]
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