[Where] the published text of the draft accountability and justice law, which was approved by the Co

by **wciappetta** Sun 08 Mar 2015, 10:22 pm

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[Where] the published text of the draft accountability and justice law, which was approved by the Co

by wciappetta Sun 08 Mar 2015, 10:22 pm

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[ltr]Sunday, 08 March / March 2015 15:16[/ltr]
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[Baghdad-where]

Published by all of Iraq [where] the text of the draft accountability and justice, and the prohibition of the Baath Party, which was approved by the Cabinet in its meeting held on the third of February, and assuming the House of Representatives in the ninth month of the same Act.

The law consists of 22 articles Parliament is scheduled to begin reading at its meeting Tuesday.

According to Article 1 of the law drafting tariff terms of the administrative body and restructured name:

I. body: the Supreme National Commission for Accountability and Justice.

Second Baath Party [disbanded]: Arab Socialist Baath Party, which seized power in Iraq on 17/7/1968.

III User: each person belonged to the Baath Party [disbanded] and sworn allegiance to him.

IV of the former regime: regime that ruled Iraq for the period from 17/7/1968 until 9/4/2003.

Fifth repressive Devices: Security and Intelligence and Security Special Republican Guard and Special protections for national security agencies, the military, security and Fedayeen Saddam and military intelligence.

VI agents of the former regime: persons belonging to the Baath Party [disbanded] or persons belonging to the repressive hardware or collaborators or beneficiaries of the looting of the country's wealth or who were used by the former regime in any way.

VII ministries and security agencies: the Department of Defense and the Ministry of the Interior and the intelligence service and the Chancellery of the National Security and the National Security Agency and other security agencies.

Article 2 establishes a body called [the Supreme National Commission for Accountability and Justice] has a moral personality and linked to the Council of Representatives, headed by Prime Minister degree.

Second is the body president or his nominee.

III of the Commission Vice-President of the rank of Undersecretary of the Ministry.

IV is the headquarters of the Commission President in Baghdad and has opened branch offices level sections.

V. Authority hand is revealing covered by the provisions of this law.

Article 3 first: the body called the Council of [Board] consists of:

A head of the president.

(B) Vice-President of the Commission member and vice-president.

C - five members appointed special degree according to the law and they [members of the body.

Second is required in the head and members of the Council to be with the political and legal experience and take into account including the balance in the representation of the components of the Iraqi society.

III identifies the Council's work mechanism and spotter held and how to make decisions in which the internal system of the president of the Authority within [60] sixty days from the date of entry into force of this law.

Article 4 is required in each of the Chairman of the Board and Managing be:

I. Full Iraqi civil and resident in Iraq.

Second holder of a college degree previews at least.

III known for his good reputation, integrity and honesty.

IV at least the age of [35] thirty-five years.

V. is convicted of a felony or misdemeanor non-political Mekhlef honor.

VI is not covered by actions of the Board did not raise the expense of public money.

Article -5- body holds the following:

First a- ban the return of the Baath Party [disbanded] thought and organization and management, policy and practice to power or political life in Iraq and institutions both public and private, cooperative and mixed sectors and civil society institutions of Iraqi society.

(B) includes the prohibitions set forth in paragraph [a] of this item as follows:

1-of belonging to the Baath Party [disbanded] and get back to him or force or threat or earn any person to belong to the party in question after 9/4/2003.

2. carry out any political activity or intellectual would encouragement, promotion or glorification of the thought of Saddam's Baath Party.

3. nomination in the general election or local referendums.

Second: A ban on all political activity, cultural or social individuals and entities and political parties and organizations that adopt racism, terrorism, atonement or ethnic cleansing, or incite or glorify or justify it, especially Saddam's Baath in Iraq and its symbols under any name and by any means of communication or media.

B-covered to prevent any of the provisions of paragraph [a] of this item to be part of the political pluralism in Iraq.

III contribute to the detection of money acquired by agents of the former regime illegally within the Republic of Iraq and abroad and bring it back to the public treasury of the state.

IV Iraq Memory service by documenting the crimes and illegal practices covered by the provisions items [first] and [Second] of this article and appliances repressive Baath Party [disbanded] and agents of the former regime and to provide a database available for them and make available evidence and documents have for the crimes committed them to Iraqi judiciary and receive complaints from those affected by the practices and their crimes and follow-up.

V. A - Palmhmolin publish a list of the provisions of this law includes the names of all individuals who have been sentenced decisions of the Board and keep the list in the archives of the Baath Party [disbanded] until the establishment of a permanent Iraqi archives and according to the law.

(B) the assignment of a copy of the archive to the Council of Ministers of the uncles on the ministries and departments is related to the Ministry and independent bodies and civil society organizations to be acted upon as a database.

VI contribute to the development of educational and social programs that emphasize political pluralism, tolerance, human rights and condemn the crimes committed by agents of the former regime.

VII coordination with the concerned authorities to do justice to the victims of the former regime's crimes and to help them obtain their rights under the relevant laws.

VIII send a quarterly report on all of its issued and the decisions of the House of Representatives.

Article 6 I. Board shall be composed of the following configurations:

A-Office of the Inspector General.

(B) the prosecutor's office.

C - the legal department.

D Department of Investigation.

E - Administrative and Financial Department.

(F) follow-up and implementation of the circle.

(G) the Department of Informatics.

H Department of Finance and economic pursuits.

(I) the information department.

J Department of Internal Audit and Control.

(K) Office of the President of the Commission.

Second a- runs each of the chambers provided for in item [first] of this article entitled employee holds general director of the University at least an initial certification in the field of jurisdiction and experienced, appointed in accordance with law.

B-assisted general manager employee entitled assistant general manager holds a college degree in previews at least in the area of jurisdiction and experienced.

(C) all of the Internal Audit and Control and the Office of President of the Commission employee department titled Director manages holds a university degree and previews of the least experienced.

Article -7- spas Board issued the following decisions:

A-hauling all the staff who had been a member of the Division of degree or a member of a branch of the Baath Party [disbanded] before 09/04/2014 to retire on the basis of functional degree to which they occupied before their availability to work in the party and in accordance with the provisions of the Unified Retirement Law No. 9 of 2014 .

(B) the assignment of all employees of the repressive apparatus under the former regime into retirement, according to the provisions of the Unified Retirement Law No. 9 of 2014 and the disposal of pension rights exception of the age requirement.

(C) not to allow team members to return to the job in the three presidencies formations or the Supreme Judicial Council or the ministries of defense, interior and foreign affairs, finance or security services.

D Prevention leaders and commanders device Fedayeen Saddam, and volunteered to work in that organ of the enjoyment of any pension rights with the exception of pupils and students associate transferred from the military and employees of Jamea ministries and state institutions to work in that organ.

(E) non-payment of pension or grant to those who belonged to the Baath Party [disbanded] before 9/4/2003 and received political asylum or humanitarian in any state after 03/20/2003.

And - the prevention of the degree member of the above in the ranks of the Baath Party [disbanded] or work in the category of political guidance from distracting special function more or function, Director General, or the degree of manager or membership of the House of Representatives or the Federation Council or the provincial council or function administrative unit director.

(G) move criminal cases against agents of the former regime and the repressive apparatus and belonging to political parties and entities prohibited under this law if available documented information belonging or committing acts of crime against the Iraqi people and upheld by the investigations conducted by the Commission.

Second of all rights and exceptions set forth in the fall of this article for each of:

A proof-judicial involvement with crimes against the Iraqi people or enriching the expense of public money.

(B) prove to a court order and later submitted false information or belonged or returned to the formations of political parties and entities banned or feet help her or promoted and consequent dismissal from office and demanded re working overtime of financial benefits, according to the law.

III Authority Council resolutions implemented after the verification of the identity of the covered and submit written innocence and pledge not to return to the partisan activity prohibited under any name and otherwise covered by the provisions of section after the [Second] of this article.

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Article -8- covered by reference to retire in accordance with the provisions of Article offers [7] of the Act apply to the circle of referral to retirement and has application is presented by the Iraqi embassy or consulate if outside Iraq.

Article 9 of civilian and military grades and ranks, medals and titles given to the member band canceled or above in the ranks of the Baath Party [disbanded] because of their affiliation to the party in question and abolished the privileges of them.

Article -10- First: The form in the Federal Court of Cassation discriminatory body called [the discrimination of accountability and justice] from [7] seven judges nominated by the Chief Justice of the Supreme Council are not covered by the provisions of this law and endorsed by the House of Representatives.

Second: the discriminatory heads the oldest judge issued its decisions by majority.

III the discriminatory consider all appeals from the provisions of this covered by the law.

Article 11.-First: those decision by including the provisions of this law, the appeal of the decision to the Board issued by [15] fifteen days from the date of notification of the decision, the amount considered.

Second Council pending grievance through [30] thirty days from the day following the registration of the complaint and featured with the Council in the case of no-action grievance during the period mentioned the grievance is rejected.

III who rejected his grievance fact or judgment appealed against the decision of rejection of the discriminatory through [30] thirty days from the date of notification of the decision of rejection or an amount considered.

IV the discriminatory rule on appeals submitted to it and its decision shall be issued by the outcome of the appeal prohibited unless challenged by way of correction before the Federal Court of Cassation.

V. covered by the provisions of this Article continue to charge financial entitlements even gain a decision right degree of bits.

Article 12.-First: A term of imprisonment not exceeding [10] ten years each:

A-belonged to the outlawed Baath Party or promoted his ideas and views by any means or threatened or earn any person to belong to the party in question.

B-pursued or adopt racist or atonement or ethnic cleansing or instigated or glory or promoted or cradle or justified him.

Second sentence of imprisonment shall be for a period of not less than [20] ten years if the perpetrator of belonging to the Baath Party before its dissolution or procedures covered by the accountability and justice.

(B) the penalty shall be life imprisonment if the perpetrator of the employees of the Army or the Internal Security Forces.

Article 13.-be punished by imprisonment for not less than [7] every seven years to use force and intimidation to force a citizen to leave his usual place of residence for reasons of sectarian or religious or nationalist.

Article -14- be punished by imprisonment for not less than [3] each of the three years helped contribute to or through the media to publish thoughts and opinions of the Baath Party [disbanded] penalty shall be imprisonment if employees of the army or the Internal Security Forces.

Article-15 is punishable by imprisonment:

I. Each employee or assigned to public service denied a citizen of his rights prescribed by law or hindered or another accomplishment of official dealings sectarian reasons or religious or nationalist.

Secondly each employee punished employee or spouse of functional rights sectarian reasons or religious or nationalist.

III both claimed he sectarian discrimination, religious or national and is shown to be invalid claim.

Article 16.-The spas are exempted from the penalties for the acts set forth in this law initiated to inform the public authorities all he knew before the start of committing the act and before starting the investigation.

Second Court exemption from punishment if he got the communication after the implementation of the act and before starting the investigation.

III of the Court mitigation of punishment or exemption if the actor is easy to public authorities during the investigation or prosecution of perpetrators arrested a prohibited act.

Article-17 of the Prime Minister and his deputies gathered at the suggestion of the Supreme Head of the employee and after standing on the opinion of the Commission of any exception covered by the provisions of this law and according to the requirements of the public interest.

-18- Article obliges the three presidencies and the Supreme Judicial Council and the ministries and departments not related to the Ministry and governorates not organized in the province and independent bodies and civil society organizations to implement decisions of the Commission issued in accordance with the provisions of this law.

Article -19- earns Associates body allocations equivalent received by their peers in the House of Representatives.

Article-20. First, the Supreme National Commission for Accountability and Justice Foundation resolved under the provisions of this law replaces the Supreme National Commission for Accountability and Justice Foundation under the Supreme National Commission for Accountability and Justice Law No. [10] for the year 2008 in all its rights and obligations and transmits it all employees.

Second repealed the Supreme National Commission for Accountability and Justice Law No. [10] for the year 2008.

Article -21- First: The formations of body functions and divisions, divisions instructions issued by the head of the tasks.

Second, the President of the Commission to issue instructions to facilitate the implementation of the provisions of this law.

Article-22 of this law shall be the date of its publication in the Official Gazette.

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Reasons of the Act:

A continuation of the measures taken by the Supreme National Commission for Accountability that justice in the cleansing of Iraqi society and state institutions of the Baath party system [dissolved] For the purpose of the assignment of members of organs and repressive agents of the former regime into retirement and to refer those who committed their crimes against the Iraqi people or enriched the expense of public money to the competent courts and given the existence of cases of affiliation my photos to certain categories of people to the ranks of the party [dissolved] with no faith in the ideas of the Baath dictatorship and oppressive practice.

For the purpose of reconstruction of not much by older to function and to prohibit the return of the Baath Party [disbanded] or be a part of political pluralism or party in Iraq and prevent the emergence of parties or entities or persons adopt racism, terrorism, atonement or ethnic cleansing, or incite or pave or glorify or promote or justify it, especially the Baath and its symbols under any name was punished, in order to simplify the grievance and appeal procedures in the decisions issued by the Board proceeded against covered by its provisions of this law.
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It also reveals [where] form of voting members of the Council of Ministers on the text of the accountability and justice and the prohibition of the Baath Party to present a draft law in the meeting of the Council and of the 28-member held on 03.02.2015 between the vote and approve a No vote and vote to abstain.

And voted to approve the bill, all of [Prime Minister Haider al-Abadi, and his deputies Rose Nuri Shaways Bahaa al-Araji, Foreign Minister Ibrahim al-Jaafari, Finance Minister Hoshyar Zebari, Interior Minister Mohammed Salem Ghaban, and Oil Minister Adel Abdul-Mahdi, and the Minister of Higher Education and Scientific Research, Hussain al-Shahristani, and Secretary Health Adila Hammoud, Minister of Industry and Minerals Naseer al-Issawi. "

It also voted to approve all of the "Minister of Construction and Housing Tariq Kikhany, and Justice Minister Haidar Zamili, and Telecommunications Minister Hassan Rashed, the Minister of Science and Technology Fares Jajo, and Minister of Tourism and Antiquities just Alhurcab, and the Minister of Human Rights, Mohammed Mahdi al-Bayati, the Minister of Municipalities and Public Works Abdul Karim Younis al-Ansari, and Minister of State for Provincial Affairs Ahmed Abdullah al-Jubouri, the Minister of State for Women's Affairs statement Nuri, and Minister of State Saman Abdullah. "

With three of the ministers present refused to vote on the bill and they both "Electricity Minister Mohammad Qasim Fahdawi, and Minister of Planning Ali Salman Jumaili, and Agriculture Minister Falah Hassan Zeidan."

The ministers who voted to abstain from all five are "Education Minister Mohammad Omar Iqbal, and Minister of Commerce Mlas Mohammed Abdul Karim, Minister of Youth and Sports, Abdul-Hussein Abdul Redha Abtan, and Culture Minister Mohammad Faryad Roandozi, and Environment Minister Qutaiba al-Jubouri," .anthy
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