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Legal expert: Parliament's rejection of amendments to the amnesty «constitutionally invalid»
5/12/2016 0:00
[rtl]MPs assert that the law does not need to be rewritten
BAGHDAD / Shaima Rashid
Raised the issue of parliament's rejection on a project for a general amnesty law, which was sent to the House of Representatives three months before the government changes, «sensation», at a time which it sees as committees on law, that the latter does not need amendments and it may delay its application, a legal expert said that parliament's rejection the bill before reading it twice «constitutionally invalid».
The House of Representatives has refused to vote in principle to amend the amnesty which was approved three months before the law, citing that the government tried to edit the amnesty law by sending them a copy edit the project.
It is noteworthy that the general amnesty passed by Parliament last February law included provisions allowing for the release of thousands of detainees in Iraqi prisons ,according to the most important conditions were not involved in the work led to the killing or injury of other persons.
Law «integrated»
Legal Parliamentary Committee objected in principle to this amendment as hinder application of the law, especially after the committees have been formed from theFederal Court actually to consider requests to have it. Committee member Amin Bakr said in a statement »Sabah» that « the amnesty law was voted on for some time close toThe Legal Committee has worked a lot in order to pass, as the formulation has anexcellent manner, although there is a difference in some interpretations in the application of the provisions of the law, but in The Court of Cassation finally able to solve these problems and is now applied correctly », noting that an integrated law does not require any modification. He added that «Parliament felt that the law does not require any new amendment, and that any amendment to the law will delay the implementation and application of the law that was released», pointing out that these amendments will not reach a conclusion as possible to make the vote on the amendment a short period oftime. Bakr pointed out that « the prime minister can submit a bill to further amendments rather than appeal in case there was a direction from the government so», indicating that « the amnesty law drafted by parliament and approved by not allowing thieves of public money or others to return to their posts as opposed to the amendments that came from The government include exemption upper grades parliament exempted from theamnesty. »
The inclusion of a large segment in
turn, the security and defense committee showed that parliament 's rejection of amendments to the law on the government , which included the second and third articles of the law, they contain a lot of legal and constitutional violations.
He Chkhoan committee member Abdullah in a statement »Sabah»: The «Parliament believes that the law formula that vote for it is the best of the amendments that weresent by the government, as the paragraphs included in the amnesty law , which was voted upon best for a wide cross - section of citizens» , calling on the government to apply the original project.
The House of Representatives postponed during the previous session , which was held in the (November 28, 2016), the vote on the first amendment to the Amnesty Law, passed in (25 August 2016).
Parliament rejected «void constitutionally»
Meanwhile, legal expert Tareq Harb stressed that parliament 's rejection of the draft law amending the general amnesty by the reading of twice invalid constitutionally, saying in apress statement: »The number of deputies of the Legal Committee of the Parliament said their achievements in the previous legislation, but others believe that there are no achievements by the legal Committee of the parliamentary but may enter in the door of the failures, the members of the legal Committee said they have taken the amnesty law without notice that hundreds and thousands of those who committed a terrorist crime or who committed the crime of kidnapping or the crime of bribery or crime of financial and administrative corruption or a crime damaging effects have been released based on theamnesty law , which boasted by members of the legal Committee. »
He added , can be sure of these numbers by asking the judiciary to provide them with acopy of those buyout amnesty with the stated legal substance of the accused or the convicts who have been bringing them amnesty also possible to calculate the number ofpeople have been pardoned and including them in the law even though they committed the crimes mentioned and other crimes as a crime of theft threatened with weapons or committed aggravated. »
Indicating «We do not know Does that justify the Legal Committee of the Parliamentary that it terms of reconciliation or settlement or other words enough to be a compromise and reconciliation reason for the release of the terrorist and the hijacker and the briber and the bribed and the thief and the money involved is damaged relics and committed the crime of financial and administrative corruption«.
«Rectify the damage»
and pointed a war that « the government 's attempt to rectify the damage that resulted from the Amnesty Law to prepare a draft law special amendment for crime gangs« Daesh »terrorist kidnappings and the Legal Committee of a large campaign against thedraft amendment law and then vote on the rejection of the law by reading it twice and hear the proposals of the House of Representatives and then vote on it, it is unconstitutional »he continued , » because it restricts the cabinet the authority in thepreparation of draft laws in accordance with Article 60 of the Constitution , meaning it can parliament rejected a draft law prepared by the government after reading twice and vote on it, but not to the parliament rejected the government 's project In principle thetwo readings before the vote. »
Pointing out that «Article 132 of the Rules of Procedure of the House of Representatives granted this authority contrary to the provisions of the Constitution on the government thepower to have been received in the rules of procedure and the foundation is theConstitution , not to mention that the provisions of this Article , which decides therejection must go off to law proposals submitted by the House of Representatives , which does not go off projects laws determined by the government as well as we have noticed that it is not bound by the provisions of Article 132 mentioned because that article required the approval of a majority of members , ie , 165 deputies , at least in therejection which did not materialize session last Thursday and not , as the parliamentary legal committee said in a conference
press. »[/rtl]
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