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Qurtas News exclusively publish the text of the accountability and justice and the prohibition of the Baath Party Law
Tuesday 10 February 2015 | 14:24
Agents of the former regime: They are persons belonging to the Baath Party or associate to repressive hardware or cooperating with repressive hardware or beneficiaries of the looting of the country's wealth, who were used by the former regime in any form
Qurtas News / Baghdad
Received "Qurtas News" on Tuesday, a copy of the law of accountability, justice and the prohibition of the Baath Party, which was scheduled to be read the first reading in the House of Representatives today's session, but the parliament decided to postpone it.
The law:
Behalf of the people
Presidency
Based on what was approved by the House of Representatives and approved by the President of the Republic and based on the provisions of subsection (I) of Article (61) and item (ii) of Article (73) of the Constitution, issued the following law:
No. () for the year 2015
Accountability, justice and the prohibition of the Baath Party Law
Article 1
Intended expressions contained in this Act Bazaúha meanings indicated:
First: Authority: (Supreme National Commission for Accountability and Justice and the prohibition of the Baath party, entities and racist and terrorist activities and incitements Party).
Second: Attorney General of the Commission is the one who takes control of the investigation of the crimes and collect evidence and take all that would come to expose the crime.
Third: the discrimination:
Is the competent body in the Court of Cassation, the application of the Supreme National Commission for Accountability and Justice and the prohibition of the dissolved Baath party entities and parties that adopt racist and terrorist activities and incitements law.
Fourth: actions:
Decisions taken by the Commission in accordance with the provisions of this Act to prohibit the dismantling of the Baath party system in Iraqi society and state institutions and organizations intellectually and administratively and politically, culturally and economically, civil society, and prohibit the formation of any entity or political party pursues or adopts racism, terrorism or atonement or ethnic cleansing or instigation of or glorifies him or promoted or adopt ideas or approaches are incompatible with the principles of democracy and deliberative peaceful transfer of power.
Fifth: Baath Party: It is the Arab Socialist Baath Party, which seized power in Iraq on 17/7/1968 and prohibited under Article (7) of the Iraqi Constitution.
Sixth: User:
Is each person belonged to the Baath Party and led the oath of allegiance to him.
Seventh: the former regime:
The ruling regime in Iraq for a period of 17 / July / 1968 to 9 / April / 2003.
Eighth: security services (repressive):
Are public security and intelligence agencies and the private security and the Republican Guard and Special protections for national security, military and security personnel in military intelligence and Saddam Fedayeen system.
Ninth: agents of the former regime: They are persons belonging to the Baath Party or associate to repressive hardware or cooperating with repressive hardware or beneficiaries of the looting of the country's wealth of the former regime who use them in any way subject to the provisions of Article 10 of this Law.
Tenth: ministries and security services: (Ministry of Defense and the Ministry of Interior and the Ministry of State for National Security and Intelligence Service and the National Security Advisor, and all other security devices).
Chapter II: Incorporation and objectives
Article 2
First: solved under this law naming the Supreme National Commission for Accountability and Justice and the prohibition of the Baath Party and the party of racism and terrorism and incitements and activities as an independent body, financially and administratively replace renamed the Supreme National Commission for Accountability and Justice Foundation under Law No. 10 of 2008, with all its rights and obligations and its affiliates and enjoys all the constitutional powers and moral personality itself and linked to the Council of Representatives and continue its work in coordination with the judiciary and the executive branch.
Second: The Commission shall hand revealing covered procedures contained in Chapter IV of this Act.
Third: The President of the Commission is responsible for implementing the policies and tasks, supervision and follow-up to their work, and the right to issue decrees and instructions necessary to activate the work of the Commission and achieve their goals and directives, and exercise all the powers vested in him, and have the rank of minister, and may authorize the part of the powers negotiable authorized by law to his deputy which is the rank of Undersecretary of the Ministry.
Fourth: The Commission is composed of seven members of the private owners of the degree of political and legal experience into account including the balance in the representation of the components of the Iraqi society and are appointed according to the law.
Fifth: The members of the Commission referred to in Item IV above makes decisions according to this law, a majority of four votes.
Sixth: The Commission shall elect from among its members by direct secret ballot and a vice president and the House of Representatives approves them an absolute majority.
Seventh: The Council of Representatives to withdraw confidence from the head of the absolute majority according to constitutional procedures.
Eighth: A member of the body include:
Shall be full Iraqi civil resident in Iraq.
( B) Must have a college degree preliminary.
T should be at least 35 years of age.
W should not be governed by a crime involving moral turpitude.
© not to be covered by the Commission procedures.
(H) not to be agents of the former regime or enriched at the expense of public money.
G. to be enjoying a good reputation, integrity and honesty.
Ninth: discriminatory body in the Court of Cassation called discrimination Authority of accountability, justice and the prohibition of the dissolved Baath party of seven judges are not covered by the procedures shaped body nominated by the Supreme Judicial Council and endorsed by the House of Representatives, headed by Senior Judge and shall take decisions by a majority of four votes.
Tenth: consider the discrimination in all appeals of covered procedures stipulated in this law.
Eleventh: The headquarters of the Commission President in Baghdad and the Commission may open branch offices within Iraq.
Article 3
The Commission aims to the following:
First, prevent the return of the Baath Party ideology and management, policy and practice, under any name to the authority or public life in Iraq and not allow him to be part of the political and party pluralism in Iraq.
Second, the public sector institutions cleansing, and the mixed sector, and civil society organizations, and the Iraqi society, of the Baath party system under any form.
Third: The transmission of the dissolved Baath Party and devices repressive elements who are found guilty of acts of Investigation crime against our people, to the competent court to receive their just punishment.
Fourth: the prohibition of persons, entities and political parties and organizations that adopt the ideas or approaches are incompatible with democracy and the peaceful transfer of power principles.
Fifth: the prohibition of entities and political parties and organizations that are inconsistent with the objectives or activities of the principles of the Constitution.
Sixth: identify and organize procedures and sanctions to implement the prohibitions referred to him in this article and to punish violators of the provisions of the law.
Seventh: to contribute to the disclosure of the funds acquired by agents of the former regime illegally inside and outside Iraq and returned to the treasury for distribution to the victims of the former regime and fair.
Eighth: The Iraq Memory service by documenting the crimes and illegal practices of the elements of the Baath Party and the repressive apparatus, and to provide a database available for items mentioned, to fortify future generations from falling into the clutches of oppression and tyranny and oppression.
Chapter III: The body functions
Commission adopts for the purpose of achieving the objectives and tasks of the following means:
First, the application of the provisions of this law in line and constitutional texts related.
Second: the presentation of evidence and documents that are available at the Commission for the crimes committed by the Baath Party and devices repressive elements of the right of citizens to the Iraqi judiciary for the prosecutor's office.
Third, to receive complaints from those affected by the practices and crimes elements of the Baath Party and the repressive organs, and the collection of evidence and documents for the crimes listed and follow through.
Fourth: to provide the necessary studies and recommendations through coordination with the relevant authorities to amend or repeal legislation issued by the former regime and that would benefit the agents of the system described, in particular, without the rest of the other classes of people.
Fifth: historical memory service by documenting scandals and suffering under the former regime to fortify the generations from falling back into the clutches of tyranny and oppression, and to spread the spirit of coexistence and reconciliation and civil peace, justice, equality and citizenship among Iraqis working in particular to achieve the following:
A complete definition of those individuals covered by the Commission procedures for the duration of the Commission's work and published a list of the Authority set forth in this law procedures so gathered a list of names of all individuals who have undergone these procedures illustrated the degree of each individual and the date of issuance of inclusiveness procedures related decisions, and are kept in this list in the party archive Baath.
B devolve all the dissolved Baath Party files pending on the government to keep them until the establishment of a permanent archive according to Iraqi law.
C - contribute to the development of educational and social programs that emphasize political pluralism, tolerance, equality and human rights, and at the same time condemn the crimes committed by the former regime and the culture of the Baath Party and the marginalization and exclusion.
Sixth: justice for victims of crimes of the Baath Party and the repressive devices and allow them their rights enumerated in the relevant for damages suffered as a result of these crimes through laws are met:
A: receiving applications and decision-making.
B: compel stakeholders to implement the decisions of the Authority within thirty (30) days from the date of notification and subject the violator to the criminal accountability.
Seventh: to work to prevent the Baath party from exercising any political or cultural activity under any name and by any means of communication and information.
Eighth: to work to prevent the formation of any political party or entity pursuing racism, terrorism or ethnic cleansing or atonement, or at the instigation of or glorify him or promoted or adopt ideas or approaches are incompatible with democracy and the peaceful transfer of power principles.
Ninth: refer violators items (VII and VIII) above to the competent courts.
Article 5
The Authority shall seek to implement the decisions and directives through a specific mechanism for the application of procedures, including the identity and innocence written pledge not to return to the party activity under any name was put in line with the provisions of this law.
Chapter IV: Procedures
Article 6
The Authority shall follow the following procedures rightly belonging to the ranks of the Baath Party and the repressive devices before the date of 9/4/2003, for the purpose of achieving the objectives of the Authority and carry out its functions:
First, end the services of all employees who were at the rank branch and a member of the Division of retirement and career rank shall be fixed, which they occupied before their availability to work in the Baath Party under service and pension law.
Second: refer all employees who occupy one of the grades (director general or equivalent and above) who were at the rank member of the task in the ranks of the Baath Party to retire, according to the service and pension law.
Third: ending all services of employees of the security services (repressive) and retirement under the law of service and retirement exception of a policeman service and age.
Fourth: prevents leaders and commanders of Fedayeen Saddam device and volunteered to work in the mentioned of any pension rights system, with the exception of pupils, students and participating teams and transferred from military personnel of all ministries and state institutions all to work in the Fedayeen Saddam device that are not accounted for their service in the mentioned device for any purpose it was.
Fifth: allow all staff from non-special grades who were at the rank of Division Member or below in the ranks of the Baath Party to return to their constituencies or to continue in their jobs.
VI: Do not allow team members to return to serve or continue to serve in the three governing bodies, the Judicial Council and the ministries and security agencies the foreign and finance ministries.
Seventh: Do not distract the pension or grant both belonged to the Baath Party after (20/3/2003) and obtained political or humanitarian asylum in any State.
Eighth: prevents occupancy functions (director general of Bdrjtah or older and the membership of the House of Representatives and the Union and the provincial council and directors of administrative units) each member of the degree or above in the ranks of the Baath Party and the political class guidance.
Ninth: Down with all the rights set forth in the preceding paragraphs for each person is shown to be participating crimes against the Iraqi people or enriched at the expense of public money.
Article 7
First, all covered by the reference to retire under Article (6) of the Act to provide formal requests to their constituencies for referral to retire within (90) days for those who were inside Iraq, and 120 days for those who were outside Iraq, and may submit a request through embassies or Iraqi consulates abroad.
Eighth: All covered to return to the job under the provisions of this law to make a formal requests to their constituencies for re to service during the ninety (90) days for those who were inside Iraq, and 120 days for those who were outside Iraq, and may submit a request by Iraqi embassies and consulates and otherwise forfeits his right to return to the job.
Article 8
Down with all exceptions and the rights and separates from service on charges of breach of honor both benefited from this law of former Baath Party members and found later under a court ruling providing false information, or affiliation, or returning to the formations of the banned political parties or to help them or promote them and demanded a judicial pay what Asthsalh rights and money.
Article 9
All functional and military grades and honors and titles enjoyed by members of the teams and divisions and branches of national and country offices because of their affiliation to the Baath Party canceled and revoked all privileges implications.
Article 10
Referred to all those who have committed crimes against the Iraqi people or enriched at the expense of public money from those who belonged to the Baath party (and all grades of party) or repressive organs and armed forces to the courts and duly prosecuted for crimes against the Iraqi people.
Article 11
Baath Party is prohibited and prosecuted as a party system for committing crimes against the Iraqi people.
Article 12
Includes a ban on the Baath Party and its members under this Act the following actions:
First, belonging to the Baath Party, and under any name whatsoever.
Second, force or threat or earn any person to belong to the Baath Party.
Third: do any political activity or intellectual would encourage promotion or glorification of the thought of the Baath Party or encouragement to belong to him.
Fourth: the nomination in the general election or local referendums.
Fifth: the use of the media, audio-visual and print to spread the ideas and opinions of the Baath Party.
Sixth: publishing and media of all kinds of activities and the thoughts and opinions of the Baath Party.
Seventh: participate in any rallies or demonstrations or sit-ins.
Article 13
Apply the provisions of Article (12) of this law to all persons and parties and political entities and organizations that pursue or adopt ideas or approaches are incompatible with democracy and the peaceful transfer of power principles.
Article 14
Prime Minister and his deputies gathered exception right covered by the provisions of this law and according to the requirements of the public interest at the request of the competent minister and the approval of the Authority.
Article 15
First, commit the three governing bodies, the Judicial Council and the ministries and departments is related to the Ministry and independent bodies and civil society organizations to implement all the decisions and directives of the Authority issued in accordance with this law.
Second, the person in charge or the employee is exposed omission on the implementation of the decisions and directives of the body to the criminal accountability, according to the Penal Code.
Article 16
Attorney General shall process complaints in connection with the crimes attributed to the elements of the Baath Party and the repressive organs and agents of the former regime and trigger them before the competent courts when there is probative evidence.
Chapter V
Appeals
Article 17
First, who was sentenced by including the provisions of this law, the right of appeal against the decision of the right front of the body during the period of ten (10) days from the date of notification of the decision or considered as an amount according to the rules contained in the Report of Civil Procedure Act and continues to charge covered salaries until deciding the subject matter hereof.
Secondly, the Commission deciding grievance over thirty (30) days from the day following the receipt of the grievance and the grievance is otherwise objectionable provision.
Third: the rejection of his appeal, which included the fact that a judgment or appeal the decision issued against him in front of the discrimination during the thirty (30) days from the date of notification of the decision of rejection or considered as an amount according to the rules contained in the Report Code of Civil Procedure.
Fourth: Discrimination Commission issued its decision on appeal received and its decision shall be capable of being corrected before the Court of Cassation.
Chapter VI
Structural body
Article 18
First, the President of the Commission related to the following departments:
1. Office of the President of the Commission: and managed by the employee entitled director and is organized by correspondence chairman and his appointments and interviews, and any duties as assigned by the President of the Commission.
2. Vice-President of the Commission: and be particularly high and the level of deputy minister.
3. The members of the Commission and responsible for overseeing and monitoring the work of the Commission's departments and decision-making related to the work of the Commission.
Secondly formations body: It consists of:
A public prosecutor's office: It consists of three prosecutors are placement to work in the body of the Supreme Judicial Council of known integrity, efficiency and good reputation is not covered by the procedures set forth in this Law specializes in receiving complaints in connection with the crimes attributed to the elements of the Baath Party and devices repressive and collect supporting evidence at hand and move the proceedings before the competent court for those crimes.
( B) legal department is headed by director general holds a college degree preliminary in-law at least and has the service of not less than 10 years, and shall receive Alakhbarat all covered body and the crimes committed by them, investigation procedures, and make recommendations thereon, and to consider the requests to return to the job and requests for exception , and requests for retirement, and to plead for the body before the competent courts, and communicate decisions of the Commission, and the study of legislation enacted by the former regime, and benefited from which elements of the system and his associates, in particular, and to provide suggestions and recommendations as may be necessary to ensure justice and equality, and follow up the implementation of the decisions of the Commission.
C - Investigation Service: headed rank of director general employee holds a university degree preliminary in-law at least and has the service of not less than 10 years and holds the monitor and follow up on people, parties and political entities and organizations and verify the non-exercise of any of the prohibited activities under this law, and it has the power to conduct the investigation Managing the information obtained or what is being offered from the state apparatus in what his relationship Mahaddourh activities under this Act and shall be entitled to demand from government agencies to provide information and documents to help it carry out its tasks and work, and have to inform the competent authority to follow up the work specified in the law of parties political parties political, the results of the administrative achieved a decision issued by the Authority, to take over the authority mentioned to take the necessary according to the law, and if found that the sites that took over the investigation which constitute the activities prohibited under this Act, it shall refer the investigative papers and results of the investigation to the competent for consideration on according to the Criminal Court law.
D IT department is headed by director general holds a college degree at least and has the service of not less than 10 years and holds the collection and archive available for members of the Baath Party and elements of the repressive organs of information, and the information available about the confused by them crimes against the people and the money they acquired illegally and provide the relevant authorities such information for the purpose of making necessary against them.
AH: Department of Finance and Administration: and headed by a Director General holds a college degree, at least preliminary and has the service of not less than 10 years, and provides security for the administrative services of the staff, and be responsible for preparing the annual budget and financial report of the Commission.
And: Department of Finance and economic pursuits: and headed by a Director General holds a college degree preliminary at least, and has a service of not less than 10 years, and holds the count and evaluation of the financial and economic entities seized by agents of the former regime and follow up these properties and entities inside and outside Iraq and make recommendations to the parties concerned to be recovered.
G: Department of Information: headed by a Director General holds a college degree preliminary at least and has the service of not less than 10 years, and shall cover the Authority's activities, and to highlight the importance of these activities, and disseminated through the media, and to contribute to the development of social and educational programs that emphasize the political pluralism and tolerance , equality, and condemn the crimes and scandals committed by the former regime, and the culture of one-party politics and marginalization and exclusion.
Third, the Inspector General of the Commission shall exercise its functions in accordance with the law.
Chapter VII: punitive provisions
Article 19
First, punishable by imprisonment for a term not exceeding ten years, both belonged to the Baath Party, after the entry into force of this Act, or promoted the ideas and opinions by all means, and each of forced or threatened or earn any person to belong to the Baath Party.
Second, the penalty shall be imprisonment for a period not exceeding (fifteen) years if the perpetrator of belonging to the Baath Party before its dissolution or covered body procedures.
Article 20 is punishable by imprisonment for a term not exceeding five years from all those who contributed and helped through the media to publish the Baath Party ideas.
Article 21 shall be punished by imprisonment for a term not exceeding (ten years) both followed or adopted racist or atonement or ethnic cleansing or instigated or glory for him, or hyped, or eagerness to embrace ideas or guidance incompatible with democracy and the peaceful transfer of power principles.
Article 22 shall be punished by life imprisonment anyone who commits acts specified in the material (21,20,19), of this law if the perpetrator of army personnel or internal security forces, security services and other.
Article 23:
First, be punished by imprisonment for a term not exceeding five years or every employee assigned to public service deprived a citizen of his rights prescribed by law or impeded or another accomplishment of official dealings sectarian, religious or ethnic reasons, is without prejudice to any administrative penalties provided by law.
Second, be punished by imprisonment each employee punished employees or deprived him of his rights and sectarian reasons, religious or nationalist, is without prejudice to any administrative penalties provided by law.
Third, be punished by imprisonment of both claimed he sectarian or religious or national discrimination and is shown to be invalid claim.
Article 24
Shall be punished by imprisonment for a period not to exceed (seven years) all of the used force, threats or intimidation to force citizens to leave their usual place of residence sectarian, religious or ethnic reasons.
Article 25
Considered a mitigating circumstance if the actor admitted to the competent authorities on the activities prohibited under this law before the start of the investigation with him.
Article 26
Employee convicted of an offense punishable under the present law and punishable by death unarmed military man, police and security penalty of expulsion and deprived of pension rights.
Chapter VII
Final provisions General
Article 28
The Commission shall submit a quarterly report on all of its work, and the action taken to the House of Representatives.
Article 29
Actions taken by the Commission before the entry into force of this Act window whenever they are compatible with the provisions of the laws in force at the time, which is what did not contradict the provisions of this law.
Article 30
The provisions of the Civil Service Law No. apply (24) of 1960 as amended and the provisions of the discipline of state employees Law No. (14) for the year 1991 on the Commission's staff.
Article 31
Associates of the body receive allowances equal to the seriousness of the risk allocation of staff to their peers in the House of Representatives.
Article 32
The Commission shall publish the names of the procedures covered by the subject of Article (6) of the Act and grades partisan and functional positions and the date of issuance of such actions through the media.
Article 33
The body archive Palmhmolin procedures of Article (6) of the Act and grades partisan and functional positions and date of issuance of such procedures, and are referred Archive to the cabinet for his uncles on the ministries and departments is related to the Ministry and independent bodies and civil society organizations for adoption data and act accordingly base.
Article 34
Council episodes and the absolute majority of its members dissolve the agency after the end of its mission based on a decision issued by the Commission in accordance with the Constitution.
Article 35
First: The President of the Commission shall be referred to the Vice President and retirement according to the law.
Second convey members of the Commission and the general managers and Associates employees to owners of the three governing bodies, or the National Investment Commission, or the UN High Commissioner for Human Rights or the Electoral Commission or the Integrity Commission or the State Department or oil if you do not submit a request for retirement, according to the law.
Article 36
The President of the Commission to issue rules to regulate the work in the body within (90) days from the date assigned tasks.
Article 37
Repealed the Supreme National Commission for Accountability and Justice Law No. 10 of 2008
Article 38
Chairman of the Commission may issue instructions to facilitate the implementation of the provisions of this Act
Article 39
Does not work with any law contrary to the provisions of this Act
Article 40 of this law shall be the date of its publication in the Official Gazette.
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Tuesday 10 February 2015 | 14:24
Agents of the former regime: They are persons belonging to the Baath Party or associate to repressive hardware or cooperating with repressive hardware or beneficiaries of the looting of the country's wealth, who were used by the former regime in any form
Qurtas News / Baghdad
Received "Qurtas News" on Tuesday, a copy of the law of accountability, justice and the prohibition of the Baath Party, which was scheduled to be read the first reading in the House of Representatives today's session, but the parliament decided to postpone it.
The law:
Behalf of the people
Presidency
Based on what was approved by the House of Representatives and approved by the President of the Republic and based on the provisions of subsection (I) of Article (61) and item (ii) of Article (73) of the Constitution, issued the following law:
No. () for the year 2015
Accountability, justice and the prohibition of the Baath Party Law
Article 1
Intended expressions contained in this Act Bazaúha meanings indicated:
First: Authority: (Supreme National Commission for Accountability and Justice and the prohibition of the Baath party, entities and racist and terrorist activities and incitements Party).
Second: Attorney General of the Commission is the one who takes control of the investigation of the crimes and collect evidence and take all that would come to expose the crime.
Third: the discrimination:
Is the competent body in the Court of Cassation, the application of the Supreme National Commission for Accountability and Justice and the prohibition of the dissolved Baath party entities and parties that adopt racist and terrorist activities and incitements law.
Fourth: actions:
Decisions taken by the Commission in accordance with the provisions of this Act to prohibit the dismantling of the Baath party system in Iraqi society and state institutions and organizations intellectually and administratively and politically, culturally and economically, civil society, and prohibit the formation of any entity or political party pursues or adopts racism, terrorism or atonement or ethnic cleansing or instigation of or glorifies him or promoted or adopt ideas or approaches are incompatible with the principles of democracy and deliberative peaceful transfer of power.
Fifth: Baath Party: It is the Arab Socialist Baath Party, which seized power in Iraq on 17/7/1968 and prohibited under Article (7) of the Iraqi Constitution.
Sixth: User:
Is each person belonged to the Baath Party and led the oath of allegiance to him.
Seventh: the former regime:
The ruling regime in Iraq for a period of 17 / July / 1968 to 9 / April / 2003.
Eighth: security services (repressive):
Are public security and intelligence agencies and the private security and the Republican Guard and Special protections for national security, military and security personnel in military intelligence and Saddam Fedayeen system.
Ninth: agents of the former regime: They are persons belonging to the Baath Party or associate to repressive hardware or cooperating with repressive hardware or beneficiaries of the looting of the country's wealth of the former regime who use them in any way subject to the provisions of Article 10 of this Law.
Tenth: ministries and security services: (Ministry of Defense and the Ministry of Interior and the Ministry of State for National Security and Intelligence Service and the National Security Advisor, and all other security devices).
Chapter II: Incorporation and objectives
Article 2
First: solved under this law naming the Supreme National Commission for Accountability and Justice and the prohibition of the Baath Party and the party of racism and terrorism and incitements and activities as an independent body, financially and administratively replace renamed the Supreme National Commission for Accountability and Justice Foundation under Law No. 10 of 2008, with all its rights and obligations and its affiliates and enjoys all the constitutional powers and moral personality itself and linked to the Council of Representatives and continue its work in coordination with the judiciary and the executive branch.
Second: The Commission shall hand revealing covered procedures contained in Chapter IV of this Act.
Third: The President of the Commission is responsible for implementing the policies and tasks, supervision and follow-up to their work, and the right to issue decrees and instructions necessary to activate the work of the Commission and achieve their goals and directives, and exercise all the powers vested in him, and have the rank of minister, and may authorize the part of the powers negotiable authorized by law to his deputy which is the rank of Undersecretary of the Ministry.
Fourth: The Commission is composed of seven members of the private owners of the degree of political and legal experience into account including the balance in the representation of the components of the Iraqi society and are appointed according to the law.
Fifth: The members of the Commission referred to in Item IV above makes decisions according to this law, a majority of four votes.
Sixth: The Commission shall elect from among its members by direct secret ballot and a vice president and the House of Representatives approves them an absolute majority.
Seventh: The Council of Representatives to withdraw confidence from the head of the absolute majority according to constitutional procedures.
Eighth: A member of the body include:
Shall be full Iraqi civil resident in Iraq.
( B) Must have a college degree preliminary.
T should be at least 35 years of age.
W should not be governed by a crime involving moral turpitude.
© not to be covered by the Commission procedures.
(H) not to be agents of the former regime or enriched at the expense of public money.
G. to be enjoying a good reputation, integrity and honesty.
Ninth: discriminatory body in the Court of Cassation called discrimination Authority of accountability, justice and the prohibition of the dissolved Baath party of seven judges are not covered by the procedures shaped body nominated by the Supreme Judicial Council and endorsed by the House of Representatives, headed by Senior Judge and shall take decisions by a majority of four votes.
Tenth: consider the discrimination in all appeals of covered procedures stipulated in this law.
Eleventh: The headquarters of the Commission President in Baghdad and the Commission may open branch offices within Iraq.
Article 3
The Commission aims to the following:
First, prevent the return of the Baath Party ideology and management, policy and practice, under any name to the authority or public life in Iraq and not allow him to be part of the political and party pluralism in Iraq.
Second, the public sector institutions cleansing, and the mixed sector, and civil society organizations, and the Iraqi society, of the Baath party system under any form.
Third: The transmission of the dissolved Baath Party and devices repressive elements who are found guilty of acts of Investigation crime against our people, to the competent court to receive their just punishment.
Fourth: the prohibition of persons, entities and political parties and organizations that adopt the ideas or approaches are incompatible with democracy and the peaceful transfer of power principles.
Fifth: the prohibition of entities and political parties and organizations that are inconsistent with the objectives or activities of the principles of the Constitution.
Sixth: identify and organize procedures and sanctions to implement the prohibitions referred to him in this article and to punish violators of the provisions of the law.
Seventh: to contribute to the disclosure of the funds acquired by agents of the former regime illegally inside and outside Iraq and returned to the treasury for distribution to the victims of the former regime and fair.
Eighth: The Iraq Memory service by documenting the crimes and illegal practices of the elements of the Baath Party and the repressive apparatus, and to provide a database available for items mentioned, to fortify future generations from falling into the clutches of oppression and tyranny and oppression.
Chapter III: The body functions
Commission adopts for the purpose of achieving the objectives and tasks of the following means:
First, the application of the provisions of this law in line and constitutional texts related.
Second: the presentation of evidence and documents that are available at the Commission for the crimes committed by the Baath Party and devices repressive elements of the right of citizens to the Iraqi judiciary for the prosecutor's office.
Third, to receive complaints from those affected by the practices and crimes elements of the Baath Party and the repressive organs, and the collection of evidence and documents for the crimes listed and follow through.
Fourth: to provide the necessary studies and recommendations through coordination with the relevant authorities to amend or repeal legislation issued by the former regime and that would benefit the agents of the system described, in particular, without the rest of the other classes of people.
Fifth: historical memory service by documenting scandals and suffering under the former regime to fortify the generations from falling back into the clutches of tyranny and oppression, and to spread the spirit of coexistence and reconciliation and civil peace, justice, equality and citizenship among Iraqis working in particular to achieve the following:
A complete definition of those individuals covered by the Commission procedures for the duration of the Commission's work and published a list of the Authority set forth in this law procedures so gathered a list of names of all individuals who have undergone these procedures illustrated the degree of each individual and the date of issuance of inclusiveness procedures related decisions, and are kept in this list in the party archive Baath.
B devolve all the dissolved Baath Party files pending on the government to keep them until the establishment of a permanent archive according to Iraqi law.
C - contribute to the development of educational and social programs that emphasize political pluralism, tolerance, equality and human rights, and at the same time condemn the crimes committed by the former regime and the culture of the Baath Party and the marginalization and exclusion.
Sixth: justice for victims of crimes of the Baath Party and the repressive devices and allow them their rights enumerated in the relevant for damages suffered as a result of these crimes through laws are met:
A: receiving applications and decision-making.
B: compel stakeholders to implement the decisions of the Authority within thirty (30) days from the date of notification and subject the violator to the criminal accountability.
Seventh: to work to prevent the Baath party from exercising any political or cultural activity under any name and by any means of communication and information.
Eighth: to work to prevent the formation of any political party or entity pursuing racism, terrorism or ethnic cleansing or atonement, or at the instigation of or glorify him or promoted or adopt ideas or approaches are incompatible with democracy and the peaceful transfer of power principles.
Ninth: refer violators items (VII and VIII) above to the competent courts.
Article 5
The Authority shall seek to implement the decisions and directives through a specific mechanism for the application of procedures, including the identity and innocence written pledge not to return to the party activity under any name was put in line with the provisions of this law.
Chapter IV: Procedures
Article 6
The Authority shall follow the following procedures rightly belonging to the ranks of the Baath Party and the repressive devices before the date of 9/4/2003, for the purpose of achieving the objectives of the Authority and carry out its functions:
First, end the services of all employees who were at the rank branch and a member of the Division of retirement and career rank shall be fixed, which they occupied before their availability to work in the Baath Party under service and pension law.
Second: refer all employees who occupy one of the grades (director general or equivalent and above) who were at the rank member of the task in the ranks of the Baath Party to retire, according to the service and pension law.
Third: ending all services of employees of the security services (repressive) and retirement under the law of service and retirement exception of a policeman service and age.
Fourth: prevents leaders and commanders of Fedayeen Saddam device and volunteered to work in the mentioned of any pension rights system, with the exception of pupils, students and participating teams and transferred from military personnel of all ministries and state institutions all to work in the Fedayeen Saddam device that are not accounted for their service in the mentioned device for any purpose it was.
Fifth: allow all staff from non-special grades who were at the rank of Division Member or below in the ranks of the Baath Party to return to their constituencies or to continue in their jobs.
VI: Do not allow team members to return to serve or continue to serve in the three governing bodies, the Judicial Council and the ministries and security agencies the foreign and finance ministries.
Seventh: Do not distract the pension or grant both belonged to the Baath Party after (20/3/2003) and obtained political or humanitarian asylum in any State.
Eighth: prevents occupancy functions (director general of Bdrjtah or older and the membership of the House of Representatives and the Union and the provincial council and directors of administrative units) each member of the degree or above in the ranks of the Baath Party and the political class guidance.
Ninth: Down with all the rights set forth in the preceding paragraphs for each person is shown to be participating crimes against the Iraqi people or enriched at the expense of public money.
Article 7
First, all covered by the reference to retire under Article (6) of the Act to provide formal requests to their constituencies for referral to retire within (90) days for those who were inside Iraq, and 120 days for those who were outside Iraq, and may submit a request through embassies or Iraqi consulates abroad.
Eighth: All covered to return to the job under the provisions of this law to make a formal requests to their constituencies for re to service during the ninety (90) days for those who were inside Iraq, and 120 days for those who were outside Iraq, and may submit a request by Iraqi embassies and consulates and otherwise forfeits his right to return to the job.
Article 8
Down with all exceptions and the rights and separates from service on charges of breach of honor both benefited from this law of former Baath Party members and found later under a court ruling providing false information, or affiliation, or returning to the formations of the banned political parties or to help them or promote them and demanded a judicial pay what Asthsalh rights and money.
Article 9
All functional and military grades and honors and titles enjoyed by members of the teams and divisions and branches of national and country offices because of their affiliation to the Baath Party canceled and revoked all privileges implications.
Article 10
Referred to all those who have committed crimes against the Iraqi people or enriched at the expense of public money from those who belonged to the Baath party (and all grades of party) or repressive organs and armed forces to the courts and duly prosecuted for crimes against the Iraqi people.
Article 11
Baath Party is prohibited and prosecuted as a party system for committing crimes against the Iraqi people.
Article 12
Includes a ban on the Baath Party and its members under this Act the following actions:
First, belonging to the Baath Party, and under any name whatsoever.
Second, force or threat or earn any person to belong to the Baath Party.
Third: do any political activity or intellectual would encourage promotion or glorification of the thought of the Baath Party or encouragement to belong to him.
Fourth: the nomination in the general election or local referendums.
Fifth: the use of the media, audio-visual and print to spread the ideas and opinions of the Baath Party.
Sixth: publishing and media of all kinds of activities and the thoughts and opinions of the Baath Party.
Seventh: participate in any rallies or demonstrations or sit-ins.
Article 13
Apply the provisions of Article (12) of this law to all persons and parties and political entities and organizations that pursue or adopt ideas or approaches are incompatible with democracy and the peaceful transfer of power principles.
Article 14
Prime Minister and his deputies gathered exception right covered by the provisions of this law and according to the requirements of the public interest at the request of the competent minister and the approval of the Authority.
Article 15
First, commit the three governing bodies, the Judicial Council and the ministries and departments is related to the Ministry and independent bodies and civil society organizations to implement all the decisions and directives of the Authority issued in accordance with this law.
Second, the person in charge or the employee is exposed omission on the implementation of the decisions and directives of the body to the criminal accountability, according to the Penal Code.
Article 16
Attorney General shall process complaints in connection with the crimes attributed to the elements of the Baath Party and the repressive organs and agents of the former regime and trigger them before the competent courts when there is probative evidence.
Chapter V
Appeals
Article 17
First, who was sentenced by including the provisions of this law, the right of appeal against the decision of the right front of the body during the period of ten (10) days from the date of notification of the decision or considered as an amount according to the rules contained in the Report of Civil Procedure Act and continues to charge covered salaries until deciding the subject matter hereof.
Secondly, the Commission deciding grievance over thirty (30) days from the day following the receipt of the grievance and the grievance is otherwise objectionable provision.
Third: the rejection of his appeal, which included the fact that a judgment or appeal the decision issued against him in front of the discrimination during the thirty (30) days from the date of notification of the decision of rejection or considered as an amount according to the rules contained in the Report Code of Civil Procedure.
Fourth: Discrimination Commission issued its decision on appeal received and its decision shall be capable of being corrected before the Court of Cassation.
Chapter VI
Structural body
Article 18
First, the President of the Commission related to the following departments:
1. Office of the President of the Commission: and managed by the employee entitled director and is organized by correspondence chairman and his appointments and interviews, and any duties as assigned by the President of the Commission.
2. Vice-President of the Commission: and be particularly high and the level of deputy minister.
3. The members of the Commission and responsible for overseeing and monitoring the work of the Commission's departments and decision-making related to the work of the Commission.
Secondly formations body: It consists of:
A public prosecutor's office: It consists of three prosecutors are placement to work in the body of the Supreme Judicial Council of known integrity, efficiency and good reputation is not covered by the procedures set forth in this Law specializes in receiving complaints in connection with the crimes attributed to the elements of the Baath Party and devices repressive and collect supporting evidence at hand and move the proceedings before the competent court for those crimes.
( B) legal department is headed by director general holds a college degree preliminary in-law at least and has the service of not less than 10 years, and shall receive Alakhbarat all covered body and the crimes committed by them, investigation procedures, and make recommendations thereon, and to consider the requests to return to the job and requests for exception , and requests for retirement, and to plead for the body before the competent courts, and communicate decisions of the Commission, and the study of legislation enacted by the former regime, and benefited from which elements of the system and his associates, in particular, and to provide suggestions and recommendations as may be necessary to ensure justice and equality, and follow up the implementation of the decisions of the Commission.
C - Investigation Service: headed rank of director general employee holds a university degree preliminary in-law at least and has the service of not less than 10 years and holds the monitor and follow up on people, parties and political entities and organizations and verify the non-exercise of any of the prohibited activities under this law, and it has the power to conduct the investigation Managing the information obtained or what is being offered from the state apparatus in what his relationship Mahaddourh activities under this Act and shall be entitled to demand from government agencies to provide information and documents to help it carry out its tasks and work, and have to inform the competent authority to follow up the work specified in the law of parties political parties political, the results of the administrative achieved a decision issued by the Authority, to take over the authority mentioned to take the necessary according to the law, and if found that the sites that took over the investigation which constitute the activities prohibited under this Act, it shall refer the investigative papers and results of the investigation to the competent for consideration on according to the Criminal Court law.
D IT department is headed by director general holds a college degree at least and has the service of not less than 10 years and holds the collection and archive available for members of the Baath Party and elements of the repressive organs of information, and the information available about the confused by them crimes against the people and the money they acquired illegally and provide the relevant authorities such information for the purpose of making necessary against them.
AH: Department of Finance and Administration: and headed by a Director General holds a college degree, at least preliminary and has the service of not less than 10 years, and provides security for the administrative services of the staff, and be responsible for preparing the annual budget and financial report of the Commission.
And: Department of Finance and economic pursuits: and headed by a Director General holds a college degree preliminary at least, and has a service of not less than 10 years, and holds the count and evaluation of the financial and economic entities seized by agents of the former regime and follow up these properties and entities inside and outside Iraq and make recommendations to the parties concerned to be recovered.
G: Department of Information: headed by a Director General holds a college degree preliminary at least and has the service of not less than 10 years, and shall cover the Authority's activities, and to highlight the importance of these activities, and disseminated through the media, and to contribute to the development of social and educational programs that emphasize the political pluralism and tolerance , equality, and condemn the crimes and scandals committed by the former regime, and the culture of one-party politics and marginalization and exclusion.
Third, the Inspector General of the Commission shall exercise its functions in accordance with the law.
Chapter VII: punitive provisions
Article 19
First, punishable by imprisonment for a term not exceeding ten years, both belonged to the Baath Party, after the entry into force of this Act, or promoted the ideas and opinions by all means, and each of forced or threatened or earn any person to belong to the Baath Party.
Second, the penalty shall be imprisonment for a period not exceeding (fifteen) years if the perpetrator of belonging to the Baath Party before its dissolution or covered body procedures.
Article 20 is punishable by imprisonment for a term not exceeding five years from all those who contributed and helped through the media to publish the Baath Party ideas.
Article 21 shall be punished by imprisonment for a term not exceeding (ten years) both followed or adopted racist or atonement or ethnic cleansing or instigated or glory for him, or hyped, or eagerness to embrace ideas or guidance incompatible with democracy and the peaceful transfer of power principles.
Article 22 shall be punished by life imprisonment anyone who commits acts specified in the material (21,20,19), of this law if the perpetrator of army personnel or internal security forces, security services and other.
Article 23:
First, be punished by imprisonment for a term not exceeding five years or every employee assigned to public service deprived a citizen of his rights prescribed by law or impeded or another accomplishment of official dealings sectarian, religious or ethnic reasons, is without prejudice to any administrative penalties provided by law.
Second, be punished by imprisonment each employee punished employees or deprived him of his rights and sectarian reasons, religious or nationalist, is without prejudice to any administrative penalties provided by law.
Third, be punished by imprisonment of both claimed he sectarian or religious or national discrimination and is shown to be invalid claim.
Article 24
Shall be punished by imprisonment for a period not to exceed (seven years) all of the used force, threats or intimidation to force citizens to leave their usual place of residence sectarian, religious or ethnic reasons.
Article 25
Considered a mitigating circumstance if the actor admitted to the competent authorities on the activities prohibited under this law before the start of the investigation with him.
Article 26
Employee convicted of an offense punishable under the present law and punishable by death unarmed military man, police and security penalty of expulsion and deprived of pension rights.
Chapter VII
Final provisions General
Article 28
The Commission shall submit a quarterly report on all of its work, and the action taken to the House of Representatives.
Article 29
Actions taken by the Commission before the entry into force of this Act window whenever they are compatible with the provisions of the laws in force at the time, which is what did not contradict the provisions of this law.
Article 30
The provisions of the Civil Service Law No. apply (24) of 1960 as amended and the provisions of the discipline of state employees Law No. (14) for the year 1991 on the Commission's staff.
Article 31
Associates of the body receive allowances equal to the seriousness of the risk allocation of staff to their peers in the House of Representatives.
Article 32
The Commission shall publish the names of the procedures covered by the subject of Article (6) of the Act and grades partisan and functional positions and the date of issuance of such actions through the media.
Article 33
The body archive Palmhmolin procedures of Article (6) of the Act and grades partisan and functional positions and date of issuance of such procedures, and are referred Archive to the cabinet for his uncles on the ministries and departments is related to the Ministry and independent bodies and civil society organizations for adoption data and act accordingly base.
Article 34
Council episodes and the absolute majority of its members dissolve the agency after the end of its mission based on a decision issued by the Commission in accordance with the Constitution.
Article 35
First: The President of the Commission shall be referred to the Vice President and retirement according to the law.
Second convey members of the Commission and the general managers and Associates employees to owners of the three governing bodies, or the National Investment Commission, or the UN High Commissioner for Human Rights or the Electoral Commission or the Integrity Commission or the State Department or oil if you do not submit a request for retirement, according to the law.
Article 36
The President of the Commission to issue rules to regulate the work in the body within (90) days from the date assigned tasks.
Article 37
Repealed the Supreme National Commission for Accountability and Justice Law No. 10 of 2008
Article 38
Chairman of the Commission may issue instructions to facilitate the implementation of the provisions of this Act
Article 39
Does not work with any law contrary to the provisions of this Act
Article 40 of this law shall be the date of its publication in the Official Gazette.
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