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Bayraktar (range): The judiciary is independent in its budget is not subject to the Prime Minister
On: Tuesday 02/14/2012 10:33
dialogue and filming / Enas Jabar and charm of Hossein
debates and accusations as long as accompanied by the judiciary when issued any decision, indicating that the executive has the impact on its provisions, especially when associated with party political, between the tides and the pro and exhibitions distance of the judiciary to defend itself, the remaining provisions Our Lady of the situation.
Raised the recent clamor about a file accusing Vice President Tareq al-Hashemi supporting armed groups, and confessions before and accusing Judge Medhat al-Mahmoud acquired three positions in the judiciary and many inquiries, and to answer what is going on through the media, we had a meeting with the spokesman for the Supreme Judicial Council, Judge Abdul Sattar Bayraktar to clarify the facts and a lot of confusion.
* What is your comment on the accusations against the Iraqi judiciary for its independence and submission to the Prime Minister Nuri al-Maliki and his exposition of the interactions and political pressure, especially in the case of deputy Tareq al-Hashemi How sound is this and how to handle the Iraqi judiciary with political issues?
- The Supreme Judicial Council as a representative of the judiciary in Iraq shall be Department of judges and judicial organs of other, shall not issue judgments and decisions, because it depends on the courts of different types and levels, and the courts independent of its provisions and resolutions with no authority other than the law by the rulings and decisions subject to the methods of legal remedy can not be subject to the courts to any request from any party, and supported by the issuance of, inter alia against the Prime Minister or against the President of the House of Representatives or against the President of the Supreme Judicial Council in addition to jobs and the question that facets Why subject the judiciary to the Prime Minister who is independent in its budget in its affairs all have within its independence many of the constitutional provisions and Article (2) of the judicial organization and there is commitment from the authorities of the latter two executive and the legislature to respect the independence, and we are keen to maintain this independence, whether at the institutional level to maintain our independence to the other branches or the personal level to respect the independence of the judiciary in spending and the inadmissibility of interference in the even of the Supreme Judicial Council and therefore there is no truth to such accusations, and that the speculation that the Iraqi justice system distinguishes between issues politically charged on the non-independence and dependence of the executive branch as a branch of its subsidiaries is a violation of the principle of separation of powers referred to in the Constitution in force, and independence of the principle of working on the judiciary falls within the concept of transparency.
* the form of Council of the Judiciary Committee quintet then followed Ptsaih in the case of Attorney-Hashemi Is there unequivocal legal or is it a legal procedure in place?
- On the issue Hashemi and protect the Iraqi judiciary has dealt with high level of transparency has the form of the Supreme Judicial Council Committee quintet made up of five judges to investigate cases attributed to the protection of the Deputy President of the Republic and due to the increasing volume of business of the judiciary for the purpose of enabling them to surround aspects of the case all it was decided to increase the number of judges from five to nine judges, in addition to that the defendant is innocent until proven guilty and until he says the judiciary speech on the subject of the evidence obtained against him by a fair trial which offers all guarantees provided for in the law so Hashemi is innocent until proven guilty by evidence arguing for acts attributed to him, and after gaining provisions degree bits through the stages of appeal provided for by law and that this is the attitude of the judiciary and charted the judiciary, both for the issue Hashemi or in any case other and thus, the issue Hashemi given legal guarantees high.
* said some concerned with the legal possibility of the transfer case Hashemi from Baghdad to Kurdistan or Kirkuk and provoked response discrimination of the case a political backlash as the legal grounds respond to the lawsuit, which was based on the Iraqi judiciary to?
- introduced Tareq al-Hashemi request to transfer his call was presented the request to the General Authority of the Federal Cassation Court was refused by the panel of nineteen judges from senior judges and the various components of nationalism and sectarianism for legal reasons purely.
* be raised between now and then the question of taking head of the judiciary three positions of power and that this varies with the paragraphs of the Constitution as the validity of the case and whether shall actually three positions?
- an important issue always hear in through the media, especially of the parties, skeptical independence of the judiciary but the real issue contain ambiguity and fallacy which did not take head of the judiciary three positions as they claim, of course, is the head of Federal Supreme Court and Chief Justice by virtue of the law, either Federal Court of Cassation has been appointed since the independence of the Iraqi judiciary in 2006 and up to now two main have not hold the position Judge Medhat al-Mahmoud.
* met with the issue of broadcast confessions of some accused of committing crimes through the media before the trial rejected sometimes and acceptance of other times by several bodies. With other parties took advantage of it to the inaccurate criticism of the judiciary. How do you see that?
- that the issue of display pictures and confessions of the accused on television is far from the work of the judiciary and some think that the judiciary is one of the command to spread broadcast the confessions and this mistaken notion is based on the evidence because the judiciary follow the principle of justice that the accused is presumed innocent until proven guilty we did not find that an investigating judge or the judicial inquiry has ordered the deployment of these confessions, but the executive branch sometimes take the initiative to publish these confessions and through statements by some officials for reasons envisaged by perhaps to reassure public opinion.
* rumored from time to time the presence of detention centers and secret prisons .. Is there actually being held prisoner inside and secret prisons? And the validity of these allegations?
- this claim was not far from the ears of the judiciary as it drove him through the media and that it intersects with the provision of paragraph (12) of Article (19) of the Constitution of Iraq for the year 2005, we have stated on several occasions that the Supreme Judicial Council ready to hear all of the claims that will move a judicial body to that place immediately and without delay and that was through the interviews and in some seminars, conferences and workshops as it always is this to say only that someone did not file any evidence or even a reference to the place of home in which prisoners Omatgulwn positions of the secret, so that the one did not provide support that claim up to the moment.
* addresses the media from time to time subject of incarceration and arrest people before trial and without access their families to them for long periods of time without charging them an official or imprisonment of people (without trial) What are the measures taken to these cases?
- to illustrate this point must be to differentiate between the terms of the work of the judiciary and the work of authorities and other parties as the inability of people and the families of the detainees of their visit not exclusive to the functioning of the judiciary because the prison administration and positions is limited to three sides (Ministry of Justice, by the Department of the reform of adult and Ministry of Labour and Social Affairs, represented the Department of Corrections and the Interior Ministry and security agencies overseeing some situations the applicant where the detainees) does not have the Supreme Judicial Council, any position or Prison Service or repair and does not have the authority of the administration on any of those positions, prisons, and thus, this observation that are available, the order addressed not exclusive to the judiciary, is it a violation of paragraph (12) of Article (19) of the Constitution of Iraq in 2005 and despite that the judiciary did not stand to breach the rights of detainees and depositors and guests, guaranteed by the Constitution and the laws and the Bill of Human Rights When up knowingly, either through a complaint with the families of detained or arrested themselves or by judges and public prosecutors Almnspin to inspect the prisons and attitudes according to the provisions of Article (7) of the Law on Public Prosecutor No. 159 of 1979 proceed to exercise its functions in the conduct of the judicial investigation and legal action to those found by the charge, according to the law.
* Is there a legal action against those that stop people without a trial?
- with respect to the imprisonment or detention of people (without trial), it is contrary to the legal provisions in force, including the Code of Criminal Procedure No. 23 of 1971 which prevented the arrest of any person or detained except by decision of the magistrate, as well as the provision of Article (123) of Criminal Procedure, which obliges the investigating judge questioned the defendant within twenty-four hours from the time of his arrest or detention, and any violation of this provision shall take legal action against based on the order who carried out the detention or detention of a person or a citizen without a judicial decision in the event of such action by the executive bodies of the security or in the custody of a person or arrested without a judicial decision is conducting the investigation against him in accordance with the provisions of Articles (322 323) of the Penal Code No. ( 111) for the year 1969, when he got some of these cases have taken court proceedings against these offenders and issued against some of these penal provisions and provisions for compensation and evidence of this are many.
* Do not get some of those arrested or convicted on the advice or legal assistance is popularized recently through the media? . What response does the elimination of this issue?
- this claim is free of the reasons for his health because the Article (123) of the Code of Criminal Procedure No. (23) for the year 1971, as amended committed the investigating judge or the Criminal Court the assignment of counsel to the accused who is unable to hire a lawyer to defend his rights This article was concerned with at the trial stage only, ie when it displays the accused to the criminal court or misdemeanors did not have a lawyer and that this is a violation of Article (19) of the Constitution of Iraq for the year 2005, the court shall appoint a lawyer at the expense of the state treasury, but this text has been amended by CPA Order now defunct No. (3) for the year 2003, which make this commitment applies to the courts in the investigation stage the assignment of counsel to the accused when they are not able to hire a lawyer and became a duty to follow since that date and became binding on the judiciary may not be taking the statements of an accused before a judge investigation only in the presence of a lawyer, whether an agent is genuine or a lawyer managing director of the court and be designated from among the lawyers registered in the Bar Association and pay court to them paid from the budget of the judiciary and the wages admitted her door in the budget of the judiciary and the total spent to pay lawyers for lawyers assigned to defend of the defendants who were unable to hire a lawyer for them and for the period from 2005 and until 2011 the amount of $ (7,573,133,150) seven billion five hundred and seventy-three million one hundred and thirty-three thousand and a hundred and fifty dinars, and it was possible the construction of buildings, courts, or processing of cars of the Council, rather than wage assignment, was to eliminate Iraq's position supportive of the right of the accused to counsel him and the Federal Cassation Court has evidence and numerous examples, where the reversed provisions in cases not the presence of the accused before the Criminal Court together with a lawyer and an agent is genuine or managing director, is sufficient to ensure the constitutional right, but has committed to write down his statement before the investigating judge in the presence of a lawyer with an agent authentic and not able to do so may assign a lawyer to him and in other decisions approved Federal Court of Cassation on the decisions of the courts of the Central Criminal, which ruled for the release of the defendants because their statements before the investigating judge were not in the presence of a lawyer.
* The Supreme Judicial Council from time to time and other statistics the numbers of detainees completed their cases especially those released in return we hear complaints from a number of families of the released detainees not to implement the decisions of the judiciary? How does the judiciary with these complaints and what action taken against the defaulters?
- that the Iraqi judiciary did not stand against the detention of persons without judicial decisions, but it took action against those who fail to release the detainee, who was a judicial decision to release him or was acquitted or served his sentence longer the legal accountability a number of them, including, for example, the actions taken against the leadership of Nineveh in 2009, and issued the Iraqi judiciary provisions lawsuit against those who refrain from the release of released under the terms of a lawsuit was Belzamanm compensate that person amounts of money for his detention after his release Under the decisions of the judiciary and also the decisions of the Federal Cassation Court have evidence of that.
* There are certain organizations of human rights disputes provisions of the penalty and described without legal?
- this description can not be conceived because of privacy that gave the legislation in force for the death sentences issued after stages in the forefront of the judicial investigation, and based on with the provisions of Article (254) of the Code of Criminal Procedure No. (23) for the year 1971, as amended, the Criminal Court referred the case from the Court of competent investigation binding when issued a death sentence to send file the lawsuit to the Federal Court of Cassation within ten days from the date of the judgment to consider when discrimination If not submitted an appeal in which this is called discrimination mandatory or automatic, and sent the Federal Cassation Court file suit immediately upon arrival to the presidency of the prosecution with its attachments to keep it in terms of formal and substantive and reading about the provision in question within twenty days and then return it to the Court of Cassation on the basis not the provisions of Article ( 225) of the Code of Criminal Procedure and the Act provides in Article (257) to look at cases sentenced by the death of the jurisdiction of the Authority General in the Court of Appeal / Federal, which meets the full members of the Court of Cassation is not a result of audits of discriminatory power of death in addition to the provisions of Article 16 / I of the Law on Public Prosecutor No. 159 of 1979, the rate at which obliges the Criminal Court as well as sending claims unresolved by it punishable by death to the presidency of the prosecution immediately after the issuance of government, all of these texts and the legal provisions intended to ensure a needed checks on the death sentences to verify the approval of the provisions of the law, this does not prejudice the right of parties to the criminal case and the Attorney General to appeal discrimination ruling said, adding that there are many of the safeguards guaranteed by the Constitution and laws of the accused to ensure that procedures for investigative and fair trial.
* There are reports of receiving some magistrates bribes in return for manipulation of securities investigative Do you have information you support?
- Thank God that judges in the economic situation is good in view of what Atkadouna of the salary and allowances and financial benefits, the other in addition to what they enjoyed immunity moral robust and that such charges have become very rarely went to them and this is what we saw from a position of responsibility in Supreme Judicial Council, and who has the information in this regard we hope to apply them and called the judge or judges who accepted bribes in order to take legal action against him that is true, and our doors are open to anyone who likes to present information in this regard but he has to be careful on the accuracy and validity of information, then that The judge's decision does not need to manipulate securities investigative that Salt has the same, God forbid, the commission is against the law and Shara, and we believe that this is a reasonable and logical that we can confirm that such news is not unfounded.
* Why delay the process of resolving criminal cases for periods up to more than 3 years?
- unfortunately happens in some cases, the delay in resolving the issues investigative especially related to terrorism, as is known, the Court of the investigation or the criminal court based in the implementation of its decisions on the executive branch, represented by the police and criminal evidence, health, civil status, services reform and other circles, and gets a lot of cases, delay in the implementation of decisions of the Court for different reasons, in addition to the complexities of crime, especially terrorism, including because of the multiplicity of terrorist acts and gravity of and the multiplicity of defendants and the flight of many of them which leads to the multiplicity of the investigation relating to Bthblaghm and Report of witnesses and to obtain medical reports, legislative, and anatomical and bring the accused and access to their identities that prove the real name, age and other measures required by the investigation and all measures is not an easy, but it is noticeable that there is order of the following judges of the investigation to complete the investigation as quickly as possible and there is follow-up of the judicial organs associated with it and there are monthly statistics provided to the Council and that been studied and auditing and to accelerate the resolution of litigation, and we would like to Ntmon reader that many of the claims has been completed and took her way to the implementation and Statistics issued by the judiciary month confirms this fact.
* There are those who carry the responsibility of arbitrary arrests because of their reliance on confidential informant and that contributes to the issuance of warrants to the citizens for the purposes of revenge is no more.
News - secret legal issue known in Iraqi legislation in the legislation of different countries since the period is not easy, has proved its importance and usefulness in the detection of many crimes they provide to the informant not to disclose his identity and personality in public when you offer to make informs the crime if he felt threatened or embarrassed by it, an issue that has controls in terms of retaining the court or on the investigation with complete, accurate and confidential the identity of informant and address, has pointed Penal Procedural Law of Iraq No. (23) for the year 1971, as amended in Article (47/2) thereof to the news secret, and passed to the informant in offenses against the security of the state of internal or external and crimes of economic sabotage other punishable by death or life imprisonment or the interim to ask not to be identified publicly, news, whether secret or not secret may be abused of some of the people and the Iraqi legislature lookout for such cases when punished on that article (243) of the Penal Code No. (111) of 1961 that have been modified by Law No. (15) for the year 2009 to tighten the penalty for up to the maximum penalty for the offense, which accused them of was News for if the news proved false imprisonment of not more than ten years, sum up the news secret legal question can not refrain from their application and at the same time must be handled with care, accuracy and prescriptive going to the courts in this regard.
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