Forged signatures to refer to the Criminal Court
06/13/2012 0:11
Refused to question the government is unconstitutional .. And the parties to Erbil, Najaf, talking about the new ways would be taking
Baghdad - Shaima Rashid
decided a coalition of state law to refer signatures forged on the request to withdraw confidence from the government to the criminal courts, as confirmed political blocs, the unconstitutionality of any question does not depend on the legal requirements.
This comes at a time in which it announced the outskirts of Erbil and Najaf continued to demand the withdrawal of confidence from the government, without being clear what the routes to be used after failing to provide the votes needed for it.
A member of a coalition of state law, the Attorney Mahmoud Hassan "morning": that "the coalition decided to move to transfer these signatures to the court .. It may be around already yesterday. "
said Hassan, "The coalition brought together many of the evidence which sustained it and is designed to provide counterfeiters to justice."
and on the legality of the interrogation of the government to be submitted, Hasan said: "the motion must be constitutional, that includes conditions and irregularities legal and constitutional and not arbitrary .. And this matter there is currently, so if the feet, it can be challenged in federal court, which certainly reject, because it is not supported on constitutional provisions. "
Article 61 of the Constitution: "VIII / B 1 for the President of the Republic may submit a request to the Council of Representatives to withdraw confidence the President of the Council of Ministers. 2 for the House of Representatives, at the request of five (fifth) of its members to withdraw confidence from the Prime Minister, may not be submitted this request except after an interpellation addressed to the Prime Minister, and after at least seven days of submission of the application 0.3 Council of Representatives decides the withdrawal of confidence from the Prime Minister by an absolute majority of its members. c is the ministry resigned in case of withdrawal of confidence from the Prime Minister. d in the case of a vote of no confidence from the Cabinet as a whole, continue to the Prime Minister and ministers in their positions to run everyday business for a period of not more than thirty days, until the formation of new cabinet in accordance with the provisions of Article (76) of this Constitution. "
In turn, said the legal expert Tariq Harb, "The signatures on a request to withdraw confidence from the Prime Minister found at the presidency and priorities on the subject found to have.
was Office of the President issued a statement confirming that "the Committee mandated by the President had received the check signatures of 160 MPs from the coalition in Iraq and a coalition of Kurdish forces and the mass of the Liberals and the number of independents, and later added them to a list of number of members of the Patriotic Union of Kurdistan (PUK). Later, the 11 of the signatories of the former House of Representatives to inform the Office of the President to withdraw their signatures, while two other deputies asked, "hang" Toukieihma ", alluding to" exercise highlighting these details to prevent any hearsay about the position of President of the Republic, and to reaffirm its commitment to the Basic Law. Here we must also note that the circulation of the names said to have been candidates for the Presidency of the Council of Ministers is an explicit violation of the provisions of Rule 61 VIII D of the Constitution, which empowers the President of this right in accordance with what is contained in Article 76 of the Basic Law. "
He said the war "morning" "The signatures forged shall be referred initially to the court of competent investigation to conduct special investigations by the investigating because the law punishes fraud even if it was a joke," noting that the matter related to the Court of inquiry that address the parties to the relationship and adjust their statements and look at the priorities and bring the lines signatures prior to make sure is that the signature belongs to them or not, all these things are carried out by the Court of the investigation and after the completion of the investigation if it is proved the existence of fraud will be returned to the Criminal Court, which conducts the hearing, trial, judgment. "and on the legal mechanisms for the motion, between the war that" the issue of interrogation is not arbitrary, but must prove it (interviewee) is something of a breach or violation and sets, "pointing out that this issue is" more political than legal. "
He War "The question of interrogation is constitutional, but must be achieved none of its causes, and with the This may not be convinced the House of Representatives to hold no-confidence and accept the interrogation, especially if not many great, and remains al-Faisal is a vote in the parliament and get to 163 votes, although it did not reach the required number yet.
The head of the Kurdistan region, Massoud Barzani, had announced that the efforts of the Iraqi forces are continuing to change the head of the government via the Constitution.
Barzani said in a letter published on his in the social networking site "Facebook": that "the efforts of the Iraqi forces are continuing to change al-Maliki over the Constitution," noting that "under our hands now Message from the President of the Republic and more than 170 signatures . "
The Barzani that "if it has been handling the problem of democracy really will solve the problems of the region, too," adding that "in case of failure to address the cause of democracy in Iraq, we are forced to go to other options and will not compromise the rights and future of our people." He also denied the current leader Sadr Muqtada al-Sadr's deputies that he depends on the subject of withdrawal of confidence from the Prime Minister as determined by the references of Qom.
and the transfer of the office of Mr. Sadr as saying in response to a question to him on the subject of withdrawal of confidence from Maliki and on the statements of deputies from Iraq and a coalition of state law that is subject to the decision of references Arise, and he may back down from no-confidence "as apparent that most of our references who have the independence and Biqa in Iraqi affairs, has taken the path of neutrality."
In the meantime, MP Abbas al-Bayati: The question the prime minister who calls him by some parties in the House of Representatives must to be within the competence of the executive branch, and is not background political. "
said al-Bayati's (Center Brief for the Iraqi Media Network): "The interrogation of constitutional would only be within the jurisdiction of the executive and the government, not the background of political and who call for the interrogation they provide evidence and documentation, including falls under the responsibility . "
The al-Bayati, "As for what they claim it is the questioning of political has no constitutional cover, because Article 61 VII / c clearly says that the interrogations within the jurisdiction of the executive branch, and is not Bde political."
He continued: "The interrogation, which is seeking his party is not the work of government and functions as provided for in the Constitution on that. "
In turn, the MP from the bloc and the national Ahmed Jubouri "It is very difficult to question the prime minister in the House there is no constitutional violation against him, he is working within the constitution."
Jubouri said: "The claimants to withdraw trust them to follow legal proceedings under Article 61 of the Constitution, which allows for 25 members accountable Prime Minister or any Minister and an official state after it is send questions and grounds cause for questioning. "
said Jubouri in a press statement that "On this basis, there is no passport illegal to question the prime minister because he does not There are no grounds and cause enough to question him, "explaining that" some political blocs have to take legal means and constitutional in their applications should not have to exercise coercion and pressure on the President to withdraw confidence from the government because it depends on him and not vested in the members of the House of Representatives who have to address the Chairman of the Board of Representatives and the Presidency of the interrogation and accountability and shall not request the withdrawal of confidence from the President of the Republic. "
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