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26/05/2013 (00:01 pm)
Experts register "explicit legal irregularities" in the book issued by the Court of Appeal on the Central Bank
Baghdad / Range
Criticized the experts in the law, the Court of Appeal Rusafa and its president إصدارهما verdict in the case of the central bank while the investigation was still underway, and considered that the President of the Court committed "irregularities frank" and declared "bias full along with the complainant," and the "inauguration of the same opponent and a lawyer and a judge" in this issue.
The comment came after legal experts questioned the "long" mentioned in the book directed by the President of the Court of Appeal Baghdad / Resafa to the Governor of the Central Bank of the 968 number in 03/13/2013 and got the "long" version of it.
Experts said the "President of the Court of Appeal BAGHDAD / Rusafa prejudge the case is still pending before the investigating judges and declares bias full along with the complainant (President of the House of Representatives and his deputy, I) against the management of the Central Bank of the former and the inauguration of the same opponent and a lawyer and a judge ..!!" .
He added that "the court has issued an opinion already explicit in the case is still under investigation in the preparation of the book above where confirmed the presence of damage and waste of public money in the case of the Central Bank, considering (a fait accompli and legally supposed) ..!!".
Legal experts questioned "Is that the judge has the right to prejudge the issue has not been resolved by the investigating judges? Or that this falls within the duties of disqualification of judges provided for in Article 93 of the Civil Procedure Act No. 83 of 1969, as amended?" ..
The experts pointed out in the place of registration irregularities to the Court that "the President of the Court did not explain the legal authority that supports his opinion the presence of the waste and damage to public money resulting from the sale of foreign currency against the Iraqi dinar and convert them to the outside through the central bank auction ..??".
They pointed out that "the President of the Court has been forgotten or forgetting that the central bank is obliged according to the provisions of its law in force, as well as based on the provisions of the bilateral agreements concluded between the Iraqi government and the central bank on the one hand and the International Monetary Fund, which obliges the Iraqi government and the central bank pursuing a policy of free movement of capital and not to impose any restrictions on the foreign exchange except in relation to money laundering and the financing of terrorism and this is also stipulated by the Iraqi money laundering law in force. "
He said legal experts, "despite the fact that the CBI has formed a committee of experts and specialists in the field of monetary policy to know the existence of damage or wastage of public money through currency auction committee has mentioned a study was sent to the Court under the book's central bank 10/652 in 10/02/2013 ... but the President of the Court may blatant interference in the jurisdiction of the Central Bank and the rejection of the formation of a committee specialists and recommendations that emerged from the explanation of it (that the court did not ask for the formation of an ad hoc committee to find out whether or not there is damage but select only the amount requested). ..!!!. "
They pointed out that "the President of the Court of his familiarity with the full and adequate information on the work of the central bank and its terms of reference, so he does not need the opinion of experts and specialists in monetary policy in the terms of reference of the central banks and that unless we find it in any court of the world."
They stressed that "the President of the Court has gone beyond it when the face of a threat to the management of the central bank and directly that (the court will take legal action against the defaulting) in the case of non-response and answer according convinced President of the Court the existence of damage and wastage of public money and a statement of $ ..??" .
Experts seal registration irregularities in the court book that "the President of the Court under his above request of the complainant (Speaker of the House and his first deputy), urged the Defendant asked him (the central bank) to cooperate with the court ..!!".
They considered that "this strange demand causes us to wonder whether there was any precedent with the judiciary appeal to include by بالمشتكي Court and requests him complained urged him to cooperate with them and answer according to conviction ..!!".
Called experts, and officials involved in the affairs of the judiciary to work "to stop the pass to take these actions against those who exercised equitable for the oppressed and to achieve justice and to preserve the reputation of the Iraqi judiciary."
Text book
Ensure that the text of the book issued by the President of the Court of Appeal BAGHDAD / Rusafa Federal, and directed to the Central Bank of Iraq for the Office of Governor of the Bank, entitled the "secret and personal and urgent" that "referring to the complaint filed before this court by the Iraqi Council of Representatives / Office of the President under their book No. 1400 4/10/2012 regarding the policies of the central bank and the work of Jean-selling foreign currency auctions, which led to the smuggling of public money from stocks Iraq of foreign currency (which is the money of the Iraqi people) out of Iraq and based on the report of the Parliamentary Committee on the issue matter of Deputies number 626 in the 1/8 / 2012 and the report of the Office of Financial Supervision the 4/3/1/20094 number in 01/25/2012. "
"He had previously had this Court Bmphatankm under letter No. 176 in 01/10/2013, containing the request determine the amount of damage to public money subject of the complaint and has an answer before you book Court No. M. / 1/12 22/01/2013 (paragraph first) than that Protozoa found at the court and can not be with him determine the size of the damage until after the examination of these Protozoa the court under letter No. 914 on 02.05.2013 demand Vtm send a committee of your staff specialists to study for the purpose of her answer clearly critical of the suit and get to the truth and has an answer Court under your letter No. 10/652 in 10/01/2013 to form a committee in this regard and sent with the book mentioned the report of a committee of ten people that this court would like to clarify a number of points. "
The authors pointed out that "the book sender (10/652 in 10/02/2013 substance forming a committee of specialists and did not indicate that the committee completed its work has been linked to the report of the Committee on the with an attachment fundamentalist book as required by the legal answer that."
He added that "This court did not ask for the formation of a committee to know the existence of damage or not but demand determine the amount only because the damage and wastage of public money is a fait accompli and assumed a law which was confirmed by the report of the Audit Court referred to above as to say otherwise is not correct in law and makes the report of the Office of Financial Supervision and indeed all BSA reports have no legal value and that it was based on moving the complaint. "
He added, "Note that the central bank to receive payments Iraqi dinar against foreign currency (dollar) that sell them is part of the merits of the case, the important aspect which is out of public funds out of Iraq contrary to the law and because of the policies of the central bank and committees sell the currency that is to say the lesson is not in versus what gets the central bank of the Iraqi dinar, but the lesson in the fate of the amounts of foreign currency from the dollar sold against it, which is the focus of the complaint filed by the appropriate answer the court a clear answer and accurate information about the value of the damage and wastage of public money that has occurred because of the policies of the Central Bank of the wrong and the work of Jean-selling foreign currency and cooperation with the court and the court are not forced to take legal action against the defaulting and causing obstruction of the legal process. "
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