Part 1: Justice News via a judges loyal appeals to the supreme religious authority of Mr. Sistani to intervene in correcting the reality of the judicial institution and according to the Constitution
Published March 14, 2014 | By Justice News
In the name of God the Merciful
Judge Ahmed al-Ahmad
Samaha top religious authority, Ali al-Husseini al-Sistani long have missed M / give Mr. (Medhat al-Mahmoud) presidency of the Higher Judicial Council proceeded contrary to the law or not Sorry Sayyed that taking your some of minutes or some of the time is very important in our beloved Iraq and everyone knows that your Eminence has devoted his life to the service of the victory of religion and doctrine of the Islamic and the importance of the subject as it is the subject of the rights of Iraq and the Iraqis came here to Eminence for the inspiration you what right where everyone without exception to resort to Eminence to take your comments and Fattaoakm which lit up the Brady Bunch for all Felicmah me your Eminence that uttered what is concern in our thoughts in order to know the real you think the frank and clear about this and about what was going on in our thoughts and the inability of some people for inexplicable or perhaps fear of uttering a truth both a president takes the Federal Court (Mr. Medhat al-Mahmoud) presidency of the Higher Judicial Council is contrary to the Constitution of the Republic of Iraq and the laws, orders and legislation in force and whether or not that will be clarified to Eminence and outlined the following points in order to show the real visible.
First, the civil administrator in Iraq, issued a legislative matter as No. 35 in 18/9/2003 in which it has been established Judicial Council, which came in the second section of the command (organic)
1 The Council is composed of the following members of the President of the Court of Cassation (Chairman of the Board) Vice-President of the Court of Cassation, the President of the Council of State chief prosecutor Prime judicial supervision of the Director General of the Department of Administrative whether judges or members of the public prosecutor's heads of courts of appeal.
2 be the Secretary General of the Council will be chosen by the President by the Secretary General of the Council of administrative tasks with the help of a sufficient number of employees is determined by the Board and the Ministry of Finance.
3 Council is chaired by the President of the Court of Cassation and the Council chooses the vice president of the Vice-President of the Court of Cassation
Second, the civil governor issued a memorandum interim authority destruction No. 12 of 2004 management independent judicial system by which the judiciary is fully separated from the Ministry of Justice in terms of budget and real estate owners and the administration of justice and related activities
Third, a law was passed the State Administration of Iraq for the Transitional Period (interim constitution) in 2004, which stated in Part III of Article III / c of it, which stipulates the following (expires entry into force of this law, when the formation of an elected government under a permanent constitution) and came in Part VI of it (power The Federal Judicial) Article Forty-fifth and according to which ( is created a High Council of the Judiciary and assume the role of the Council of Judges, supervised by the Supreme Council for the elimination of the federal judiciary, and manages the Council's budget. formed this Council by the President of the Federal Supreme Court, the President and Vice Federal Court of Cassation, and the heads of the courts of appeal Federal, and the head of each regional court for discrimination and his two deputies. headed by the President of the Federal Supreme Court of the Supreme Council of the Judiciary, and in his absence, presides over the Council Chairman of the Federal Cassation Court . ) In section IX (stage post-transitional) Article Sixty-second, which stipulates :
(( This remains the law in force until the issuance of a permanent constitution and the formation of the new Iraqi government which . ))
Fourth: The order was issued No. 30 of 2005 Law (Federal Supreme Court) published in the Official Gazette number 3996 on 17/3/2005
Based on "to the provisions of Article forty-fourth session of the State Administration Law for the Iraqi transitional phase and the second section of the appendix, and based" on the approval of the Presidency Council, the Cabinet decided to issue the command as follows:
Article 1 arise court called the Federal Supreme Court and be based in Baghdad exercise its functions independently with no authority under the law.
Article 2 of the Federal Supreme Court financially independent "and administratively."
Article 3 consists Federal Supreme Court by the President and eight members are appointed by the Presidency Council upon nomination of the Supreme Judicial Council in consultation with the judicial councils of the regions according to what is stipulated in paragraph e of Article (forty-fourth) of the Law of Administration for the State of Iraq for the Transitional Period.
Article 4 The Federal Supreme Court the following tasks:
First "to settle disputes that arise between the (federal government) and the governments of the regions and provinces, municipalities, and local administrations.
RED LILY ~ SEE why Maliki has the Federal Court Judges in his back pocket now?
Secondly, "to settle disputes relating to the legitimacy of laws, decrees and regulations, instructions and orders issued by any party has the right to issuance and cancellation that contradict the ones with the provisions of the Law of Administration for the State of Iraq for the Transitional Period, and be based" on the request of a court or an official or prosecutor has an interest.
Third, consider the appeals on judgments and decisions issued by the Administrative Court.
Fourthly, "considering lawsuits filed in front of appellate jurisdiction is regulated by federal law.
Article 5 I. "The President of the Court of its members to convene ahead of schedule well in advance and attach a letter of the suit the agenda and related documents do not have to sit right," except in the presence of all its members and their judgments and decisions by a simple majority except for the provisions and decisions of the settling of disputes occurring between the government Federal and provincial governments and the provinces, municipalities, and local administrations was needed to issue a two-thirds majority.
Secondly "judgments and decisions issued by the Supreme Federal Court.
Article 6 first, "The Speaker of the Federal Supreme Court and members of the salary and allowances Minister
Secondly "gone without all of the chairman and members of the Federal Supreme Court when leaving the service salary" pension "equivalent (80%) of the total remuneration of each month" before the interruption in connection with the job for any reason other than the cases of isolation because of a conviction for a crime involving moral turpitude or corruption and resignation without the approval of the Presidency Council.
Thirdly, "continues the President and members of the Federal Supreme Court service, without specifying an upper age limit, but if he wishes to leave the service.
RED LILY ~ SEE PART 2 where it says they need to ask for medical records after a certain age.. #7
Article 7 The President of the Federal Supreme Court and its members in front of the Presidential Council, which read right before assuming their duties:
(I swear by Almighty God that Audi and my job with honesty and integrity and I spend between adversaries right and justice, and I pass laws with honesty and integrity and impartiality of the judiciary to safeguard the independence, dignity and integrity, and God is my witness).
Article 8 first "president of the Federal Supreme Court is responsible for the management and has authorized some of his powers to a member of the court.
Secondly, "appointed by the President of the Federal Supreme Court and Court staff is seen in all their affairs.
Article 9 of the Federal Supreme Court issued a system "in-house" specifying the procedures governing the functioning of the court and how to accept applications and procedures for advocacy and facilitate the implementation of the provisions of this law and this order shall be published in the Official Gazette.
Article 10 does not work with any provision inconsistent with the provisions of this law.
Article 11 is implemented this command from the date of issuance and shall be published in the Official Gazette
Written in Baghdad on the fifteenth day of the month of Muharram of 1426 AH
Corresponding to the twenty-fourth day of February of the year 2005 AD
Reasons
Pursuant "to the provision of Article (forty-fourth) of the Law Department of the State of Iraq for the Transitional Period For the purpose of the establishment of the constitutional institutions in Iraq.
Has initiated this
Fifth: The Constitution of the Republic of Iraq was issued in 2005 a comprehensive permanent organizer of all the laws passed before him and published in the Official Gazette (facts of Iraq) number 4012 on 28/12/2005 and is made up of six sections and 144 articles, including special mention of Title III Chapter III of the judiciary article ( 87)
The judiciary is independent and by courts of different kinds and degrees and issue judgments in accordance with the law . Article (88)
Judges are independent, with no authority over them except that of the law, and can not be any authority to interfere in the judiciary or in the affairs of justice .
Article (89) The federal judiciary of the Supreme Judicial Council, the Supreme Federal Court, the Federal Court of Cassation, the Prosecutor's Office, and the judicial supervision, and other federal courts that are regulated in accordance with the law
Section I (Supreme Judicial Council)
Article (90) The Supreme Judicial Council Administration of the judiciary and law regulates the method of composition, competence and rules of action
Article (91) of the Supreme Judicial Council shall exercise the following powers
First, the administration of justice and supervision of the Federal Judiciary
Second, the nomination of chairman and members of the Federal Cassation Court and the chief prosecutor and head of the judicial oversight and presented to the House of Representatives to approve the appointment
Third, proposing the annual budget for the federal judiciary and presenting it to parliament for approval.
*** marking my spot ***
Section II (Federal Supreme Court)
Article (92) First, the Federal Supreme Court judicial body, financially and administratively independent
Second: The Federal Supreme Court shall consist of a number of judges and experts in Islamic jurisprudence and legal scholars determines the number and manner of selection by a law enacted by a majority of two-thirds of the members of the House of Representatives
Article (93) of the Federal Court shall have the following
First, the control of the constitutionality of laws and regulations in force
Secondly, the interpretation of provisions of the Constitution
Third chapter in the issues that arise from the application of federal laws, decrees and regulations, instructions and procedures issued by the federal authority and the law guarantees the right of the Council of Ministers and stakeholders from individuals and other direct right of appeal to the Court
Fourth: Settling disputes that arise between the governments of the regions or provinces, municipalities, and local administrations
Fifth: to settle disputes that arise between the governments of the regions or provinces
Sixth: Chapter accusations addressed to the President and the Prime Minister, ministers and regulated by law
Seventh: The approval of the final results of the general elections for membership of the House of Representatives
Eighth: A / chapter in the conflict of jurisdiction between the federal judiciary and judicial Alheiot regions and governorates that are not organized in a region
B / chapter in the conflict of jurisdiction between the judicial bodies of the regions or governorates not organized in a region
Article (94) of the Federal Supreme Court's decisions are final and binding for all authorities
Article (130) Legislation remains in effect Pham pain annulled or amended in accordance with the provisions of the Constitution
Article (143) The Law of the State Administration for the transitional period and supplement when a new government, with the exception stated in paragraph (a) of Article (53) and (58) thereof
Article (144) This Constitution shall take effect after approval by the people in a general referendum and publication in the Official Gazette and the formation of the government under which
Sixth, a law was passed the Supreme Judicial Council No. 112 of 2012, published in the Iraqi Gazette number 4266 in 4 / February / 2013 consisting of 12 articles under which was a new head of the judiciary instead of Mr.
(Medhat al-Mahmoud), which provided for the following:
Article - 1 -
First - the Supreme Judicial Council is the supreme administrative body was entrusted with the administration and judicial Alheiat be based in Baghdad.
Secondly - the Council's legal personality and financial and administrative independence and is represented by the President or his designee of the members of the Board
Article -2 - Supreme Judicial Council consists of: -
First - the Federal Cassation Court Chairman - Chairman
Secondly - Vice-Presidents of the Court of Cassation - the members of the
Thirdly - the chief prosecutor - member
Fourthly - Prime judicial oversight board - member
Fifth - the heads of the courts of appeal - the members of the
VI - Directors-General of the judges in the Council - members
Rule - 3 - The Council of the following tasks:
First: - supervision of the judiciary and the administration of the federal judiciary.
Second: - proposing the annual budget for the federal judiciary, administration and supervision of the implementation after presenting it to parliament for approval.
Thirdly - the nomination of the President and Vice President and members of the Federal Cassation Court, the chief prosecutor and his deputy, and the Federal President of the board of the Federal judicial supervision.
Fourthly - nominate qualified for appointment to the post of President of the Federal Court of Appeal.
Fifthly - nominate qualified for appointment of judges and public prosecutors in accordance with the laws in force.
VI - upgrade and upgrade, transfer and assignment of the secondments of judges and public prosecutors in federal courts and administration of all functional and according to the law.
Seventh - extension of service of judges and public prosecutors and bring them to retire in accordance with the law due to the completion of legal age or certified the inability to service performance report issued by the medical committee has gained a competent official class final.
VIII - the formation of Alheiat and judicial commissions in the federal courts.
IX - the appointment and management of staff in the presidency of the Council in all federal courts and in the Federal Prosecutor's Office and the board of the Federal Judicial Supervision and bring them to retire in accordance with the law.
X. - Create and own and manage buildings federal courts and prosecution services and the board of the federal judicial supervision of the Federal.
Eleventh - to propose laws relating to the affairs of the judiciary and judicial follow-up implementation of the agreements.
Article - 4 - President of the Council to authorize some of the duties stipulated in Article (3) of this Act.
Article - 5 - The Board shall meet at the invitation of his boss once at least in every month, and the quorum session attended by the majority of members and the number of decisions are taken by majority vote of those present, if a tie vote, which is likely to side with the President of the Council.
Article - 6 - first - elected by the Council at the beginning of each year to a tripartite committee from among its members to consider the following matters: -
A - lawsuits filed by judges and public prosecutors for their career.
B - functional irregularities attributed to judges and public prosecutors in the federal courts and the imposition of penalties stipulated in the Judicial Organization Law No.
(160) of 1979 and the Public Prosecutor's Act No. 159 of 1979 or any laws take their place.
Second - The decision of the Tripartite Commission may be appealed before the body was expanded in the Civil Federal Court of Cassation within thirty days from the date of Althblg it and its decision shall be prohibited.
Article - 7 - the Secretary General of the Council of the rank of a judge of the second class at least assume administrative functions of the Council and supported by a sufficient number of employees.
Article - 8 - The formations of the Council and its functions bylaws issued by the Council.
Article - 9 - solves the Supreme Judicial Council formed pursuant to the provisions of this law replaced the Judicial Council formed by order of the Coalition Provisional Authority dissolved No. (35) for the year 2003, and the Supreme Judicial Council formed under Article (forty-fifth) of the Law of Administration for the State of Iraq for the Transitional Period and move his rights and obligations consequences of his Oalih.
Article -10 - President of the Supreme Judicial Council issued instructions to facilitate the implementation of the provisions of this law.
Article -11 - canceled CPA Order No. dissolved (35) for the year 2003
Article - 12 - This law shall be from the date of its publication in the Official Gazette.
Reasons
Pursuant to the provisions of articles (90 and 91) of the Constitution for the purpose of the formation of the Supreme Judicial Council to suit the developments in the field of constitutional, legal and judicial system in Iraq, and to enable the Supreme Judicial Council of the administration of justice, supervision and guarantee of independence initiated this law
Seventh, have been challenged by law the Supreme Judicial Council No. 112 for the year 2012 before the Federal Supreme Court by the President of the State of Law bloc of parliamentary and the court issued its decision number 87 / federal / media / 2013 09.16.2013 majority, which included the unconstitutionality of Law No. 112 of 2012 the law of the Supreme Judicial Council Baadhahaa that was given the presidency of the Supreme Judicial Council to the President of the Federal Court invoked the law states for the transitional period in 2004, citing Article 45 of it so by invoking Article 130 of the Constitution of the Republic of Iraq in force for 2005.
Sayyed God bless you outlined your points above in order to clarify the truth, where is going on in the mind through access to laws, orders and instructions issued mentioned in the above that Mr. (Medhat al-Mahmoud), Chairman of the Federal Court had violated the Constitution and the laws under his chairmanship of the Supreme Judicial Council and for the following reasons:
1 The State Administration Law for the transitional period became law void under the provisions of the Constitution, which was unanimously voted by the people and the dissemination of the Official Gazette (facts of Iraq) number 4012 on 28/12/2005 under Article 143, which stipulates repealed the State Administration Law for the transitional period and when the supplement the new government, with the exception stated in paragraph (a) of Article (53) and (58) thereof as well as under Article Article III / c of the State Administration Law for the transitional period, which stipulates the following (expires entry into force of this law, when the formation of an elected government under a permanent constitution) In Chapter IX of the State Administration Law for the transitional phase (phase post-transitional) Article Sixty-second, which stipulates (( This remains the law in force until the issuance of a permanent constitution and the formation of the new Iraqi government which . ))
And where can not rely on Article 130 of the Constitution, according to a to clarify the decision of the Federal Supreme Court, which stipulates Legislation remains in effect Pham pain annulled or amended in accordance with the provisions of the Constitution because the law of the State for the transitional period has been canceled under Article 143 of the Constitution.
2 that the abolition of the law of the state for the transitional period under the provisions of Article 143 of the Constitution and on the basis of Article 130 of the Constitution, which stipulates Legislation remains in effect unless annulled or amended in accordance with the provisions of the Constitution is clear evidence of validity and activate it 35 for the year 2003, under which was established Supreme Judicial Council which came in membership that consists of the Supreme Judicial Council by the President of the Court of Cassation (Chairman of the Board) and the entry into force and the activation of a memorandum of authority damage Provisional No. 12 of 2004 management independent judicial system by which separation of the judiciary in full by the Ministry of Justice in terms of budget and staffing, real estate and related activities management the judiciary, which did not Tgheian or Amend yet in any legal text.
3 issuance of Order No. 30 of 2005 Law (Federal Supreme Court) published in the Official Gazette number 3996 on 17/3/2005 based on "to the provisions of Article forty-fourth session of the State Administration Law for the Iraqi transitional phase and the second section of the appendix ( repealed) under the provisions of Article 143 of the Constitution of the Republic of Iraq in 2005, voted by the people, and publication in the Official Gazette number 4012 on 28/12/2005.