Opinion - Fair and strong and independent judiciary 7/28
Fair and strong and independent judiciary
Tuesday, July 28, 2015 09:29
By - Ahmed Mohammed al-Abadi
Do not deny the role of the Supreme Judicial Council in the battle now being waged to preserve the independence of the judiciary in the stage is the most dangerous and the most difficult in the history of Iraq from both the political and security since the founding of the Iraqi state to now and forgotten
Blood of the martyrs of the well-known judges Baadalthm, courage and neutrality in decision-making and at the same time to Andei that the judiciary reached a perfect score does not deny the existence of corrupt and outsiders on the judiciary and there Aasalehon that judges occupy the position of a simple function as well as the function of the judge and Hola do not represent the judiciary and in the interest of the country that Anamam and we hope for the better and dream and we are working to be the Iraqi judiciary is the best among the Arab World countries and we have the ingredients adequate and each foregoing and because of our sense of the importance of the judiciary in the lives of the people and the stability of the country so ask What we're saying appropriate for the development of judicial work and reduce the lapses that you get from this judge or that.
The judge is the only resort after God, the first responsible for the achievement of justice among the people and give everyone his right and Echtsam in front of the oppressor and the oppressed and the ruler and the ruled and the rich and the poor, and large and small and ignorant and wise, therefore Muslims top were afraid and they are away from their jobs as judges and invoke all means and ways of relieving them of this Ktiroicolon position (Crown elimination of slaughter without the knife).
And the work of a judge is very dangerous. It introduces all the social details of life for people starting from the entry in the problems and marital enters into detail even up to what is happening in the marital bed and filial and inheritance, as well as serving the people in disputes over property, debt and contracts and buying and selling and serving between adversaries in the criminal murder / theft / fraud / forgery etc ...
Echtsam in front of him and the politicians and the executive branch and requires no difference between them and the President and the Prime Minister and the Ministers simple and employee and raises oppression and injustice for the citizen and the oppressed brief, the work of the judge enters into every corner of life.
Imagine dear reader what Lucan judge who bears all these dangerous tasks (Garadl or weak or non-independent and is biased to the party to which he belongs and ruled in favor of)
People ask the judge to be fair and strong and independent without giving him the elements of these qualities we have wronged the judge and asked him something he can not achieve.
In order to achieve our judge (justice and courage and independence in decision-making) must achieve a viable these qualities.
What are the means of strengthening the elements of justice, courage and independence to the judge in the decision?
Of the Constitutional
First: the activation of articles 87 and 88 of the Iraqi Constitution and that there is a political will of all the political blocs to make the Iraqi judiciary is a red line and has no right to any political party, even with permission from the Nile and be held accountable and shall be referred to the courts anyone who violates it.
Secondly - at the abolition of the latter part of Article 91 / II of the Constitution and the special powers of the Supreme Judicial Council, which provides for (the nomination of president and members of the Court of Cassation and federal chief prosecutor and head of the judicial oversight body and presented to the House of Representatives to approve the appointment).
This constitutional provision came Massa independence of the judiciary and intervention work and restricted to the role of the Supreme Judicial Council by giving him the freedom to choose the members of the Court of Cassation and the chief prosecutor and judicial supervision because the Council is to know *** who is suitable and is not suitable for occupancy of these sites because each one than these judges has a long history in judicial work and does not have a resident of this service only the Supreme Judicial Council (the people of Mecca know the twists)
And that give the right to approve the appointment of the House of Representatives will be selected on the basis of political loyalty or sectarian or personal interests and not on the basis of efficiency and become the Iraqi judiciary is subject to political blocks powerful and easy intervention in the work of the judiciary and marginalize the Supreme Judicial Dorcil.
On the other hand suggest that the decision Mayati Gentlemen: -
First - the sacking of each judge known for his lack of fair decision-making reasons sectarian or ethnic or political (if any) because the old short history of Aarahm.
Secondly - urged the Heads of regions of Appeal on not to make transportation a penalty for judge such as transferring the investigative judge of legitimacy or the court of first instance or vice versa or moved to a remote area and leave the judge the authority Altmiazaand Court makes a decision believed to be the wrong decision and the board of judicial supervision when he makes act is disproportionate to his profession or an Law Resul judge because he is a human being and not an angel, the owner of the family is afraid and ready to sacrifice his job when his family is at risk due to transportation decision.
This is the part of the other hand, some judges finds himself in the box and innovate when it operates in the investigation courts or felonies, some of whom finds himself in the personal status and another keen to work the Court of first instance and that the transfer from one major to another will affect his mental and reduces creativity because it works specialization to Aihbh and will return Most of the decisions of the Court of Cassation Mnicodah and will be reflected on the people because of the delay the resolution of lawsuits.
Thirdly - to provide protection for judges and their families and be protection similar judge to protect the governor or a member of the provincial council in terms of numbers, equipment and be cars traveling in armored because the country is losing a lot when exposed life judge in danger because he wealth of the country and came to this site to study and practice of not less than nine years, while conservative appointed by the stroke of a pen of the political blocs with pride everyone and everyone knows that the officers in the security services have protections and armored cars and the judge lacks so they work under his supervision.
I am confident if given the political and popular will and Tzafart benevolent efforts to achieve Maaherna him a thing is not difficult and it is easy to achieve will see his move to the judicial work is unprecedented because the judges have all the scientific and personal and national ingredients to elevate the judicial work in Iraq.