Legal memorandum and appeal Medhat al-Mahmoud usurper of power and impersonator 9/1
Legal memorandum and appeal .. Medhat al-Mahmoud usurper of power and impersonator recipe
9/1/2015 0 Comments
On behalf of the law that Tankmon him and has and through present to you the facts were not absent from you I do not think you do not realize gravity does not impact the integrity of the form of the state which Tmon for the presidency of the three powers, namely, that the fourth power of judicial Today violate and exploit the worst forms of exploitation contrary to the law and the Constitution, and that it is the leader of this power today does not have a no mandate constitutionally nor legally or exponential support is not customary not necessary true with the word impersonator recipe does not intervene in the functional competence, but also Ghaseb function select the law and the Constitution constitutes a clear and explicit from formally occupied by the head of the Court of Cassation federal exclusively. Mr. Medhat al-Mahmoud was appointed head of the Federal Court, which has set up under the authority and guardianship of the Iraqi State Administration Law Under Administrative Decision No. 30 of 2005 Act (Federal Supreme Court) published in the Official Gazette number 3996 on 03.17.2005, and under this resolution Court formed was appointed function exclusively and specifically on the form according to the following text (the Federal Supreme Court shall consist of a chairman and eight members being appointed the Presidential Council on the nomination of the Supreme Judicial Council in consultation with the Judicial Councils of the regions according to what is provided for in paragraph e of Article (forty-fourth) of
the Iraqi State Administration Law for the transitional period.) This means that the Supreme Judicial Council should be earlier composition of the Federal Court and Juba, which is responsible for the nomination of its members exclusively and specifically.
also constitute a Supreme Judicial Council in accordance with the same previous mechanism whereby civil administrator in Iraq, issued a legislative as it No. 35 on 09.18.2003, under which was established Judicial Council, which is composed as follows in section The second of it (organic) (1 Council consists of the following members of the President of the Court of Cassation(Chairman of the Board) Vice-Presidents of the Court of Cassation Chairman of the Council of State Chief Prosecutor Head of the Judicial Supervision Director General of the Administrative Department if the judges or public prosecutors the heads of the courts of appeal). Hence Under this text becomes the head of the Court of Cassation federal exclusively and specifically President of the Judicial Council.
issued Constitution of the Republic of Iraq in 2005 a comprehensive organizer of all the laws passed before him and published in the Official Gazette (Official Gazette) number 4012 on 28/12/2005 and formed of six sections and 144 items singled out the ones in Title III Chapter III of the judiciary Article (87) Article (89) of the Federal judiciary consists of the Supreme Judicial Council, the Supreme Federal Court, the Federal Cassation Court, the Prosecutor's Office, the Judiciary oversight, and the courts other federal governing according to law, has the constitution of special materials devoted to the Judicial Council and civil formations also singled out especially the Federal Court the provisions and competence and how it is set exclusively and specifically as follows:.
First: The Federal Supreme Court is an independent judicial body, financially and administratively
Second: Federal Court consists Graduate of a number of judges and experts in Islamic jurisprudence and legal scholars determines the number and manner of selection and work of the Court law passed by two-thirds of the members of the House of Representatives by a majority.
As entrusted the task of constitution formation of the Supreme Judicial Council bodies, formations enactment of the law as stated Article (89)
of the Federal judiciary is composed of the Board Top of the judiciary, the Supreme Federal Court, the Federal Cassation Court, the Prosecutor's Office, the Judiciary Inspection Department and other federal courts that are regulated in accordance with the law.
In the absence of legislation law regulating the work of the Federal Court so far, as that Law No. 112 of 2008, which was undone by a decision of the Court Federal Supreme (Federal Court decision No. 87 / federal / media / 2013 on 09/16/2013, which included the unconstitutionality of the Supreme Judicial Council Law No. 112 for the year 2012 and that the decision has been issued by majority) is no longer effective legislation can be invoked him and subject to the provisions of the Constitution in force what the provisions of the regulation of the judiciary and the Federal Court is still subject to the same administrative orders that have arisen whereby,
Article 130 of the Constitution (the applicable legislation in force remain unless annulled or amended in accordance with the provisions of the Constitution).
Article (143) repealed the State Administration Law for the transitional period and supplement when the the new government with the exception stated in paragraph (a) of Article (53) and Article (58) thereof, which is mentioned in the above, which provides exclusively and specifically.
• President of the Judicial Council is the President of the Court of Cassation federal.
• President of the Federal Court in the judiciary member nominated by it and does not have to be president of the judiciary at all to determine contained in the above.
• the presence of Mr. Medhat al-Mahmoud at the head of the judiciary today void in law and contrary to the Constitution and the laws in force and orders administrative CPA window and thus its survival is not guaranteed to him from the law, and should be on the President of the Republic specifically as a guarantor of the Constitution to correct the legal status is no room for silence him or it otherwise is is also exhausted to the Constitution.
Mr. Medhat al-Mahmoud when he was appointed President of the Court to a federal general in 2003 was appointed in violation of Iraqi law in force at the time and was a member of the Court of Cassation and is subject to the provisions of the service, which requires Committed members and Aias Court Altaatmez to retire when they reach the poison 98 inevitably, specifically, and when he was appointed the age of 72 years and is out of the age of the Judicial Service is fit to law, and in terms of the foundation was appointed as a judge and as President of the Federal Court had violated force Iraqi law, all that resulted in the appointment is invalid and does not benefit originally convened, and thus presence of basically non-existent law in addition to the disposal of its impersonated the recipe head of the judiciary without support is not illegal nor unconstitutional.
Mr. President of the Republic esteemed Dr. Fuad Hussein infallible oldest memoranda this did not wish referred to legal and Jurists experts and professors of constitutional law to learn how violates the judiciary and rides for personal purposes, and carry you in my capacity as a citizen of constitutional, legal and moral responsibility for the silence on this excess and abuse and in accordance with the specific constitution of your responsibility in accordance with Article (67) and keep full human rights to you and to Mr. Medhat al-Mahmoud.
Mr. Chairman of the Council of Ministers, Dr. Haider Abadi accordance with its constitutional your responsibilities and pursuant to the provisions Article(78): The Prime Minister is the direct executive responsible for the general policy of the state, I appeal to correct the constitutional and legal situation and the isolation of the post of President of the Federal Court for the post of the Supreme Judicial Council as from within the executive's your responsibility for drawing up and systematize the general state policy and career your specialty exclusively, , otherwise bear the full constitutional, legal and moral responsibility Otherwise this is remiss in not correct an executive position and not a legislative Among other things, the concept of public policy of the State contain.
Mr. Chairman esteemed House of Representatives Dr. Salim al-Jubouri, your capacity as head of the legislative authority and that of its competence as the provisions of Article (61) Fifth: Approving the appointments of:
a president and members of the Federal Cassation Court and the chief prosecutor and the head of the Judiciary Inspection Department by absolute majority, based on the proposal of the Supreme Judicial Council.
it would be your right here and based on the right to approve the appointment of the President of the Court of Cassation and federal under the laws be This right has been on the approval of the appointment of the Chairman of the Supreme Judicial Council, pending the enactment of a special law to the judiciary instead of Law No. 112 for the year 2008 Almnicod, Vtkonon thus obliged to Tsahhawwa duty and Manmam Court of Cassation, the federal head who Mnhtamoh approval of the performance of the legal and constitutional duties, and you can also view this report your experts on legal and judicial authorities, lawyers and academics to demonstrate the constitutional your right to install the reality of lawmaker and purview of the House of Representatives, otherwise this will be a silent part of the description is not worthy of the people who elected him a guard and an outlet to his will, which is the source of authority and the source of legitimacy.