Based on what passed the House of Representatives and approved by the President of the Republic and based on "the provisions of subsection (I) of Article (61) and item (iii) of Article 73 of the Constitution
Issued the following law:
No. () for the year 2015 Martyrs Foundation Law
chapter One Definitions Article 1 The following terms for the purposes of this Act the meanings indicated opposite thereto:
First: - Martyr: is all of: A - Iraqi citizens or any other person resident in Iraq sacrificed his life or lost directly as a result of the commission of the defunct Baath party any of his crimes, including the death penalty or imprisonment, torture or Ntejthma or genocide or chemical or crimes against humanity or physical liquidations or forced or displacement weapons of or found buried in mass or a fugitive from military service graves; and because of his opposition to the system of opinion or belief or political affiliation or sympathy with opponents or assist them. (B) the Iraqi citizen who gave his life as a result met to call home and religious reference upper and participation in the popular crowd and all the factions and armed brigades and the sons of the tribes and Awakening registered in the form of the popular crowd of 06.11.2014 are subject to the provisions of this law in respect of all rights and privileges. C. Iraqi citizen of the Peshmerga forces or belonged to it from those who fought (Daash terrorist organization) subject to the provisions of the Ministry of Martyrs and Anfal in respect of all the rights and privileges Law Second - those with the martyr: - A. parents and children. (B) the husband and wives if they were non-Iraqi T - brothers and sisters. W - the children of the Son and of the children of the girl
Chapter II - Incorporation and goals, Syriacs Article 2 - A commission named (Martyrs Foundation) attached to the Council of Ministers and enjoys moral personality represented by President of the Foundation or his nominee and be based in the city of Baghdad Article 3 - This law is aimed at the following: - First - provide care and support to the families of the martyrs and compensate them financially and morally commensurate with the sacrifices of the martyrs and their families and achieve economic and social well-being for them. Second, provide employment opportunities and appropriate study of the families of the martyrs and in proportion to their efficiency and give them priority in them. Thirdly - to provide programs and facilities and assistance to the families of the martyrs in the legal, economic, social, financial, health, educational, cultural and other fields. Fourthly glorification of martyrdom and sacrifice and redemption values in society through the following: - The establishment of a cultural, artistic and media events. B memorials, museums, naming public facilities of the state of their names. C oblige all ministries and departments affiliated institutions and bodies and non-related to the Ministry to issue instructions to facilitate the procedures and transactions of people with martyrs Fifthly highlight the sacrifices of the martyrs and the suffering of their families and expose violations and crimes committed against them through a variety of activities and events. Sixth definition of national, regional and international bodies sacrifices made by the martyrs and the injustice done to them and their families and the issuance of a decision of the UN to criminalize the Baath Party. Seventh - enterprise resource development investment to be revenue of the institution itself for the purpose of providing assistance and facilities for the families of the martyrs. Article 4 - The provisions of this law shall apply to the following cases: First: - cases of martyrdom for the period from 02/08/1963 until 18/11/1963 with the exception of the executed for crimes unrelated to the killing of opposition to the former Baath Party. Second: - The cases of martyrdom for the period from 07/17/1968 until 04/08/2003. Third: - cases of martyrdom for the participants in the popular crowd of 06/11/2014 As stated in the first article (b). Fourth: - the provisions of this Act shall apply to the cases cited by the popular crowd and the Peshmerga from the date of 06.11.2014. Article 5 - First -No longer covered by the provisions of this law of his death was due to internal qualifiers partisan or authoritarian or personal differences for those who had worked with the defunct Baath Party in the organs of repression (public security, intelligence, private security, the special protections, national security, military security, Fedayeen Saddam , military intelligence and other repressive formations) or helpful to them or covered by the accountability and justice law. Second, not one of the families of the martyrs for the purposes of this law, all of the work with the repressive organs of the Baath Party of the former (public security, intelligence, private security, the special protections, national security, military security, Fedayeen Saddam, military intelligence and other repressive formations) or terrorist gangs the name of any other terrorist or helpful to them or was the cause of the death of the martyr or covered by the law of accountability and justice and anti-terrorism law. Thirdly prove the fact of the certificate covered by the provisions of this law official documents in the case do not exist so they can be recognized in ways other legal evidence before the committee to consider the families of the martyrs requests or courts of first instance in accordance with the provisions of Article (9) of the Act. Fourth: - The families of the martyrs of children and minors detainees and prisoners with their families or because of the martyrs by virtue of political prisoner. Chapter III - President of the Foundation Article 6 - first President of the Foundation: - Top is President of the Foundation and is responsible for management and implementation of its policies, functions and have a private degree and shall be appointed in accordance with the law and may authorize some of his duties to his deputy, or any of the directors-general. Second Vice President of the Foundation for the rank of director general is appointed according to the law and to replace the President in his absence Chapter IV - Administrative formations Article 7 - Foundation consist of the following: - First - Office of Inspector General and the exercise of its functions in accordance with law. Secondly - the Department of the martyrs of the victims of crimes of the Baath Party. Thirdly - the Department of the martyrs of the popular crowd. IV circle martyrs of the victims of military operations. V - Administrative and Financial Department. Sixth - the legal department. Seventh - the Department of the economy, investment and funds management institution and enjoys legal personality and financial and administrative independence. Eighth - Affairs Department and the protection of mass graves. IX - the Department of Public Relations and Media and documenting the crimes of the Baath Party. X. - control and audit department. Eleventh Contracts Section. Twelfth institution branches in the provinces and territories level Directorate includes sections circuits mentioned in items (ii) and (iii) and (iv) of this article. Thirteenth - Office of the President of the Foundation.
Article 8 - first runs configurations set forth in items (ii) and (iii) and (iv) of Article (7) of this Law, an employee entitled year holds director of a college degree primarily in the least, and be experienced and competent shall be appointed in accordance with law. Second manages configurations set forth in items (v) and (vi) and (vii) of Article (7) of the Act entitled employee director holds a university degree in a preliminary least experienced and competent and connected to the Prime institution.
Chapter V - Commission to consider the families of the martyrs requests Article 9 - First: - form in the organization committees in Baghdad and the provinces called for each committee (Committee to consider the families of the martyrs requests) consists of: A judge of the families of the martyrs to be nominated by the Supreme Judicial Council and when it is not provided by the human rights of the families of martyrs and has experience of not less than five years ... president. With three representatives of the institution hold a university degree ... initial members. T representative of the board of the popular crowd ........................................... .edoa. Second: - The Committee shall consider the families of the martyrs requests within three months from the date of submission for the purpose of including them in the provisions of this law report. Third, the committees make their decisions by majority votes and equal likely side who voted with the President. Fourth: - the provisions of the Code of Civil Procedure No. committees apply (83) of 1969 and the Evidence Act No. 107 of 1979 and any amendments thereto and the law has to do its job to prove the certificate. Fifth: the right to those who rejected the appeal of the decision of the committees formed in accordance with item (i) of this article in front of the Committee within a maximum period (60) days from the date Althblg decision. Sixth: - A committee headed by a judge to challenge nominated by the Supreme Judicial Council and the membership of four of the institution's staff hold a university degree preliminary, task considering the appeals of those who refused their orders from the committee formed according to item (I) of this article. Seventh: - those who refused his request for the appeal committee of the problem according to item (vi) of this Article, the right of appeal against the decision to the Supreme Administrative Court after (60) days from the date Althblg the outcome of the appeal and the decision shall be prohibited. Eighth: - the committee is required according to item (I) of this Article to reconsider its decision and the decisions of the previous committees at the request of the President of the Foundation in the event of the availability of the facts and evidence about gripping supports the decision issued by the violation of the law. Ninth: - Any interested party may request reconsideration of the decisions made pursuant to the provisions of Law No. (3) of 2006 as amended and was contrary to the provisions of this law. Tenth: - withdraw the rights and privileges granted in accordance with the provisions of this Act shall be returned to the institution of balancing the right foot gripping forged or follow illegal means to establish the fact of martyrdom and being one of the families of the martyrs. Eleventh: - The Committees problem in paragraph (i) of this Article shall submit its decisions to the president of the Foundation for approval within a period of (30) thirty days from the date of issuance of the decision. Twelfth: - the work of special committees formed to continue in accordance with the Law No. (3) for the year 2006 while the rate of formation of committees set forth in this law.
Chapter VI - finance resource Article 10 - Financial resources of the Foundation consist of the following: - First: - the financial institution's budget, operational and investment, enjoy financial autonomy and is funded centrally from the Federal Public Treasury. Second: - The Foundation for cash and in-kind and other resources include the following: - (A) grants, donations and grants from inside and outside Iraq. B - investment projects of the Foundation revenues. Third: - set up a fund called (Martyrs Fund) and is funded by donations and government grants, donations and endowments to finance investment and social projects. Fourth: - obliges the Ministry of Finance to allocate for each particular segment of the slides provided for in the budget items (ii) and (iii) and (iv) and (viii) of Article (7) of the Act. Fifth: - Enterprise accounts are subject to control and audit the Office of Financial Supervision
Chapter VII - The provisions of the martyr Article 11 - First: - A. deserves those with the martyr, who was an associate of the government departments receive a pension equivalent to the salary and allowances peers ongoing on the job, according to the salary scale in force or any ladder or superseding law of the salary and allowances, given the time between the date of his arrest or assassinate him or the date of decision of the referee or the history of martyrdom and to achieve the highest amount of time that determined by the Committee and the date of entry into force of this law effective service for the purposes of the bonus, promotion, promotion and retirement. B - worth people with martyr is affiliated with the Chambers of the State pension equivalent to three times the minimum pension provided for in the Unified Retirement Law No. (9) for the year 2014 or any superseding law. T - is paid for with the martyr mentioned in paragraph (a) of item (i) of this Article top salary provided for in paragraphs (a and b) of this article. Secondly A- The covered by the provisions of this law combine maturity of the allocated pension in accordance with the provisions of this law and the career of his salary or pension or salary welfare or any pension share or any other salary for a period of (25) twenty-five years from the date of entry into force of Law No. (3) for the year 2006 average B - exchange pension lasts an exception to the provisions of subsection (II / a) for each of: 1 - the parents of the martyr and his wife. 2. Martyr children or brothers or sisters or children of the children of the son or daughter and by maturity with special needs. 3. Girls martyr sisters or daughters or son or daughter and daughters by maturity unmarried and non-employees and re-pension at the end of the marital relationship. T - in the off state pension exchange for those who deserve it for any reason a re-distribution of his pension evenly over the remaining two of them. W - covered by the provisions of this law, the right to choose between the top salary pension entitlement of the martyr and any salary last earned after the end of the period specified in paragraph (a) of the second clause of this article.
Article 12. - First: -In the event of the death of my father Martyr eligible bachelor transferred the rights and privileges granted to people with martyr to his brothers and sisters. Second :- If Martyr married more than one wife and each one of his wives and his children deserving of them have the same rights and privileges granted to one wife under the provisions of this law. Third: - The distribution of the pension to the beneficiaries of the provisions of this law and according to the following: - A-each of my father Martyr non-employees and non-employee martyr wife and unmarried receive a pension equivalent to two portions of the share of each one of the sons and daughters of the martyr. B - the wife of the martyr unmarried and has no children from him and my father are dead martyr distract her half the pension in accordance with the provisions of this law and the other half to the brothers and sisters of the martyr is distributed equally among them.
Article 13 - First - devoted to the wife of the martyr and his sons residential unit or piece of residential land with the allocation of a piece of residential land to the parents of the martyr in the case of allocation of a piece of land for those with martyr distract the appropriate real estate amount of the grant and as determined by the Council of Ministers granted a loan of real estate in the event of build. Second - those with the exception of the martyr when allocating a piece of land and the granting of the loan of the following: - A hometown and take into account the places of residence time allocation. (B) the decision of the Revolutionary Command Council (degenerate) No. (120) for the year 1982. C controls the Land Bank and the Bank of the fact that the housing segment-free. D there is more than one beneficiary in Sindh. C table submission and receipt.
Thirdly - in the case of the unwillingness of the martyr with the housing unit or a piece of land worth paying them at the prevailing market obliges the Ministry of Finance for payment on the fulfillment of mind debts or payable benefits, according to the data and the numbers provided by the institution. IV institution shall meet the loans received by covered by the provisions of this law from a bank (the housing fund and real estate) for those who received a piece of land from the date of entry into force of Law No. (3) for the year 2006 and for one time only.
Article 14- Material - It obliges the Ministry of Finance to allocate the necessary funds in the annual federal budget for the disbursement of the housing unit instead of real estate and grants to families of the martyrs, according to data available at the Martyrs Foundation.
Article 15. - First - the institution by direct implementation or contract for the construction of residential units covered by the provisions of this law based on his request and have him for free. Second: The Ministry of Construction and Housing and Municipalities and Public Works and the Ministry of Finance and the Secretariat of Baghdad, the provinces and municipalities to allocate plots of land in good places Foundation is building housing units and the creation of Trovernm of its buildings. Thirdly - the families of the martyrs priority in the allocation of land as well as for the construction of residential complexes them to other ministries, including the candidate lands to be used as an investment opportunity of the National Investment Commission.
Fourth - The Ministry of Finance is required to allocate the necessary funds to compensate the families of the martyrs for the purpose of establishing complexes and condominiums. Fifthly - obliges the Ministry of Planning to approve the establishment of residential complexes and other investment projects and projects within the investment plan for the Martyrs Foundation.
Article 16- Material - Enjoy the same family in case there is more than a martyr has the following rights: - First: - added proportion (50%) of fifty percent of the outstanding salary for those with proven Martyr and other financial privileges for each martyr. Second: - the allocation of housing units larger than (50%) fifty percent for every martyr of the total residential area of the unit that offers for people with one of the martyr or the allocation of housing units and by maturity In case of allocation of a piece of residential land must be an area larger be (50% ) fifty percent of all martyrs of the piece dedicated to the martyr space with one or more of the allocated piece of residential land and by maturity. Third: - in the case of non-receipt of my father martyr for a piece of land or a cash allowance or housing unit because of death goes right to the receipt brothers and sisters.
Article 17. Madh- First - and introduces a so-called Sam (Sam certificate) granted to people with martyr by the President of the Republic determines the shape and measurements and how to grant privileges and system within a maximum period of six months from the date of entry into force of this law, the recommendation of the institution. Second: - Any person who is abusive to the sanctity of the status of the martyrs and their sacrifices or deny the penalties provided for under the provisions of Article (372) of the Penal Code No. (111) of 1969, as amended. Third: - the legacy of the martyr exempt from inheritance tax provided for in the inheritance tax law No. (64) for the year 1985 (repealed) of the cases cited the incident during the force does not recover the inheritance tax amounts updated for these cases before the enforcement of this law. Fourth: - obliges ministries and departments not associated with the Ministry on the transfer subject to the provisions of this law mainly financial allocation, depending on experience and competence of the ministry, which wants to move it obliges the Ministry of Finance to conduct the deletion and development direct head of the ministry or the exposed side is associated with the Ministry of judicial provisions laid down in the provisions of Article ( 329) of the Iraqi Penal Law No. 111 of 1969, as amended, in the event of failing to implement the provisions of Item IV of this article. Fifth: - requiring all ministries and departments not associated with the Ministry to allocate not less than) 15%) fifteen percent of the grades segments families of the martyrs provided for in this law excludes families of the martyrs covered by the provisions of this law from the maximum age for recruitment and the Ministry of Finance implementation when staffing each year in preparation bind with the ministries to submit an annual revealed this to the Committee of Martyrs and victims and political prisoners in the House of Representatives. Sixth: - institution bears transport fares for those martyred in planes, trains and cars in the inside and outside of the Republic of Iraq, back and forth for the purpose of treatment or education. Seventh: - specialization ratio of not less than (10%) ten per cent of an exception to the conditions and specific instructions for admission to primary and graduate of the families of the martyrs, including at least one seat in each competence and be competitive on the seats among themselves and allocate the proportion of seats of study (10%) Ten percent of the martyrs of the popular crowd as follows: - A. graduate, missions, fellowships and scientific initiatives of the Ministry of Higher Education and Scientific Research, and other government agencies B initial university studies the morning and evening. T - Studies in the civil, military, judicial and security institutions in all ministries and government institutions. Eighth: - obliges the Ministry of Higher Education and Scientific Research, giving priority to those with the martyr in the case of the competition for one seat in each competence. Ninth: - obliges ministries and departments not associated with the Ministry to approve the granting of study leave for postgraduate studies covered by the provisions of this law. Tenth: - institution bears government and private studies by wages (50%) fifty percent at least covered by the provisions of this law of non-staff at the Ministry of Higher Education and Scientific Research, Science and Technology bear the ratio of (50%) fifty of the remainder of the wages covered tightly percent This law for government employees either studies of families of the martyrs Vtaathml their constituencies tuition fees. Eleventh: - relieved covered under the provisions of this law from the requirement age, the rate and service for admission to government and private institutions of primary and graduate studies inside and outside of the Republic of Iraq and regulations and instructions of the Ministry of Higher Education and Scientific Research of the conditions of admission in the primary and graduate studies for graduates of technical institutes and vocational education and have the right to check-in human studies. Twelfth: - Foundation for the initial development of programs and graduate studies outside Iraq in accordance with the regulations issued by the President of the Foundation. Thirteenth: - obliges the board of Hajj and Umrah allocation ratio (5%) five percent of Hajj seats annually institution and bear the proportion (50%) fifty percent at least of the costs of the pilgrimage and the percentage (5%) five percent for those with the martyrs of the popular crowd. Fourteenth: - obliges the Ministry of Education and Higher Education and Scientific Research to prepare a curriculum called the (Baath Party crimes) for the purpose of teaching at all academic levels. Fifteenth: - requiring all ministries and departments affiliated third parties and bodies and institutions linked to the Ministry and all the provinces showing the Baath Party of crimes during the events and mechanisms in coordination with the Martyrs Foundation. Sixteenth: - For covered by the provisions of this law, recipients of other certificate equal to or higher than appointed by the certificate after appointment right change career title according to testimony obtained an exception from the laws in force, taking into account Article 20 of the Civil Service Act No. 24 of 1960 amended . Seventeenth: - excludes families of the martyrs covered by this law from the requirement to stay abroad for a research doctorate from discreet international universities recognized by the Ministry of Higher Education and Scientific Research After earning a master's degree.
Chapter VIII - General provisions Article 18. Madh-First - with that of martyr for their rights under this law does not fall right to claim any other rights under the provisions of civil and criminal responsibility according to the law. Second: - exempt with Martyr treatment in the event of their achievement allocated to them or their designated building land real estate registration of the property in accordance with the provisions of this Act or waiver between them from taxes and duties stipulated in all laws. Third: - distributed prescribed in this law on the rights of eligible evenly. Fourth: - obliges the Ministry of Finance and all ministries and departments not associated with the Ministry regardless salaries accumulated martyr who was on the owners from the date of disconnection job where he worked includes the martyrs of the non-staff salaries accumulated similar to their counterparts of the martyrs staff and by age and educational attainment and years of martyrdom.
Article 19 - Material The institution is required to appoint families of the martyrs of exclusively covered by the provisions of this law.
Article 20 First: - the institution shall be exempted from duties and taxes and legal fees Second: - relieved covered under the provisions of this law of taxes and fees that have them as a result of the sale and purchase of land and the role exclusively if the buying and selling between the families of the martyrs and for one time. Third: - Associates of the Foundation shall be subject to the provisions of the Civil Service Act No. 24 of 1960 and the law of the angel number (25) of 1960 and the law of the discipline of state employees and the public sector No. (14) for the year 1991 and the Law on the Unified Retirement No. (9) for the year 2014 and the Law on salaries of state employees and the public sector No. (22) for the year 2008 or any other law to replace the above-mentioned laws above. Fourth: - Foundation staff treats the treatment to which the institution Fifth: - Staff members gives the organization a piece of residential land of an exception to the regulations and instructions of the Ministry of Construction and Housing, Municipalities and Public Works in this regard Sixth: the right of the employee with the martyr continue in service until reaching the age of eighteen and sixty years of age (68 years) exception of the provisions of the law Unified Pension No. (9) for the year 2014 or any superseding law regardless of their length of service. Seventh: - 1. If the martyr stood employee legal age for retirement before the enforcement of Law No. (3) for the year 2006 average is expended to his family all pensions earned by Martyr Koqranh revival under the Unified Retirement Law No. (9) for the year 2014 or any superseding law obliges the board of the national pension disbursement. 2. gives those with retired martyr who has been stopped his salary after or before cite all pensions under the Unified Retirement Law No. (9) for the year 2014 to be the calculation from the date of stopping the pension until the effective date of this law, taking into account the application of paragraph (a) of the item Second of Article 16 of this Law. 3. those with retired Martyr, which was forwarded to retire before reaching the legal age of retirement all functional Roatbh calculation to be forwarded from the date of retirement until he reaches the legal age for retirement is committed to the ministry where he worked, regardless Roatbh grants. Eighth: - obliges the Ministry of Health to give priority consideration to patient files from the families of the martyrs by medical committees and send them to the outside of the Republic of Iraq for medical treatment during a period not exceeding 30 days. Ninth: - excludes those with the martyr of non-Iraqis from their access to Iraqi nationality condition and have all the benefits and privileges under this law.
Article 21 - defines the functions of departments and sections set forth in this law and configurations and functions of these formations bylaws issued by the President of the Foundation.
Article 22 - with the martyr deprived of the privileges set forth in this law if it is proved that the incident got the news of the death of them or complicity, or in the event of proven accountability procedures and bringing them to justice.
Article 23 - of the head of the institution issuing instructions to facilitate the implementation of the provisions of this law.
Article 24 - repealed the Martyrs Foundation Law No. 3 of 2006 and the remaining instructions issued pursuant thereto, and not inconsistent with the provisions of this law until the window is replaced by a version or repealed.
Article 25 - An exception to the provisions of this Act shall be an angel of mass graves in the Department of the Ministry of Human rights officers from within the angel of the Martyrs Foundation. Article 26 - Given the choice between the members of the Board of care back to their former jobs or served similar functions to their career in other state institutions or retirement. Article 27 - of this law is implemented from the date of publication in the Official Gazette.
The reasons: To achieve justice in the granting of rights and privileges for the families of the martyrs of the former regime victims by raising the material and scientific level and the health, cultural and commensurate with the size of their sacrifices and the appreciation of the martyrs of the Mujahideen of the popular crowd in preserving the land and the sanctities of Iraq comprised the same rights and privileges granted to the martyrs of the former regime and honor and equitable to the martyrs of military operations Military and errors and terrorist operations For the purpose of the delivery of rights to their relatives.