Federal material disruption in the Customs Act for opposing the Constitution

2016/6/15 11:49

[Oan- Baghdad]

The Federal Supreme Court ruled unconstitutional article [176 / I] of the Customs Act No. 23 of 1984, the conflict with the provisions of the Iraqi Constitution.

The spokesman for the judiciary Judge Abdul Sattar Bayraktar, said in a statement received by all Iraq [where] a copy of it, "The Supreme Federal Court considered the appeal filed by the deputy public prosecutor in the court of inquiry integrity issues in Basra, the unconstitutionality of Article [176 / first of customs law. "

He added that "this article gives customs officers the authority of members of the judicial police in the limits of their job, and prevent the assignment of customs officers on the courts because of the exercise of their functions except with the permission of the minister."

He said Bayraktar, that "the court found in that article restriction on the validity of the judiciary in the trial of the accused in the case of committing a crime while performing his job," pointing out that it interferes with "the first paragraph in Article 19 of the Constitution which states that the judiciary is independent and their rulings according to law, sixth paragraph of the same article, which states that everyone has the right to be treated fairly in the judicial proceedings. "

It was to be "contested by the article also incompatible with Article 47 of the Constitution which provides for the principle of separation of the judiciary, especially in the areas the authorities, as the judiciary provides guarantees for the accused to a fair trial."

He pointed out, "the legislator has taken the same direction through the elimination of Paragraph B of Article 136 of the Code of Criminal Procedure, which require the consent of the accused reference to referring it to trial in the case of committing a crime during or because of the performance of his duties, the law."