Gaps "general amnesty" opens the door for the release of .terrorism/financial corrupt
Gaps "general amnesty" opens the door for the release of those involved crimes of terrorism and financial corruption
09/19/2016 (18:01 pm) - The number of readings: 2817 -
BAGHDAD / Amin Abdul Hadi
After less than a month to pass a law "general amnesty" controversial, unfolding scenes political deals that led to the adoption of legislation that opens the door wide for the release of terrorists and those involved crimes of financial and administrative corruption.
According to preliminary drafts of the law, "general amnesty" that exchanged three authorities since early 2015, and seen by the (range) recently, the legislature, or some of the political blocs, the empty legislation of its content, and neglected the observations made by the Judicial Council on the project made by the Council of Ministers.
The fleeting glance, the observer discovers how parliament doubled the number of items a draft amnesty law, by the compromises that concluded the blocks between them, out copy-endorsed and are doing their own interests.
While the included version, presented by the Council of Ministers dated 04.03.2015, 8 items only, but the number of items has risen to 16 in the version approved by the Parliament on August 25, 2016. This is what reveals the size of the manipulation that Aqahmth political compromises on the front of the law drafts, which it was more accurate in dealing with terrorism offenses, and financial and administrative corruption.
Extras parliament only technically were not limited, but beyond it to the technical and legal in order to include a "general amnesty" measures the largest possible number of detainees and convicts. Irregularities and concentrated on Article IV of the law that prevented a duplicate of the Council of Representatives.
While the government characterized Version reasonable degree of reservation, commensurate with the higher interests of the country, it has been characterized by the parliamentary version of a lot of leniency, according to observers.
Has been to circumvent the exception resources from the amnesty, which amounted to 13 paragraph, the amendments made by Parliament Council away from the government version, and proposals that attach the Supreme Judicial Council it on 18/3 / 2015, he restored the Judicial Council with suggestions and reservations to copy that and relate to of the House of Representatives 08.17.2016, holding for which a joint session with the House Speaker Salim al-Jubouri.
While purposely government version with the exception of the crimes contained in the legal (anti-terrorism) and (sanctions) own internal and external security state, the copy Parliament deliberately tolerated in these cases, and merely signals elastic and mysterious to in Article (4 / II).
It is noted that the parliament lifted the item contained in the government version of the amnesty, which excludes (offenses against statutory bodies), stipulated by the Penal Code.
And gives the parliament, according to the latest edition of the Amnesty Law, involved kidnapping crimes is entitled to "amnesty" in the absence of cause of this crime to death or disability sustained or trance, contrary to the government version, and amendments to the Judicial Council, which kidnappings excludes absolutely from the "general amnesty" .
The government version provides in Article (3 / VIII) for an exception (the smuggling of prisoners and those arrested and accommodation) to enjoy the amnesty, Parliament stipulated that amendments should not be convicted or accused (spouse or close to the first division).
Such a paragraph that opens the door wide to cover up the criminals and terrorists, and facilitate drop them from prosecution, and helping to destabilize the internal security if the relatives of criminals and terrorists, helped to drop them from the law. Parliamentary amendments also raised paragraph (Article 3 / IX), the government draft, which states that excluded from the general pardon (crimes of a public danger) stipulated in the Penal Code.
And reflected the seriousness of the manipulation of the government draft of the amnesty law in Article (3 / eleventh), which states that the Excluded from the amnesty (bribery, embezzlement, and theft of state funds and theft associated with state crimes). This paragraph has become in a copy of Parliament (3 / X), as follows: (embezzlement and theft of state funds, and deliberately wasting public money, unless they repaid his trust of money before being released).
Comparing simple reader discovers that the parliament included bribery crimes amnesty, unlike the government version, it is also to make way for the perpetrators of crimes of financial and administrative corruption measures for the enjoyment of the amnesty clause repay discharged state.
And granted parliamentary amendments involved forgery offenses (official documents) has the right to pardon a condition not to exploit it to get the post of general manager and above.
The present article, a copy of which deserted the government, the amendments eliminated, judicial precedent for an amnesty for the crime of forgery, even if this led to get less than the director general positions.
Although the amnesty excludes smuggling imprisoned crimes (4 / VI) in the parliamentary version, drug trafficking (4 / VIII), and smuggling of antiquities (4 / eleventh), and counterfeiting of cash and securities official and editors (4 / thirteenth), but the article ( 6 / IX) of the parliamentary version gives convicts the right of these crimes retrial, also has the right to pay cash allowance of what is left of his sentence, if he had spent a third of them actually, contrary to the government version and amendments to the judiciary.
In (Article 10) granting the parliament members of terrorist organizations the right to a general amnesty if "the victim is a personal right of foreign occupying forces until 2011, not to be convicted of a crime Iraqis killed).
This article constitutes the intersection between the Liberal bloc, of the Sadrist movement claim a point, the Union forces. While the first bloc insisted on the inclusion of what it calls the "resisters occupation" of its supporters measures pardon, strong union refused to set a condition of affiliation "resistant" to one of the terrorist organizations, which opens the door for belonging to terrorist organizations participated in the destabilization before 2011.
While the government states that the version is the entry into force of the amnesty law, starting from the date of its publication in the Official Gazette, provided a copy of Parliament (Article 16) that the entry into force of the law be from the date of approval in the House of Representatives on 25 August / 2016.