Eliminating explains why the implementation of the amnesty law before it was published in the Official Gazette
09.20.2016 11:32
[Oan- Baghdad]
issued a Supreme Judicial Council, an explanation as to why its implementation of the amnesty law by publication in the official newspaper facts.
A spokesman for the federal judiciary Judge Abdul Sattar Bayraktar said in a statement received by all of Iraq [where] a copy of it, that " the Amnesty Law No. 27 of 2016 stipulates that implemented from the date of approval of the House of Representatives on 25.8.2016."
He added, that "Article 129 of the Constitution stipulates that laws shall be published in the official Gazette and worked from the date of publication unless the law provides otherwise , " noting that " the amnesty law stipulates that the law is implemented from the date of approval in the 25/08/2016 . "
He pointed Birqadr to, that" Article 14 of the General Amnesty law referred to states that does not work any provision inconsistent with the provisions of this law. "
He continued that" Article 15 of the law stipulates [the Supreme Judicial Council to issue instructions to facilitate the implementation of this law] "stressing that" this means that the Supreme Judicial Council has carried out the constitutional obligation and legal contained in articles 129 of the Constitution and 15 of the Act. "
He noted Birqadr to, that" the lack of issuing instructions of the Supreme Judicial Council on enforcement of the law means a breach of constitutional and legal obligation. "
the project has been approved the first amendment to the law of the amnesty law and submitted it to the House of Representatives based on the provisions of articles 61 item first and 80 the second clause of the Constitution. "
the House of Representatives passed the approval of the draft general amnesty law in 25 of last August's controversial after a dispute for years Accordingly, especially paragraph relating to the accused terrorist, where the law pointed to the formation of a judicial committee would be responsible for considering the extent of the possibility of re - trial of the accused to Article 4 / terrorism or not, not at the request of the accused himself.
for his part , criticized Prime Minister Haider al - Abadi, parliament make amendments to the law, especially materials related to terrorism and kidnappings.
and endorsed President Fuad Masum, on the first of September of this law, but the Council of Ministers feet on the sixth of the month an amendment in which the House of Representatives with the exception of terrorism and kidnappings in the general amnesty, announced the legal Committee of the parliamentary delivered parliament for amendment.
the legal expert Ttarq war , said he "can not rely on the approval of the parliament to vote on the ratification of the presidency of what was approved by parliament as the basis for the inclusion of a pardon because he must be at the inclusion of amnesty that determines the number of law pardons and this gives him the Ministry of Justice when you publish an amnesty in the official gazette and not to parliament and the presidency to determine number of the amnesty law. "
He said the war" that as the courts and the competent authorities when they decide to include a case for clemency will no doubt remember the number of the amnesty law , and this (fear) figure is from the Department of publication in the official Gazette as it can not be inclusive to pardon a vote of parliament or the presidency of the authentication Republic, but it must be mentioned No. amnesty law. "
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