♛ RED LILY ♛: Shabibi and CBI!

November 14, 2012, 1:41 pm
Abdul Hussein Shaaban

Mine, which has been non-Timed burst a sudden when issued arrest warrant against the central bank governor Dr Sinan Shabibi, since more than a year rumors about the existence of differences between Prime Minister Nuri al-Maliki and Dr. Shabibi, an apology latter to accept a request for loans to the government of $ five billion dollars. Perhaps an apology Shabibi back to the independence of the central bank and its own law. The rumored that the referral decision came as a result influenced by the exchange rate of the Iraqi dinar against the backdrop of mismanagement or corruption, noting that the Iraqi currency has not seen any dramatic changes since 2004 and so far, except for the recent period.

And frequency as well, which moved me a poles of the political process, that the decision to dismiss the right Shabibi he had taken a few months ago, and as a result mediations and interventions parties and personalities is a few were canceled or delayed implementation, and when he traveled Shabibi on an official visit to Japan issued an arrest warrant against him, especially since the topic came on the lips of some deputies in the parliament, in addition to addressing the media.

The issuance of the arrest warrant and withdrawing the hand of the job, and Shabibi outside Iraq, put more of a question about the timing that is often repeated as happened for Tareq al-Hashemi, Vice President of the Republic, on charges of terrorism and the right of a number of ministers and other officials, which gives the impression of targeting and premeditation Perhaps revenge. Perhaps that is reflected from the purpose and significance, especially when the charge is outside Iraq, does that mean referred not to return?

Regardless of the charge and the credibility or lack thereof, the defendants are accused of not returning to Iraq to face it, because they all "agree" which is surprising, that the judiciary is not independent, and it is politicized, and that the charge malicious, and conspired has been woven on some masterful rhythm to them, and the matter is repeated every time, while they did not Anpsoa word before. May include lists accusation in the future some Alsaktin today who are turning a blind eye about them or they got away from the spotlight, where the frequency that the Integrity Commission possession files more than 1000 personal official responsible accused of corruption, including 15 former ministers and a number of deputies and dozens of agents ministers and governors years.

Problem of the central bank is not about personality Shabibi independent, personal performance or professionalism or competence, but relate to the generality of the political process and the relations of the parties and the prevailing ways of thinking and legal awareness in general, especially among public office and political affairs or personal. There may be errors or omissions or even corruption occurred when the Central Bank, including governor, and not necessarily in bad faith, and may be poorly managed, even though bear legal responsibility, but the method of treatment should not be characterized defamation, abuse and sentencing even before the investigation of the case and even before it was decided whether it was worth going to court, which is the only body which has the right and the duty to consider such issues which it had received and presented to him.

In many cases, the case reached the media before it reaches the relevant and the media of course will affect the authority of the judiciary, because it may issue rulings before paying the case to the judiciary, according to the directions of government and compliance and coherent with what you want the executive branch sometimes. Will such a thing even though I went case to justice, to expose judges to psychological pressure, moral and informational may be distorted or ambiguous, will affect their decision and therefore would damage the principles of justice and the defendant is primarily, especially if innocent, and even if he was acquitted, the damage morale will be attached to him and his reputation. And getting the matter a step when media power, "Her Majesty", a powerful and influential, especially if they are negative, so feared by the judiciary, which would be a weak position, especially if he knows that behind the smear campaign, the official media and backed by the government.

Thus is the effect on the decision to eliminate pre-and limits its role and independence, and there are many examples in the present and the past, where I played the pressures and prejudices its negative role in influencing justice, especially if hair judge for fear of executive power, or a threat, was the assassination of a number of judges in Iraq and one of the causes of disruption of some of the provisions, as well as social Tdakhalath.

Perhaps talk about international standards for fair trial requires an independent judiciary, this latter is the true criterion of systems of democracy and respect for human rights, those that require free societies and individuals are able to monitor the integrity of the judiciary. According to Montesquieu and his book "The Spirit of the laws" Freedom is lacking that judiciary was not independent and separate from the legislative power (parliament), but if تماهت the judiciary with the executive branch or succumbed to it will be the judge either overwhelming or outlet for orders of gangs and tyrants are interfering in the affairs of the judiciary and the influence on its provisions.

I went Article 11 of the Universal Declaration of Human Rights to confirm the legal principle of "innocent until proven guilty" in the "open court" with guarantees of self-defense, while the Universal Declaration of independence of the judiciary issued in 1983 by the Conference of Montreal (Canada) stressed " freedom of the judge in the case is decided without bias or influence or succumb to any pressure or temptation ... " It was confirmed by the announcement of Milan (Italy) in 1985 which was approved by the General Assembly of the United Nations, and Crime Prevention Conference held in 1990 on the principles of the United Nations on lawyers, just as there are rights of the accused during the trial, there are pre-trial rights and other trace.

The supervisor of the affair of the Iraqi political, especially for positions acute and sudden many of the powers and people aware of the fact that what happened to Hbibi, may affects others, as long as confidence is weak and transparency fragile and accountability deferred, and most of the absence of standards of governance and Calendar under the responsibility of the state, on the other hand the matter could be repeated as long as silent others what is happening, while it's about the system of state administration as a whole, which is not about privileges for this block or that or this or that person, it was interfering with a number of independent bodies, such as the Electoral Commission, and the Integrity Commission, and other without putting an end to that with the exception of some objections concerning quotas and sectarian and ethnic ratios.

Because Shabibi expert independent economist, the chances of the defense will be weaker than the other, and because the campaign that targeted by the investigation was extensive and serious, the case should be turned to the issue of public opinion, as what happened where it was closer to work underground parties, movements and totalitarian regimes, while different one of them inflict upon shovels defamation and abuse in order to take revenge, The previous system was good at it.

I have known Shabibi in the sixties of the last century, on Tzamilna at the University of Baghdad, "the Faculty of Economics and Political Science," was يسبقني single row, and when he graduated tribal year appointed "professor lecturer" because it was the first of his class, and I..
♛ RED LILY ♛: remember we invited him to join us on a journey and especially the Federation of Students to power India, whose purpose was to save two who escaped from a prison Hilla (1967) where he was digging a tunnel to smuggle political prisoners, and when swerved the car in a private road and is paved surprised, and then Hmsna his ear and before the rise of "comrades" that this humanitarian action including interrupted by ways, and site Allawi Hilla emptied the car of passengers, and we stayed where five people remember them Sami Mehdi Hashemi (who was assassinated in 1968) after one year of the date mentioned, and Salim al-Rubaie, in addition to the other two, and one of them is the brother of Sami Al Hashimi (Saadoun Hashimi) which was doomed for 20 years (he had spent them about six years before his escape) and the second person who forgot his name and I, and disappeared Hashemi in the Azwaip in Baghdad for several days, then take visit us indifferent what would happen to him and to us, and after nearly a year left Iraq and became one of the leaders of the Palestinian resistance later.

Complete Shabibi studied in Britain and earned his Ph.D. in economics, then worked at the United Nations in Geneva, participated with Adib Al Jader and Mehdi al-Hafez in discussions so-called Advisory Committee, also attended the conference Saladin in 1992, and his brother Akram Shabibi also, and had arrived to Kurdistan via Iran.

I say this now because a lot of votes tried abuse him, exploiting the absence of a political group defending him, questioning Bmhnih and history, knowing that the son of national character and great scientific Sheikh Mohammad Reza Shabibi has provided his family for literature, culture and national Iraqi personalities shiny, and his brother Asaad Shabibi disappeared involuntarily under the previous regime and said that he has been eliminated early eighties.

Perhaps the intent of this hearing is not to defend Shabibi, but the evacuation of the circumstances surrounding the dismissal of the Governor of the Central Bank, and in defense of truth and fairness and justice, particularly as they issue a public opinion should be a role it deserved!