The text of the law banning the Baath Party



2016-07-30 22:40:03 | (Voice of Iraq) - Baghdad

Text ban the Baath and entities, parties and activities of racist and terrorist and takfiri, voted by the House of Representatives during its Saturday Party Act.

According to the text of the law:

Based on the provisions of item {first} article {7} and {item} first article {61} and {item} Third article {73} of the Constitution, Law issued the following:
{Number} for the year 2011

Banning the Baath, entities and racist parties and Takfiri and terrorist activities Party Law

Article 1 The provisions of this Act shall apply to {} the dissolved Baath Party and every entity or party, activity or program that adopts racism, terrorism or ethnic cleansing or atonement , or incites or glorifies, promotes him.

Article 2 of this law is aimed at the following:

I. prevent the return of the Baath party under any name to the authority or political life and not allow him to be part of the political and party pluralism in Iraq.
Second entities and ban political parties and organizations that adopt the ideas or attitudes incompatible with democracy and the peaceful transfer of power principles.

III entities and ban political parties and organizations that contradict its goals or activities with the principles of the Constitution.

IV define and regulate the procedures and sanctions to implement the prohibitions referred to in this article and to punish violators of the provisions of the law.

Article 3 I. prevents the Baath party from exercising any political activity or cultural under any name and by any means of communication or media.

Second it prevents the formation of any entity or political party pursues or adopts racism, terrorism or ethnic cleansing or atonement , or at the instigation of or glorifying him or promoted or adopt ideas or approaches are incompatible with democracy and the peaceful transfer of power principles.

III prohibits the exercise of any of the activities referred to in item {second} of this article.

Article-4 includes a ban on the Baath Party and its members under this law the following acts:

I. belonging to the Baath Party and under any name whatsoever.
Second force, threat or gain any person to belong to the Baath Party.

III do any political activity or intellectual would encourage or promote or glorification of the thought of the Baath Party or encouragement to belong to him.
IV participation in general elections or local referendums.

V. use the media audio-visual and print to spread the ideas and opinions of the Baath Party.

VI published by the media of all kinds of activities and the thoughts and opinions of the Baath Party.

VII participate in any rallies or demonstrations or sit - ins.

Article-5. The provisions of Article shall apply (4) of this Article to all parties and political entities and organizations that pursue or adopt racism, terrorism or atonement , or ethnic cleansing , or incite or glorify him or adopt the ideas or attitudes incompatible with democracy and the peaceful transfer of power principles.

Article 6. I.-A committee spokesman {Implementation Committee banning the Baath, entities and racist parties and Takfiri and terrorist activities Party Act} as follows:
A Minister of State for the Council president Alnwab-
B Undersecretary of the Ministry of Justice , a member
C Undersecretary of the Ministry of Human rights : member
W head of the state - member Shura Council

( C ) two judges of the first category designated by the President of the Judicial Council Top- members.

Second problem Committee shall under item {first} of this article surveillance and follow - up of parties and political entities and organizations and to verify non - exercise of any of the activities prohibited under this law.

III authorizes the Commission the power to call people and make the administrative verification of information obtained or what is being offered by the state agencies in matters related to activities banned under this law.

IV of the Commission on the request of government agencies to provide information and documents to help them accomplish tasks and work.

V. Committee inform the competent authority to follow up the work specified in the law on political parties to achieve the results of the administrative and political parties to take power mentioned take the necessary according to the law.

VI . If the Commission finds that the facts which took over the investigation constitute the activities prohibited under this law, it must refer the investigative papers and results of the investigation to the competent to consider criminal court according to the law.

Article 7. I.- be punished by imprisonment for not more than ten years both belonged to the Baath Party after entry into force of this Act or promoted his ideas and views in all and every means of forced or threatened or gain any person to belong to the Baath Party.

Second : The penalty shall be imprisonment for a period not exceeding fifteen years if the perpetrator of belonging to the Baath Party before its dissolution or covered by the accountability and justice law.

Article 8.-term of imprisonment not exceeding five years all those who contributed or helped through the media to publish thoughts and opinions of the Baath Party.

Article 9.- be punished with imprisonment for a term not exceeding ten years or both pursued adopted racial or ethnic cleansing or atonement or abetted or glory
His or promoted or incited to adopt the ideas or attitudes incompatible with democracy and the peaceful transfer of power principles.

Article-10 shall be sentenced to life imprisonment who commits specified in Articles 7 and 8 {9} of this law acts, if the perpetrator of the members of the army or the Internal Security Forces.

Article-11 I. punishable by imprisonment for a term not exceeding five years each employee or assigned to public service deprived a citizen of a planned his rights legally or hindered or another achievement official dealings sectarian, religious or ethnic reasons , without prejudice to any administrative sanctions provided by law.

Second penalty of imprisonment for each employee punished the employee or spouse of the functional rights of sectarian, religious or ethnic reasons , without prejudice to any administrative sanctions provided by law.

III shall be punished by imprisonment for each of the claimed being sectarian, religious or national discrimination and is shown to be the invalidity of his claim.

Article-12 is liable to imprisonment for a period not exceeding seven years each to use force, threats or intimidation to compel a citizen to leave their usual place of residence sectarian, religious or ethnic reasons.

Article-13 is considered a mitigating circumstance if the actor admitted to the competent authorities for activities prohibited under this law before the investigation began with him.

Article-14- punishable employee convicted of an offense set forth in this law shall be punished by the death of isolation and military man , police and security Baquba expulsion and deprived of pension rights.

Article-15 does not disturb the sanctions imposed under this Act to any harsher punishment stipulated by another law.

Article-16 General Secretariat of the Council of Ministers and the Prime Minister after the authentication issue the necessary instructions to facilitate the implementation of this law.

Article 17.-This Act shall take effect from the date of publication in the Official Gazette.

The reasons:

Since the democratic system in Iraq based on political pluralism and peaceful transfer of power, and where the constitution has been adopted principles of justice, equality, freedom and respect for human rights, and where the Constitution provides in Article {7} him the necessity for legislation which prohibits any entity or program that adopts racism, terrorism or ethnic cleansing or atonement , or incites, facilitates, glorifies, promotes , or justify it, especially the Baath and its symbols under any name whatsoever, so this law was enacted.


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