The Iraqi judiciary issues a decision on the controversial elections

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2018/06/05 12:10
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The Supreme Judicial Council announced the tasks of the Iraqi Judicial Commission, at a time when the voting process was not witnessed on 12 May. The Supreme Judicial Council clarified in a statement that the jurisdiction of the judiciary for the elections Article 8 of the Electoral Commission Law No. (11) for the year 2007 and its summary shall be determined in the event that the person who participated in the elections is not satisfied with the result obtained, he shall submit a complaint to the Board of Commissioners, which shall issue its decision either negatively or positively according to the evidence provided by the complainant.


"If the complainant is not satisfied with the decision of the Board of Directors The court shall decide on this appeal individually, concerning the appellant, the complainant only within a period of 10 days from the date of referral of the appeal, either supporting the decision contested or revoked according to the facts and evidence provided by the appellant " She said that this method of objecting to the election results is the only one stipulated by the law of the Electoral Commission No. 11 of 2007 and can not be bypassed to another method because there is no legal basis for the judiciary based on it.


She pointed out that there is no provision in the law gives the authority to the judiciary to take a decision General cancel results A sample inside or outside Iraq as required by some as there is no provision in the law gives the authority to the judiciary request the Commission to re-calculate a certain percentage of the election results.


"It is known to all that the judiciary issues its decisions based on texts in the law allows him to issue a decision in a certain direction Without these texts, an absolute decision can not be taken on the basis of information being circulated in the media or merely in order to satisfy a particular desire, with reference to the fact that the House of Representatives is the one who enacted the law of amending the Law of Elections of the House of Representatives No. 45 of 2003. Article 5 of this amendment Article 38 shall be repealed ( Paragraph 1 of the Electoral Commission Law No. 11 of 2007, provided for (the exclusive authority) of the electoral law, To the Board of Commissioners regarding the referral of any criminal case to the competent authorities if there is evidence of misconduct integrity of the electoral process, so everyone must respect this legal text and apply strictly and not to anyone who was violating it. "


" In the case of a complaint of forgery attributed to the Board of Commissioners, Mara requires A person who claims this to the competent court of inquiry to provide evidence that proves the existence of forgery and its proportion to the person who has done it, and then the judiciary shall make the appropriate decision against the person who committed the crime of forgery in accordance with the provisions of the Penal Code which punishes either imprisonment or imprisonment for the perpetrator of this crime.


The Higher Judiciary The number of complaints submitted to the Board of Commissioners regarding the objection to the election results reached (1881) complaints.


Appeals against the decisions issued in those complaints which reached the judiciary until 4/6/2018 amounted to (1221) will be resolved during the legal period of (10) days from the date of referral to the Judiciary Regarding the rest of the pending appeals, the judiciary is waiting to be referred to it by the Board of Commissioners to be resolved within the legal period ie 10 days according to the text of Article ( paragraph VI of the Electoral Commission law.



The Sadr Alliance warned of Muqtada al-Sadr to cancel or modify the results of the Iraqi elections Which won by stressing that this will establish a political chaos.


The warning of the alliance will follow this after the Iraqi government admitted last Thursday at an extraordinary meeting the possibility of electoral fraud through the immunity of the electoral bodies and the possibility of a breakthrough and decided to form a higher committee to study reports and information concerning The Electoral Commission.


In contrast, the Electoral Commission issued a statement on what happened in the parliamentary elections and MPs moved against the election results and defended their actions, confirming their safety.


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The Judiciary shall issue a clarification on the appeals of the results of the elections and the jurisdiction of the Judicial Committee



June 5, 2018

Baghdad - Journal News

The Supreme Judicial Council (SJC) on Tuesday issued a clarification on the appeals of the results of the elections and the competence of the judicial committee for the elections.

The council said in a statement that "the jurisdiction of the judiciary for the elections is determined by the text of Article 8 of the Electoral Commission Law No. 11 of 2007 and its summary in the event of the conviction of those who participated in the elections the result obtained by submitting a complaint to the Board of Commissioners, which makes its decision either negatively or positively, The complainant if the complainant is not satisfied with the decision of the Board of Commissioners to challenge him before the electoral tribunal under Article 8 mentioned above.

He continued: "The judicial body decides this appeal individually for the complainant the complainant only within 10 days from the date of referral of the appeal to either support the decision challenged or revoked in accordance with the facts and evidence provided by the appellant and this method to object to the election results is the only method that has been provided The law of the Electoral Commission No. 11 of 2007 and can not be bypassed to another method because there is no legal basis for the judiciary based on him in that. "

He added: "There is no text in the law gives the authority to the judiciary to take a general decision to cancel certain results both inside Iraq or outside as requested by some and there is no provision in the law gives the judiciary authority to ask the Commission to re-calculate a certain percentage of the election results" .

The statement pointed out that it is "known to all that the judiciary issues its decisions based on the provisions of the law allows him to issue a decision in a certain direction and without these texts can not take an absolute decision on the basis of information circulating in the media or just to satisfy a certain wish with reference to the House of Representatives is Of the law to amend the law of the elections of the House of Representatives No. 45 of 2003, where Article 5 of this amendment to the abolition of Article 38 and that the process of counting and counting using the acceleration of electronic results and thus the House of Representatives canceled under this amendment the process of manual counting and sorting, Fraud Fa Article 8 paragraph 1 of the Electoral Commission Law No. 11 of 2007. "

He pointed out that the previous article "provided (exclusive authority) to the Board of Commissioners regarding the referral of any criminal case to the competent authorities if there is evidence not to misbehavior the integrity of the electoral process,

Everyone should respect this legal text and strictly apply it. It is not permissible for any party to violate it. In the case of a complaint of forgery attributed to the Board of Commissioners, this requires reviewing the person who claims this to the competent court of inquiry to provide proof of the existence of forgery and its proportion to the person who committed it. The right decision on the part of the person who committed the crime of forgery in accordance with the provisions of the Penal Code, which punishes either imprisonment or imprisonment for the perpetrator of this crime. "

The Supreme Judicial Council also stated in its statement that "the number of complaints submitted to the Board of Commissioners regarding the objection to the election results amounted to 1881 complaints, either appeals on the decisions issued in those complaints

Which reached the judicial body until 2018/6/4 amounted to 1221 will be resolved within the legal period of 10 days from the date of referral to the judiciary, as for the rest of the remaining appeals, the judiciary is waiting to be forwarded to it by the Board of Commissioners to be resolved within the legal period, ie 10 days According to the text of Article 8 paragraph VI of the Electoral Commission law. "

http://www.aljournal.com/القضاء-يصدر-توضيحا-بشأن-الطعون-بنتائج/

The judiciary issues a clarification on the appeals of the results of the elections and confirms: canceling them is not our mandate

Since 2018-06-05 at 11:40 (Baghdad time)

Baghdad Mawazine News

On Tuesday, the Supreme Judicial Council issued a clarification on the appeals of the results of the elections, stressing that there is no provision in the law that gives the judiciary the authority to take a general decision to cancel certain results both inside Iraq and abroad.

The Judiciary Council said in a statement received by Mawazine News, a copy of it, that "the jurisdiction of the judiciary for the elections is determined by the text of Article ( of the Electoral Commission Law No. (11) of 2007 and its summary in the event of the conviction of those who participated in the elections, To the Board of Commissioners whose decision is either positive or negative, as evidenced by the complainant. "

He continued: "If the complainant is not satisfied with the decision issued by the Board of Commissioners to challenge it before the Electoral Commission under Article 8 mentioned above and the Judiciary shall decide on this appeal individually concerning the complainant, the complainant only within 10 days from the date of referral of the appeal, Support the decision contested or revoked according to the facts and evidence provided by the appellant, "stressing that" this method to object to the election results is the only method provided by the law of the Electoral Commission No. 11 of 2007 can not be skipped to another method because there is no legal basis for the judiciary based on him that".

The Judicial Council, "the existence of a text in the law gives the judiciary authority to take a general decision to cancel certain results both inside Iraq or outside as requested by some," pointing to "the absence of a provision in the law gives the authority to the judiciary request the Commission to re-calculate a certain percentage Of the election results. "

He explained that it is "known to all that the judiciary issues its decisions based on the provisions of the law allows him to make a decision in a certain direction and without these texts can not take an absolute decision based on information circulating in the media or just to satisfy a certain desire."

He pointed out that "the House of Representatives is the one who initiated the law to amend the law of the elections of the Council of Representatives No. (45) for the year 2003, where Article (5) of this amendment to the abolition of Article (38) and that the process of counting and counting using the acceleration of electronic results and thus lost The House of Representatives canceled under this amendment the process of manual counting and sorting.

As for the allegations of forgery, the judiciary explained that "article 8 paragraph 1 of the Electoral Commission Law No. 11 of 2007 provided for (the exclusive authority) of the Board of Commissioners regarding the referral of any criminal case to the competent authorities if there is evidence of misconduct in the fairness of the electoral process, "Everyone should respect this law and apply it strictly, and it is not permissible for anyone who violates it."

"In the event of a complaint of forgery attributed to the Board of Commissioners, this requires the review of the alleged to the competent investigating court to provide evidence to prove the existence of forgery and attributed to the person who did, and then take the appropriate decision on the person who committed the crime of forgery in accordance with the provisions of the law Punishable by imprisonment or imprisonment for the perpetrator of the crime. "

The Judicial Council pointed out that "the number of complaints submitted to the Board of Commissioners regarding the objection to the election results amounted to (1881) complaints, and appeals against the decisions issued in those complaints that reached the judiciary until 4/6/2018 amounted to (1221) Shall be settled within the legal period of (10) days from the date of referral to the judiciary. "

As for the remaining appeals, the Council said that "the judiciary is waiting to be referred to it by the Board of Commissioners to be resolved within the legal period, ie 10 days according to the text of Article ( paragraph VI of the Electoral Commission Law."

http://www.mawazin.net/القضا-يصدر-توضيحا-بشأن-الطعون-بنتائج-الانتخابات-ويؤكد-إلغاؤها-ليس-من-صلاحياتنا