Speaker: we will cancel Article 4 terrorism, which has become a sword hanging on the necks of the Iraqis

31-12-2012 | (Voice of Iraq) - Add a comment -
Alsumaria News / Nineveh

Promise House Speaker Osama Najafi, Monday, abolished Article 4 terrorism through Parliament, considering it "sword of Damocles" over the necks of Iraqis, stressing that it will be established laws give the Iraqi judiciary full independence while ensuring rights of the state and the citizen and respect for human rights, as pointed out that attacks inside prisons has been corroborated by the judiciary.

Nujaifi said at a news conference in Mosul and attended "Alsumaria News", "attacks exist in prisons has been corroborated by the judiciary, and officers arrested citizens without warrants," noting that "there are a number of officers have warrants ready, but they just enter any name they want in a clear violation of human rights and extortion of citizens in detention camps. "

He promised Nujaifi to "carry through the Iraqi parliament to amend the Penal Code and establishing laws give the Iraqi judiciary full independence while ensuring rights of the state and the citizen and respect for human rights in order to establish a society that respects the dignity of citizens and the rule of law," adding "we will cancel Article four terrorism, which has become a sword hanging on the necks people. "

He announced by Prime Minister Nuri al-Maliki, on Sunday (30 December 2012), the channel "Alsumaria TV," it will release an immediate per woman arrested without a warrant, as well as those who have been detained lost in sin committed by a person of their parents, expressing his willingness to issue a special amnesty include women detention in criminal cases.

The Supreme Judicial Council announced, in (20 December 2012), for the registration of tens of abuses against prisoners, stressing that he will not hesitate to punish "any address" involved in this case whatever the office, but added at the same time that some prisoners resorted to such These allegations rid of Aqhobthen.

The Iraqi Interior Ministry considered, in (16 December 2012), to talk about torture prisoners inside prisons "pure fabrication", noting that the goal is "targeting political file security", while confirming that the indicators adopted by proving progress behavior of its members.

It is noteworthy that the parliament read in (November 28, 2012), a report on prisons in Iraqi prisons, was charged with the leadership of the Iraqi List, Hamid al-Mutlaq, the (November 26, 2012), the security services of raping and torturing women prisoners, and considered it "ashamed" of acts Americans at Abu Ghraib prison.

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In the name of the people
Council of Ministers
Based on the approval of the National Assembly in accordance with article thirty three,
paragraphs (A and B) of the TAL, and based on the provisions of article thirty seven of
the mentioned law;
The Council of Ministers in its session on 07 November 2005 decided to issue the
following law:

Number (13) for the Year 2005
Anti-Terrorism Law
Article 1
Definition of Terrorism
Every criminal act committed by an individual or an organized group that targeted an
individual or a group of individuals or groups or official or unofficial institutions and
caused damage to public or private properties, with the aim to disturb the peace, stability,
and national unity or to bring about horror and fear among people and to create chaos to
achieve terrorist goals.


Article 2
The following acts are considered acts of terrorism
1. Violence or threats which aim to bring about fear among people or expose their lives,
freedoms and security to danger and their money and properties to damage regardless
of its motives and purposes which takes place in the execution of a terrorist act,
individually or collectively organized.
2. Work with violence or threat to deliberately sabotage or wreck, ruin or damage
buildings or public property, government interests, institutions, state departments, the
private sector or public utilities and public places prepared for public use or public
meetings for the public or public funds, and an attempt to occupy it or to seize it or
expose it to danger or prevent its use for the purpose for which it was prepared with
the aim of disrupting the security and stability
3. Anyone who organized, chaired or participated in an armed terrorist gang that
practices and plans for terrorism and also contributes and participates in this act.
4. Use violence or threat to stir up sectarian strife or civil war or sectarian infighting by
arming citizens or by encouraging them to arm themselves and by incitement or
funding.
5. Assail with firearms army and police offices, volunteer centers, security offices, and
assault national military troops or their reinforcement, communication lines or their
camps or bases, with a terrorist motive.
6. Assault with firearms, with a terrorist motive, embassies and diplomatic entities
throughout Iraq as well as all Iraqi institutions, foreign and Arab companies and
institutions and governmental and non-governmental and international organizations
operating in Iraq in accordance with a valid agreement.
7. Use, with terrorist motives, explosive and incendiary devices designed to kill people,
and possess the ability to do so, or to spread fear among the people, either through
blowing up or releasing or spreading, or planting or bubby trapping equipment or
human bodies, regardless of their forms or through the effect of poisonous chemicals
or biological agents or similar radioactive materials or toxins.
8. Kidnap or impede the freedoms of individuals or detain them either for financial
blackmailing for political, sectarian, national, religious or racially beneficial purposes
that threaten security and national unity and promote terrorism.

Article 3
The following acts are specifically considered amongst
the crimes against State security
1. Any act with terrorist motives, that threatens the national unity and the safety of
society and affects the State security and its stability or weakens the capacity of the
security services in defending and protecting the security of citizens, their properties,
State borders and its institutions either through armed confrontation with State forces
or any other act that deviates from the freedom of expression which the law
guarantees.
2. Any act that includes the attempt to use force or violence to overthrow the regime or
the form of government as set forth in the Constitution.
3. Any one who led, for a criminal purpose, a branch of the armed forces, military
checkpoint, a harbor, airport or any military site or city without being authorized by
the government.
4. Any one who attempts to incite an armed rebellion against the authority established in
accordance with the constitution or participates in a conspiracy or a gang formed for
the same purpose.
5. Any act by a person who had authority over individuals in the military and asked or
charged them with the task of impeding orders of the government.


Article 4
Penalties
1. Any one who committed, as a main perpetrator or a participant, any of the terrorist
acts stated in the second & third articles of this law, shall be sentenced to death. A
person who incites, plans, finances, or assists terrorists to commit the crimes stated in
this law shall face the same penalty as the main perpetrator.
2. Any one, who intentionally covers up any terrorist act or harbors a terrorist with the
purpose of concealment, shall be sentenced to life imprisonment.


Article 5:
Waiver of Punishment, Legal Excuses and
Extenuating Legal Circumstances
1. Any one, who provides to the competent authorities before a crime is discovered or
during its planning, information that contributes to the arrest of the criminals or
prevents the execution of the operation, shall be pardoned.
2. Information, offered voluntarily by a person to the competent authorities after a crime
is committed or after it is discovered by the authorities and before the person is
arrested which leads to the arrest of the other participants, shall be considered an
extenuating excuse for reducing the penalty stated in the second article of this law and
the punishment shall be imprisonment.

Article 6
Final Provisions
1. Crimes stated in this law are considered regular crimes involving moral turpitude.
2. All funds, seized items, and accessories used in the criminal act or in preparation for
its execution shall be confiscated.
3. Provisions of the current Penal Law shall apply to all situations not stipulated in this
law.
4. This law shall enter into force on the date of its publication in the official Gazette.
Ghazi Ojail Yawir Adil Abdul Mahdi Jalal Talabani
Vice President Vice President President


Justifying Reasons
The size and volume of damages resulting from the terrorists’ operations has reached a level that threatens to national unity, order, security and stability. To move forward towards a federal, pluralistic, democratic system based on the rule of law and the guarantee of rights and liberties and to set off in motion the wheel of comprehensive development, it has thus become necessary to issue a legislation that puts an end to and limits terrorist operations and reduces the interaction between those who execute them and those who support them. For these reasons this law is enacted.