The government sent a law on the declaration of a state of emergency in the country to the House of Representatives

02/04/2014 




A member of the Liberal bloc parliamentary actress Sadrist MP Bahaa al-Araji said the government has sent the National Safety Law to the House of Representatives. 

Araji said during a press conference held today, Wednesday, 04/02/2014: The National Safety Law confirms the declaration of a state of emergency in the country, and this law is proof that the country is moving towards security and reached the worst things for the stage requires a serious attitude. 

He called al-Araji, the political blocs to unite and put aside their differences and cohesion, especially during this important stage and sensitive faced by the country and stand beside the security forces in the face of critical against terrorism and criminal groups.


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Buratha news agency published the full text of the law "emergency" presented by al-Maliki to the House of Representatives

News Source: Ali Salman
April 3, 2014 14:19


Provided the Iraqi government a draft emergency law, which gives the government broad powers, according to experts in the law, that this law will disrupt many of the articles of the Constitution, while the government has fired upon naming the other, a "National Safety Law, the following is the full text of this law:

Article 1 - the following terms shall for the purposes of this law, the meanings set forth about each of them:

First - the stricken area: any region of the Republic of Iraq are exposed to disasters, whether by nature or human-induced.

Secondly - Disaster: each event resulting from the devastating power of natural or unnatural causes harm to the physical infrastructure or human-stricken area.

Article 2 - may declare a state of emergency in the following cases:

First - if you threaten the Iraqi people and a grave danger if the result of terrorist acts carried out by armed groups or unarmed.

Secondly - if there is a serious disorder in public security or seriously threatened him.

Thirdly - any military action or non-military threat to the peaceful transfer of authority in accordance with the provisions of the Constitution.

Fourth - if it occurs in an epidemic or public disaster.

Fifth - a declaration of war or the threat of exposure or by declaring the country or any area where to any aggressive military action threatens the integrity of Iraq.

Article 3 - The request to declare a state of emergency to the House of Representatives of the President and the Prime Minister jointly held the Council for consideration in accordance with the provisions of the Constitution through [7] days from the date of registration in the office of Speaker of the House.

Article 4 - First: sends a House resolution to approve the declaration of a state of emergency to the President of the Republic and the Prime Minister during the [24] hours of the date of issuance.

Second: The President of the Council of Ministers issued a statement declaring a state of emergency and declares the following:

First - why was invited to the announcement.

Secondly - define the area covered by.

Thirdly - the date of entry into force.

Article 5 - the state of emergency may be extended in accordance with the mechanism set out in the articles [3] and [4] of the Act.

Article 6 - ending the state of emergency order issued by the Prime Minister and the end of a specified period or at the end of the case for which he declared a state of emergency.

Article 7 - The President of the Council of Ministers on the Council of Representatives the measures taken and the consequences during the period of the declaration of a state of emergency within [15] days from the date of completion.

Article 8 - First: The President of the Council of Ministers to be exercised in the region or regions covered by the declaration of a state of emergency, including the Constitution does not contradict with the following powers:

1 - the imposition of restrictions on the freedom of people to move, traffic and curfew in certain places or at certain times.

2 - It's the arrest of people suspected of criminal behavior or dangerous to public order.
3 - to impose house arrest on people dangerous to public order in their homes or in any city of their choice.

4 - it searched the people and places whatever that determines the matter to the appropriate person and the place searched.

5 - entry ban in some places an absolute prohibition or condition or restricted by ear.

6 - Restrictions on the freedom of people in the meeting and disperse meetings and gatherings by force if he feared to disturb public security and can not be use of a firearm in accordance with law.

7 - the evacuation of some parties or Alzha and prevent travel into and out of, or where and when a pandemic or disaster in public or when a rebellion or insurrection or prospects that they.

8 - to impose a curfew in the region is witnessing a serious threat to security.

9 - restrictions on travel to the outside of the Republic of Iraq or come to it.

10 dimensions of foreigners from the Republic of Iraq and to prevent their entry where it was when they entered it poses a threat to public security.

11 - to censor the means of publication such as newspapers, magazines, books, pamphlets and papers and fees and chips and optical audio before it is published or broadcast, seizure and confiscation and prevent the publication or broadcast, and the closure of places reprinted if its contents would breach public order or morals, or to spread terror and the spirit of the distinction between citizens or undermining the constitutional order and the country's social.

12 - censorship on newspapers or foreign publications, seizure and prevent circulation in the country, for the reasons set forth in item [eleventh] of this article.

13 - Control messages postal, telegraphic and all means of telecommunications, electronic and inspected and tuned.

14 - to censor the circulation of goods and the necessary and determine their seizure if the public interest so requires, provided to compensate the owners fair compensation.

15 - It's running people to work to pay the epidemic or catastrophe in general with the payment of wages is suitable for them.

16 - scheduling opening and closing shops and public order the closure of these shops all or some of them whenever the interest of public security.

17 - dragged vacations weapons, ammunition and materials divisive and incendiary and enforce measures to seizure and delivered to the public authorities and the closure of stores deposited there.

18 - the imposition of receivership on companies and state agencies and the postponement of the performance of debt and accrued liabilities that mature on or what it seizes on what it imposes guard.

19 - announcement disaster area as a result of exposure to a natural disaster or human a statement published in the official gazette.

Second, the President of the Council of Ministers directing effort of state institutions related to avoid the effects of the disaster or epidemics public in the affected areas and to provide humanitarian aid to cope with the effects of the disaster and given the stricken area top priorities in providing aid request and widgets that set to avoid the effects of the disaster and has requested aid from countries and organizations concerned to help in aid those affected and provide them with assistance in the case of the state's inability to confront the effects of the disaster.

Article 9 - Without prejudice to any more severe penalty provided by law shall be punished by imprisonment for a term not exceeding three years and a fine of not less than two million dinars, or either all or violates the commands or data communications or decisions issued by the Prime Minister during the emergency period.

Article 10 - is an aggravating circumstance of committing crimes during the emergency period.
Article 11 - delivers arrested pursuant to the provisions of this law to the police station and the police station in charge to take legal action in their regard.

Article 12 - First, may appeal decisions issued pursuant to the provisions of this law with the court or administrative judiciary and consider urgently according to the law.

Second, an exception to the rule item [First] of this article may be challenged decisions arrest issued pursuant to the provisions of this Act with the Central Criminal Court as discriminatory and in accordance with law.

Article 13 - First: The Central Criminal Court to consider the misdemeanor crimes committed during the period of validity of a state of emergency.

Second: the criminal courts responsible for both their competence by considering the offenses set forth in item [First] of this article.

Article 14 - repealed the following:

First: the National Safety Law No. [4] for the year 1965.

Second, is the defense of national integrity number [1] for the year 2004.

Article 15 - This law shall be from the date of its publication in the Official Gazette.

Reasons:
For the purpose of confronting conditions, disasters and epidemics public may be exposed to the Republic of Iraq, which may affect the safety of the nation and its citizens for the purpose of avoiding the dangerous effects of these conditions and for the state's use of its various organs effort exceptionally urgent and initiated this law.
22/5/14


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