3/5/2015 0 Comments
Long-Presse get government amendments to a draft of the de-Baathification law
Article 1 the following terms for the purposes of this law, the meanings set out towards them.
I. the Authority: the supreme national body was for Accountability and Justice
Second, the Baath Party (defunct): Arab Socialist Baath Party, which seized power in Iraq on 17/7/1968
Thirdly User: Everyone belonged to the Baath Party (dissolved) and led the oath of allegiance to him.
Fourthly the former regime: regime that ruled Iraq for the period from 17/7/1968 until 9/4/2003.
Fifth repressive devices: your intelligence and security and the Republican Guard and Special protections for national, military and Saddam Fedayeen and security and military intelligence agencies.
VI agents of the former regime: persons belonging to the Baath Party (dissolved) or persons belonging to such repressive hardware or collaborators or beneficiaries of the looting of the country's wealth or who used them the former regime in any way.
Seventh ministries and security agencies and the Ministry of Defense and Ministry of Interior and the intelligence service and the Chancellery of the National Security and other security devices.
Article II-first establish a board called the (supreme national body was accountable justice) has a moral personality and linked to the Council of Representatives headed by Prime tray ware
Second represents the Authority Chairman or his nominee.
Third Vice-President of the board of the rank of Undersecretary of the Ministry.
Fourth, the President of the President of the Authority's headquarters in Baghdad and has opened branch offices level sections.
Fifth is the point of revealing the body was covered by the provisions of this law.
Article 3 of the first board of the so-called Council (Council of the Authority) consists of:
A head of the Authority president
B Vice-President of the Authority member and vice-president
C five members appointed special degree in accordance with law
Second is required in the head and members of the Council to be with the political and legal experience and take into account including the balance in the representation of the components of the Iraqi society.
Third, determine the mechanism of action of the Council and the quorum to take place and how to make decisions in which an internal system issued by the President of the Authority within 60 days from the date of entry into force of this law.
Article IV is required in each of the Chairman of the Board and Managing be:
I. Iraqis full civil and resident in Iraq
Second obtained a preliminary University in the least degree
III known for his good reputation, integrity and uprightness
IV is not under the age of 35 years
V. is convicted of a felony or a non-political misdemeanor involving moral turpitude
VI is not covered by the procedures of the Authority did not raise the expense of public money.
Article V of the Authority take what comes.
I. A ban return the Baath Party (dissolved) thought and organized and management, policy and practice to power or political life in Iraq and institutions both public and private, cooperative and mixed sectors and civil society organizations and the Iraqi community
( B) includes the prohibitions set forth in paragraph (a) of this item that comes
(1) - belonging to the Baath party and return him or force or threat or earn any person to belong to the party in question after 9/4/2003
(2) - to do any political activity or intellectual would encouragement, promotion or glorification of the thought of Saddam's Baath love.
(3) - nomination in the general election or local referendums
Secondly, a ban on the practice of any political activity or cultural or social individuals and entities, political parties and organizations that adopt racism, terrorism or atonement or ethnic cleansing, or incite or glorify or promote or justify it, especially Saddam's Baath in Iraq and its symbols under any name and by any means of or contact the media.
B - to prevent any of the covered tightly paragraph (a) of this item to be part of the political Altadedeh in Iraq
Thirdly - to contribute to the detection of money acquired by agents of the former regime illegally legitimate inside and outside of the Republic of Iraq and returned to the public treasury of the state.
Fourth - Iraqi memory service by documenting the crimes and illegal practices covered tightly items I and II of this article and devices repressive Baath Party and agents of the former regime and to provide a database available for them and make available evidence and documents have for the crimes committed them to the Iraqi judiciary and receive complaints from those affected by the due to their practices and their crimes and follow-up.
V. A - Palmhmolin publish a list of the provisions of this Act includes the names of all individuals who have been sentenced to the resolutions of the Board of the Authority and keep the list in the dissolved Baath Party archives until the establishment of a permanent Iraqi archives and according to the law.
B - the assignment of a copy of the archive to the Council of Ministers of the uncles on the ministries and departments is related to the Ministry and independent bodies and civil society organizations to be acted upon as a database.
VI - to contribute to the development of social and educational programs that emphasize the political pluralism, tolerance, human rights and condemn the crimes committed by agents of the former regime.
Seventh - coordination of the concerned authorities to do justice to the victims of the former regime's crimes and to help them obtain their rights under the relevant laws.
Eighth - Sending a quarterly report on all of its issued and decisions to the House of Representatives.
Article VI - first body was made up of the following configurations
A - Office of Inspector General
B - Office of the Attorney General
C - the legal department.
D - Department of Investigation
E - Management and the Department of Finance
And - follow-up and implementation Department
G - Informatics Department
H - the financial and economic pursuits circle
I - the Department of Information
J - Internal Audit and Prevention Department
K - Office of the President of the Authority.
Secondly A. runs each of the chambers provided for in item I of this article entitled employee director general holds a college degree in the least in the initial field of specialization and experienced appointed according to the law.
B - assists the Director-General of employees entitled general manager holds a certificate of initial University in the field of jurisdiction and least experienced.
C - all of Internal Audit and Control Department and the Office of the President of the Authority employee holds the title director manages a university degree and at least in a preliminary experienced.
First Article 7 - Board of the Authority issued the following decisions.
A - hauling all the staff who were at the rank member or member of the Division branch of the Baath Party machete before 9/4/2003 to retire on the basis of functional degree to which they occupied before their availability to work in the party and in accordance with the provisions of the Unified Retirement Law No. (9) for the year 2014.
B - the assignment of all employees of the agencies of repression under the former regime to retire in accordance with the provisions of the Unified Retirement Law No. (9) for the year 2014, and the disposal of pension rights exception of the age requirement
C - not to allow team members to return to the job in the three presidencies formations or the Supreme Judicial Council or the ministries of defense and external financial or security services.
D - prevent the leaders and commanders of Fedayeen Saddam device and volunteered to work in the device mentioned in the enjoyment of any pension rights with the exception of pupils, students and affiliates and Almnicolon of military personnel from all ministries and state institutions to work in that organ
E - non-payment of pension or grant to all Mentm dissolved Baath Party before 04.09.2003 and received a political or humanitarian asylum in any country after 20/03/2003
And - the prevention of the degree member of the above in the ranks of the Baath Party or work in the category of political guidance from distracting special function or function of the general manager or the degree of general manager or the membership of the House of Representatives or the Federation Council or the provincial council or function administrative unit director degree.
G - Move criminal cases against agents of the former regime and the repressive organs and belonging to political parties and entities prohibited under this law if available documented information belonging or committing criminal acts against the Iraqi people and the feminization through investigations conducted by the Authority.
Second - all rights and exceptions set forth in the fall of this article for each of the
A - proves judicial involvement with crimes against the Iraqi people or enriched at the expense of public money
B - and later prove to a court order submitted false information or belonged or returned to the formations of political parties and entities banned or feet help her or promoted and will be followed by isolation of the job and claim the return of working overtime in accordance with the law of financial benefits.
Thirdly - implement the decisions of the Council of the Authority after the verification of the identity of the covered and submit written innocence and pledge not to return to partisan activity prohibited under any name and otherwise covered tightly after item (ii) of this Article.
Article 8 provides covered by reference to retire in accordance with the provisions of Article (7) of the Act apply to the circle of referral to retirement and has application is presented by the embassy or consulate if outside Iraq.
Article 9 Civil grades and military ranks and medals and honors granted to a member band canceled or above in the ranks of the Baath Party (dissolved), because of their affiliation to the party in question and canceled privileges implications.
Article 10 Aola_ form in Mahma federal discrimination discriminatory called the board (the board of discrimination for accountability and justice) of (7) judges nominated by the Chief Justice of the Supreme Council are not covered by the provisions of this law and endorsed by the House of Representatives.
Second body was headed by senior judge where discriminatory and issued its decisions by majority.
Third, consider the body was discriminatory in all appeals from covered by the provisions of this law.
Article 11aola those decision by including the provisions of this law remedy of the resolution before the Council issued within (15) fifteen days from the date of notification of the decision, the amount considered.
Second, the Council decided grievance through thirty (30) days from the day following the registration of the complaint and featured with the Council, and in the case of counting deciding grievance during the period mentioned the grievance is rejected.
Third, the fact that those who reject his grievance or appeal a judgment against the rejection decision of the Appeals Chamber during the thirty (30) days from the date of notification of the decision of rejection or an amount considered.
Fourth separates discriminatory body was in the appeals submitted to it and its decision shall be issued by the outcome of the appeal prohibited unless challenged by way of correction before the Federal Court of Cassation.
Fifth covered by the provisions of this article shall continue to charge financial entitlements even gain the decision right degree of persistence.
First, Article 12 shall be punished by imprisonment for not more than (10) ten years each:
I belong to the outlawed Baath Party or promoted his ideas and views by any means or threatened or earn any person to belong to the party in question.
B pursued or adopt racist or atonement or ethnic cleansing or instigated or glory or promoted or cradle or justified him.
Secondly, the punishment shall be imprisonment for not less than (10) ten years if the perpetrator of belonging to the Baath Party before its dissolution or procedures covered by the accountability and justice.
B penalty shall be life imprisonment if the perpetrator of the employees of the military or the internal security forces.
Article 13 shall be punished by imprisonment for a term of not less than seven (7) years each to use force or intimidation to force citizens to leave their usual place of residence for reasons of sectarian or religious or nationalist.
Article 14 shall be punished by imprisonment for a term not less than three (3) years, all those who contributed or helped through the media to publish thoughts and opinions of the Baath Party (dissolved) and the penalty shall be imprisonment if employees of the army or the internal security forces.
Article 15 shall be punished by imprisonment:
First, each employee assigned to public service or citizen deprived of his rights prescribed by law or hindered or another accomplishment of official dealings sectarian reasons or religious or nationalist.
Secondly, every employee punished employee or spouse of functional rights for sectarian reasons or religious or nationalist.
Third, all of the claimed exposure to discrimination and sectarian, religious or national and is shown to be invalid claim.
First, Article 16 shall be exempt from the penalties for actions set forth in this law initiated to inform the public authorities everything he does before you start committing the act and before starting the investigation.
Second, the court exemption from punishment if he got the communication after the implementation of the act and before starting the investigation.
Third, the Court mitigation of punishment or exemption if the actor is easy to public authorities during the investigation or trial, arrested one of the perpetrators of the prohibited act.
Article 17 of the Prime Minister and his deputies together, at the suggestion of the Supreme Head of the employee and after standing on the opinion of the Authority, an exception covered by any of the provisions of this law and according to the requirements of public clinic.
Article 18 obliges the three presidencies and the Supreme Judicial Council and the ministries and departments not related to the Ministry and governorates not organized in a region and independent bodies and civil society organizations to implement decisions of the Commission issued in accordance with the provisions of this law.
Article 19 Employees of the Authority shall receive allowances equivalent to those received by their peers in the House of Representatives.
Article 20, first replace the supreme national body was for Accountability and Justice Foundation under the provisions of this law, the supreme national body was for Accountability and Justice Foundation shop under the Supreme National Commission for Accountability and Justice Law No. (10) for the year 2008 in all its rights and obligations and moves them all staff.
Second, the law repealed the supreme national body was for Accountability and Justice No. (10) for the year 2008.
Article 21 first formations of the Authority and the tasks and functions of the subdivisions subdivisions instructions issued by the President of the Commission determines.
Secondly, the President of the Commission to issue instructions to facilitate the implementation of the provisions of this law.
Article 22 of this law is implemented from the date of publication in the Official Gazette.
A continuation of the measures taken by the supreme national body was accountable by the justice in the cleansing of Iraqi society and state institutions of the Baath Party system (dissolved), and the purpose of the assignment of members of organs and repressive agents of the former regime into retirement and to refer those who committed their crimes against the Iraqi people or enriched the expense of public money to the competent courts , due to the existence of cases of affiliation my photos to certain categories of people to the ranks of the party (dissolved), with no faith in the ideas of the Baath dictatorship and its repressive practices,
For the purpose of reconstruction of not much by older to function, and to prohibit the return of the Baath Party (dissolved) and be part of the political pluralism or party in Iraq and prevent the emergence of parties or entities or persons adopt racism, terrorism, atonement or ethnic cleansing, or incite or pave or glorify or promote or justify it, especially the Baath and its symbols under any name and punished, in order to simplify the grievance procedures or appeal the decisions made by the Board of the Authority the right covered by its provisions, initiated this law. [You must be registered and logged in to see this link.]