Latest news with #GeneralAmnestyLawNo.27
Shafaq News
04-04-2025
- Politics
- Shafaq News
Iraqi court: Iranian convict not eligible for General Amnesty
Shafaq News/ Iraq's Federal Court of Cassation has rejected a petition to apply the General Amnesty Law to an Iranian national, a judicial source revealed on Thursday. 'The court upheld an earlier ruling by the Fourth Central Committee, which handles amnesty cases under the amended General Amnesty Law No. 27 of 2016,' the source told Shafaq News, clarifying that the committee had dismissed the application due to the refusal of claimants to waive their legal rights and demand for compensation. The individual was convicted under Article 406 of Iraq's Penal Code No. 111 of 1969, which mandates the death penalty for premeditated murder or killings under aggravating circumstances. The amended General Amnesty Law, approved by parliament on January 21, 2025, took effect in February, with courts beginning case reviews immediately and recording the first release on February 8. Parliamentary sources estimate that approximately 57,000 detainees may be eligible for release under the law, depending on the nature of their convictions.
Shafaq News
06-02-2025
- Politics
- Shafaq News
Iraqi courts implement Amnesty Law following Judicial Council directives
Shafaq News/ On Thursday, Iraqi courts confirmed their commitment to implementing the General Amnesty Law in accordance with the directives of the Supreme Judicial Council. The law aims to grant amnesty for certain offenses, explicitly excluding individuals involved in terrorism, violent acts, and drug offenses from receiving any form of amnesty. According to official documents, the Najaf Criminal Court confirmed the application of General Amnesty Law No. 27 of 2016 (second amendment), which came into effect on January 21, 2025, for the cases presented before it, in line with the instructions issued by the Supreme Judicial Council, emphasizing the 'enforcement of these directives at the criminal court level.' Similarly, the Presidency of the Diwaniya Appeals Court directed the implementation of the second amendment to the law based on the provisions issued by the council. Recently, the Federal Court decided to suspend the implementation of controversial laws, including the Amnesty Law, raising tensions within political circles. However, Iraq's Supreme Judicial Council ruled on Wednesday that laws passed by parliament cannot be suspended before their official publication in the government gazette, arguing that the court's ruling lacked legal grounds, as it targeted non-enforceable laws. It also affirmed that the Iraqi courts are obligated to implement the amended General Amnesty Law. Despite the council's remarks, the Federal Court reaffirmed that its rulings, including injunctions, are 'final and binding on all authorities,' citing Article 94 of the 2005 Iraqi Constitution. The Judiciary Instructions The judiciary, according to a statement and documents, decided on Monday that the Presidency of the Appeals Court should form one or more central committees in each appellate region, composed of three first- or second-degree judges, which will be responsible for reviewing requests for reinvestigation and retrial under the provisions of Article 9, Section 1, of the Second Amendment to the Amnesty Law. These committees will reportedly handle cases from internal security or military courts within their territorial jurisdiction. still under investigation or trial will be decided by the aforementioned courts, which will determine whether the defendant qualifies for the general amnesty. with non-final judgments or absentia rulings will be reviewed by the courts that issued them. with final judgments will be reviewed by the central committee formed for this purpose within the Presidency of the Appeals Court, and amnesty decisions will only be implemented once they become final. from criminal courts with requests for reinvestigation or retrial will be reviewed by the central committee at the Presidency of the Appeals Court, regardless of whether the rulings are final or still under appeal. Decisions will not be implemented until they become final.
