Latest news with #LawNo.12of2018
Shafaq News
6 days ago
- Politics
- Shafaq News
Disqualified candidates: Iraq's electoral body under fire
Shafaq News Iraq's Independent High Electoral Commission (IHEC) has sparked wide debate after disqualifying a number of candidates from the 2025 parliamentary elections based on the 'good conduct' requirement. The commission announced earlier that 65 candidates cannot run in the upcoming elections for violating Article 7/3 of the amended Law No. 12 of 2018 on parliamentary and provincial council elections. It had also excluded others over criminal records involving charges of previously belonging to the Ba'ath Party, murder, bribery, forgery, fraud, and corruption. Sources told Shafaq News that over 75 candidates will be excluded, with the number potentially rising to around 200. Broad Interpretation Of 'Good Conduct' Legal expert Mohammed Jumaa explained that the disqualifications are based on Article 7 of the Election Law, which sets conditions for candidacy, including 'good conduct and reputation' and the absence of criminal convictions related to felonies, misdemeanors involving moral turpitude, or corruption cases—even if the candidate was later pardoned. Jumaa told Shafaq News that the commission adopted a broad interpretation of 'good conduct' to include candidates who have not been convicted by a final judicial ruling but face unresolved accusations or pending lawsuits. The commission considers these allegations sufficient grounds to fail the conduct requirement. While Jumaa acknowledged the commission's right to interpret legal provisions and exclude unqualified candidates, he expressed reservations about extending disqualification to those merely accused, stressing that accusations alone are not legally sufficient evidence and could be politically motivated. He also emphasized the importance of distinguishing between 'accusation' and 'conviction,' affirming that 'the principle of presumed innocence applies unless proven guilty by a final court ruling.' Political Criticism And Controversy Political analyst Abbas Al-Jubouri described the disqualifications as 'surprising and unusual,' noting that some excluded candidates have served four consecutive parliamentary terms. In an interview with Shafaq News Agency, he called the justification of 'de-Ba'athification' (removal of former Ba'ath Party members) 'illogical,' especially as some excluded figures played key roles in Iraq's fight against ISIS. Al-Jubouri suggested many exclusions were politically motivated, characterizing the process as a 'purge' carried out by the electoral commission. Warning that these measures risk upsetting Iraq's political balance, particularly amid the absence of the influential Patriotic Shiite Movement (led by Muqtada Al-Sadr) from the elections, Al-Jubouri cautioned that excluding experienced politicians could open the door for less qualified candidates, undermining the effectiveness of the next parliament. IHEC response and appeals process In response, the electoral commission defended its decisions. Hassan Hadi Zayer, a member of the commission's media team, stated that candidates were excluded for failing to meet the requirements outlined in the amended Election Law No. 12 of 2018, specifically Article 3/7. This article mandates that candidates must have 'good conduct and reputation' and must not have final convictions for crimes involving moral turpitude, including administrative and financial corruption, regardless of any pardons. Zayer told Shafaq News that verification is ongoing and no final figure on disqualified candidates is available, as relevant departments continue submitting their findings. He noted that excluded candidates have the right to appeal within three days of the announcement on the commission's official website, and the judicial body will issue rulings on appeals within ten days. Enforcement And Anti-Corruption View Anti-corruption expert Saeed Yaseen said the exclusions reflect strict enforcement of election commission regulations and applicable laws, carried out in cooperation with the Integrity Commission, Accountability and Justice Commission, and judiciary, alongside criminal record reviews. Yaseen told Shafaq News that the election commission's board, made up of judges, handles files impartially and strictly according to legal texts, with no favoritism. 'This process is an important demonstration of transparency and the rule of law,' he said, explaining that the recent general amnesty law covered cases including forgery, corruption, fraud, and crimes involving moral turpitude, which directly affect the good conduct criterion essential for candidacy. Yaseen expected the commission to release additional exclusion lists as the comprehensive screening continues, ensuring candidates are free from accountability procedures, criminal records, and dishonorable convictions, with ongoing coordination with the Integrity Commission and citizen reports analysis. 'The commission is moving in the right direction, and it is necessary to monitor upcoming stages, especially election campaigning and controlling misuse of public funds, to build citizen trust in the electoral process.' Support From Political Figures Former MP Razzak Al-Haidari praised the commission's decisions as 'wise and courageous,' saying they would enhance electoral integrity and boost public confidence in the next parliament. Al-Haidari told Shafaq News that the commission's move paves the way for a parliament that meets clear legal standards, 'positively impacting public trust and encouraging broad participation in the upcoming elections, which will strengthen domestic and international recognition of Iraq's political system.' He added that such measures should have been applied in previous elections through candidate vetting based on the law, emphasizing that 'equal enforcement of the law is fundamental to ensuring a fair election and genuine representation.' Legal Framework And Violations From a legal perspective, researcher Ali Al-Tamimi confirmed that the commission's decisions rely on clear legal grounds stemming from election laws and regulations, including the amended Election Law No. 12 of 2018 (amended by Law No. 4 of 2023), the election complaints and appeals system, codes of conduct, and candidate registration instructions issued this year. Al-Tamimi told Shafaq News that the law prohibits candidacy if a candidate violates eligibility criteria or commits election crimes such as inciting sectarianism, attacking state institutions, defaming the judiciary or rival candidates, or acts punishable under the Iraqi Penal Code No. 111 of 1969. He noted that the commission has the authority to revoke candidate approvals based on submitted evidence and can refer violations to the legal department to pursue court cases, concluding that the pre-election phase is 'a true test for candidates, where success favors those committed to the law and free from violations.' Election Timeline And Participation The campaigning period will start at least one month before polling day, following the final approval of candidate lists now under review by relevant state bodies. The Commission is preparing for the November 11, 2025, parliamentary elections, with 31 political alliances, 38 parties, and 79 independent candidates registered to run, and around 29 million eligible voters.
Shafaq News
7 days ago
- Politics
- Shafaq News
IHEC rejects political motives in candidate disqualification
Shafaq News – Baghdad The recent disqualification of several candidates from the upcoming elections is based on legal provisions and eligibility requirements, Iraq's Independent High Electoral Commission (IHEC) spokesperson said on Tuesday, dismissing claims of political bias. IHEC official Jumana al-Ghalai told Shafaq News that the decision issued by the Board of Commissioners can be appealed before the judicial panel within three days of publication, and the panel's ruling is final and binding, explaining that the exclusions were based on information from relevant verification bodies confirming the candidates' 'failure to meet the conditions set by the elections law, including good conduct and the absence of convictions for offenses involving moral turpitude, such as administrative and financial corruption, even if covered by a general amnesty.' Contrary to what some claim, Al-Ghalai stressed that there is no disqualification driven by political or electoral motives. On Sunday, the commission announced the disqualification of 65 candidates for violating Article 7/3 of the amended Law No. 12 of 2018 on parliamentary and provincial council elections. It had earlier excluded others over criminal records involving charges of murder, bribery, forgery, fraud, and corruption.
