Abadi approaching the "challenge" amnesty law after parliament rejected amendments

Abadi approaching the "challenge" amnesty law after parliament rejected amendments



Prime Minister Haider al-Abadi

Writer:
Editor: BK
12/04/2016 00:24


Long-Presse / Baghdad

It is expected to raise the parliament rejected the government for amendments to the "general amnesty", the freeze on the inclusion of the accused terrorist offenses to the provisions of the controversial law.

And disrupted criticism "acerbic" made by the prime minister, Haidar al-Abbadi, the law implemented partially, despite three months after its adoption, although it stipulates that "entry into force as soon as the vote by Parliament."

The resort prime minister, this time, to challenge the law altogether, or the decision of the parliament, who responded by recent amendments.

So far, the judicial committee does not consider the problem under the amnesty law, crimes of terrorism and kidnapping, in limited cases, the release of the limited number of cases is simple and crimes.

And rejected the House of Representatives in a hearing last Thursday, (the first of December the current 2016), amendments to the General Amnesty Law majority, and wait for the passage of the parliament about a month into his copy of the amendments to decide discussed recently.

The amendments included an exception from the amnesty provisions kidnapping crimes, it has also developed new mechanisms for re-trial for the defendants in terrorism issues.

As stipulated government amendments on some paragraphs considered by some "provocative" Khmol general managers and above from the "document forgers," the provisions of the amnesty.

Government amendment also provides for retroactive force, which was considered by the Legal Committee unconstitutional facilitate appeal to the judiciary.

He criticized Prime Minister (General Amnesty Law), days after approval, and described the parliament additions to its terms as "criminal."

Ebadi said, "The government rejects this subject and we will give an amendment to these paragraphs," adding, "we exclude all crimes of abduction from the amnesty, but the House of Representatives charged, that does not result in death or permanent disability."

Parliament held an amendment to the crimes of terrorism, which exempted the government version of the amnesty, and its tail requirement not caused death or disability, or the destruction of government property.

Ebadi said in this regard that "in the event of a terrorist saw a security man wearing an explosives belt he sacrifices himself for the dismantling of the belt, and in the light of the law would be released, because he was not killed or blowing himself up."

The House passed, at (25 August 2016), which included a general amnesty of all those sentenced to death and other penalties except for 13 categories of crimes law. The most prominent excluded from the amnesty cases are terrorist crimes grew by killing or permanent disability, and crimes of human trafficking and all that falls under the title of (captivity) by what is termed when Takfiri terrorist groups.

After days of a general amnesty legislation, the Supreme Judicial Council issued clear instructions through mechanisms of implementation of the law.

Groups after release

But lawmaker Kazem al-Shammari, a member of the parliamentary legal committee, said the committee set up by the courts "do not consider the issues of terrorism and kidnappings," a prominent articles that were within the government amendments.

Shammari said, in an interview with the newspaper (range), that "the cases that have occurred on the release in accordance with the general amnesty law relating to simple criminal issues such quarrels."

It is expected by the Legal Committee, that the courts begin, after the government responded amendments, "the release of the accused issues of terrorism and kidnapping, according to the law."

He revealed the Supreme Judicial Council, recently, for the inclusion of more than five thousand accused in two provinces only special amnesty law. The presidency announced the resumption of the court of Babylon for the inclusion of 3900 accused the amnesty law.

The head of the appellate judge Haider Jaber, according to the Judicial Council site, "The highest percentage was in the court of inquiry which included Hillah alone in 1343, accusing pardon," expected to "these numbers increase during the coming period."

Presidency of the resumption of Najaf, the Federal Court also revealed the inclusion in 1523, accusing the new law. Also expected to be charged with five thousand law includes in Basra, and three thousand in Maysan.

Second chance to Ebadi

And is still in front of the prime minister a second chance to achieve the vision of the general amnesty law, despite parliament's rejection of recent modifications.

And reveals the Attorney-Shammari, head of the national parliamentary bloc, for "the possibility of sending Abadi new modifications in materials, but other than that have been rejected," asserting that "kidnapping and terrorism cases can not be modified."

You can also head of government, to use the other option to deal with the law, which rejects, so to go to federal court to challenge all the provisions of the law.

But al-Shammari said that the al-Abadi to "find a constitutional loophole to challenge them, and we believe that there are no violations of the law."

He was in front of the prime minister, after the law was passed, two options to deal with it, either challenged for violating the provisions of the Constitution, or to submit a draft bill to amend the problematic paragraphs, which he did eventually.

Conversely speaking MP Ibtisam al-Hilali, a member of the Legal Committee, another option may turn to the Prime Minister.

Explains Hilali, told the (range), that the head of the government "can go to the parliament to challenge the rejection of the amendments made by the Federal Court."

Until that time, the parliament would not consider any issue until the new legislative term, which will begin next year.

Why rejected the amendments?

Attributes member of the Legal Committee, the parliament rejected the government for amendments to the "conviction that a good majority of the terms of the law does not allow the exit of the terrorists," noting that "the law setting requirements for the release, especially in the cases of kidnapping."

The government amendments may be excluded in a comprehensive crime of kidnapping law. And it excluded the law in force, in (Article 4 / VI), "kidnappings that grew up in the death of the kidnapped or anonymity fate or cause permanent disability."

In turn confirms opposition deputy to the current wording of the amnesty law, that the parties which rejected the law "did not provide justifications."

The MP said Mohammed Chihod, (range), "We respect the majority opinion that the government decided to reject the amendments," but he still insists that the law in its current form "will facilitate the exit of terrorists."

Chihod and talking about that, "the majority of the House of Representatives who voted to reject the law are from the coalition forces and Sadr's movement."

Of / Wael blessing

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