The Federal Supreme Court suspends an article in the Customs Law that contradicts the Constitution

Baghdad / JAMC

 

The Federal Supreme Court ruled that Article (176 / First) of Customs Law No. (23) of 1984 is unconstitutional, as it contradicts the provisions of the Iraqi constitution.

 

Judge Abdul Sattar Bayraktar, the official spokesman for the judicial authority, said, "The Federal Supreme Court examined the appeal submitted by the Deputy Prosecutor at the Court of Integrity Investigation in Basra on the unconstitutionality of Article (176/first) of the Customs Law."

 

Bayraktar added, "This article gives customs officers the power of judicial officers within the limits of their job, and prohibits the referral of customs officers to the courts for a reason related to the exercise of their functions except with the permission of the minister."

 

He stated that "the court found in that article a restriction of the jurisdiction of the judiciary in trying the accused in the event that he commits a crime during performing his duty," noting that it contradicts "the first paragraph of Article 19 of the Constitution which states that the judiciary is independent and no authority is over it except the law." And the sixth paragraph of the same article which states that everyone has the right to be treated fairly in the judicial procedures.

 

Bayraktar added, "The article being challenged also contradicts Article 47 of the constitution, which stipulates the principle of separation of powers, especially in the judicial fields, as the judiciary provides guarantees for the accused in a fair trial."

 

He pointed out, "The legislator has taken the same direction by abolishing paragraph (b) of Article (136) of the Criminal Procedure Law, which required the approval of the defendant's authority to refer him to trial in the event that he committed a crime during or because of the performance of the duties of his position.

 

To view a copy of the decision, click here