Iraqi Judiciary Prevents Judges from Belonging to Political Parties and Participating in Elections

Shafaq News/ The Supreme Judicial Council held its fifth session today, Thursday (February 25, 2021), headed by the President of the Federal Court of Cassation, Judge Faik Zaidan. The statement mentioned that the session discussed the intentions of some judges and public prosecutors to take part in the upcoming elections after having reviewed Article (98) / (second) that prevents any judges or public prosecutors from belonging to any political party or organization or even participate in any political action.

Whereas performing electoral announcement is considered a political action indeed, the council decided that any judge or member at the public prosecutor’s office who intends to nominate for the elections must resign from the Supreme Judicial Council first in order to be eligible for candidacy at elections.

The statement also highlighted on the subject of raised cases against journalists already enrolled at the journalists’ syndicate. It thereafter decided to assign the heads of Appeal Courts to nominate investigative judges and judges of courts of first instance in order to consider these cases besides their actual work.

Indeed, the council urged the judges and members of public prosecution to abide by the previous circulars in regard of the use of social media sites in ways that may offend them personally and harm the judicial institution generally. However, it encouraged them to perform their judicial and legal activity through the Supreme Judicial Council’s website and the Judicial Journal instead.

Moreover, the council advised the heads of appellate regions to avoid granting honorary judicial positions and consider the eligibility of candidates to any position as per the needs and necessities of work.

The Council of Ministers unanimously voted in its session held on Tuesday, the 19th of last January, to hold early elections on the 10th of October instead of the 6th of June. Given that the Iraqi prime minister, Mustafa Al-Kadhimi, had announced earlier last year that the parliamentary elections will take place on the 6th of June, 2021 and pledged to provide international observation during the course of elections.

At that time, Al-Kadhimi’s announcement of the date was welcomed internationally and was met by pledges of support. However, the positions of political blocs are still vague and divided in regard of the date set and the mechanisms to be followed in the elections.