Legal expert says judiciary, not accountability court, has jurisdiction over Saddam-era glorification cases

Shafaq News/ A legal expert has said that the judiciary, not the Accountability and Justice Commission (AJC), has jurisdiction over cases of glorification of the former Iraqi president Saddam Hussein and his Baath Party.

Speaking to the Shafaq News Agency, Salem Hawas expressed surprise at the proposals of some MPs to refer the AJC's candidate for the parliament speaker, Shaalan al-Krayyem, to the AJC on charges of promoting and glorifying the Saddam regime.

"This is a charge that is contrary to the specific, functional, and objective jurisdiction," Hawas said. "The competent authority is the Iraqi judiciary through the investigative court and the relevant criminal court."

Hawas also said that the threat to refer al-Krayyem to the AJC or to break the quorum for the voting session has no legal or constitutional value for several reasons.

"First, al-Krayyem is a voting member who has been approved by the parliament," Hawas said. "Second, any such request must be submitted to the judiciary with evidence and documents, and a final and binding judicial ruling must be issued."

Hawas also pointed out that the law governing this issue is Law No. 32 of 2016, which prohibits the Baath Party and other racist, terrorist, and takfiri entities and activities. This law is not the same as the Law of the Higher National Commission for Accountability and Justice, which was enacted in 2008.

"It is incumbent upon the MPs to not confuse the two laws," Hawas said.

Earlier today, the Federal Supreme Court of Iraq, the country's highest judicial authority, received a lawsuit challenging the validity of al-Krayyem's candidacy for the presidency of parliament. The lawsuit also requested an injunction to halt the voting session until the case is resolved.