Kurdistan Judiciary Chief slams federal court ruling on election quotas

Shafaq News/ The head of the Kurdistan Judicial Council, Judge Abdul Jabbar Aziz Hassan, on Wednesday condemned a decision by Iraq's Federal Supreme Court (FSC) to abolish quota seats for minorities in the Kurdistan Region's parliamentary election law, deeming it "unconstitutional."

In a statement he issued earlier today, Judge Hassan asserted that constitutional articles cannot be undermined under any pretext, as they are binding on all, including the FSC. He stressed that the court is obligated to adhere to the constitution and avoid violating it based on weak arguments.

"The region has the right to exercise its constitutional rights within the Iraqi state," the judge added.

Acknowledging that the FSC's establishment contravened the constitution and the 2005 Federal Court Law, Judge Hassan argued that the court has overstepped its legal authority by interfering in the region's affairs. He cited the court's decision no. 83/Unified/131 & 185/Federal/2024, which abolished the quota system in the Kurdistan Parliament Election Law no. 1 of 1992 (amended) and reduced the number of seats from 111 to 100.

"A careful examination of the aforementioned decision reveals that it clearly contradicts the constitution under which it operates," Judge Hassan explained. "The constitution recognizes the supremacy of Kurdistan Region's laws in cases of conflict or contradiction with federal laws."

He said that the contested law does not violate the constitution and accused the FSC of assuming the role of a legislator by amending the number of seats in the Kurdistan Parliament and the Independent High Electoral Commission Law no. 11 of 2007.

"The delimitation of electoral districts falls within the exclusive powers of the Kurdistan Parliament, and the Federal Supreme Court has no jurisdiction whatsoever in this matter," Judge Hassan asserted, calling for a review of the decision despite its binding nature," as justice is the foundation of governance."

In February, the federal court abolished parliamentary election law and reduced the number of seats from 111 to 100. This decision sparked widespread resentment among minorities, leading to calls for a boycott of the upcoming elections scheduled for June.