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Friday, June 1, 2018

Iraq's Await Final Statement from Federal Court

Iraqis await final statement from Federal Court

02/6/2018 12:00 am

The Presidency of the Republic clarifies its position on the extraordinary session of Parliament

Baghdad / Follow-up morning

Once again, the eyes and the hearts of Iraqis towards the Federal Supreme Court to resolve the matter and launch the final statement on the extraordinary session of the House of Representatives called for the Electoral Commission to the counting and counting of the hands of 10 percent of the ballot boxes and the cancellation of elections abroad and displaced and the controversy raised on the elections and appeals,

The Presidency of the Republic issued an explanation regarding its position regarding the announcement of the results of the elections and its approach to the Federal Court regarding the extraordinary session of the House of Representatives, noting the existence of "doubts" about the unconstitutionality of the session. Described as "wills" seeking to pass catastrophic errors in the electoral process, which was rejected by the Electoral Commission for elections, pointing to waiting for the opinion of the Federal Court.

Clarification of the Presidency

The President of the Republic said in a press statement: "The President of the Republic is the head of state and the symbol of the unity of the country and represents the sovereignty of the country and is keen to ensure adherence to the Constitution. The Presidency of the Republic is responsible for following up and monitoring everything that contradicts the principles of the Constitution, Institutions ».

The Presidency explained that, "Based on this, the President has followed with interest what happened in the House of Representatives and the Council of Ministers, so the Presidency of the Republic opened the Federal Supreme Court as the judicial body responsible for interpreting the Constitution, and this was in respect of the authority of the judiciary and the obligation to be the key to the maintenance of law and its application, She added that «through the follow-up to what happened in the House of Representatives during the extraordinary session has generated doubts about the unconstitutionality of this meeting and its conduct and the decision taken in accordance with the text of Article (61) of the Constitution, as it is not the Council's competence to cancel the election results in part or Totally y As stipulated by Article 49 of the Constitution.

The IHEC Law No. 11 of 2007 also stipulated a way to challenge the results of the elections by relying on the judiciary. Therefore, the work of the Chamber of Deputies violated the principle of separation of powers and interfered with the jurisdiction and functions of the judiciary .

She pointed out that «the procedure of the House of Representatives to make its extraordinary meeting open contrary to the decisions of the Federal Supreme Court, which had already been separated in that, when it decided unconstitutional to keep the meeting open under its decisions numbered (55 federal / 2010) and (56 / Federal / 2010)» .

The Presidency of the Republic, «As for the decision of the Council of Ministers No. 198 of 2018 in its extraordinary session of 24/5/2018, and to form a higher committee to investigate the irregularities and breaches that took place in the electoral process, the President's Office inquired at the Federal Court on the constitutionality This committee, which is believed to be contrary to the principles of separation of powers and the provisions of Article (80) of the Constitution, and the intervention of the Council of Ministers work outside his powers, and refer to this regard to Article (8 / IV) of the Independent Electoral Commission Law No. (11) The Council's decisions may not be appealed Only before the judiciary of the elections).

The Presidency pointed out that «the President of the Republic to address many of the constitutional violations and challenged before the Federal Supreme Court unconstitutional many of the laws and decisions in all cases where the presidency was monitoring what is contrary to the Constitution or restricts freedoms», saying that «stands at one distance Of all and sponsors the democratic process and ensures the peaceful transfer of power does not support any block or a political body or a joint boycott of the elections ».

The President of the Republic supports the adoption of all legal methods and contexts followed by the Independent Electoral Commission for the elections and the judiciary to investigate and prosecute and hold accountable any party that is implicated in such manipulation in the electoral process, The Republic of the Electoral Commission to continue to take all legal procedures to ensure the integrity of the electoral process ».

The Presidency of the Republic, considered in a previous statement, the Parliament's decision to cancel the results of the elections abroad and some provinces and re-counting and sorting as "contrary" to the Constitution, while the Federal Court asked to express its opinion in the resolution. ​

Statement of Parliament

On the other hand, the House of Representatives said in a statement received by «morning»: «At a time when the House of Representatives and according to the Constitution to defend the course of the political process and correct the errors that marred the electoral process to achieve the right and protect the will of the people, he hoped that the institutions of the state to support this trend And correct errors and abuses in the recent elections, as these institutions are concerned to ensure the application of the Constitution and protect the democratic process and refrain from supporting any attempt to address the constitutional and legal procedures ».

The Council added that "the fraud operations that took place in the elections are damaging to Iraq and the entire political process if they are tolerated and passed." He pointed out that «the House of Representatives and full constitutional powers to the date of June 30, is continuing to enact laws and take decisions from Which will protect the democratic process and in cooperation with the state's sovereign and executive institutions. "

The Council called on "the presidency and the judiciary to activate their constitutional mission and assume their historic responsibility in a manner that protects justice and democracy, and to block the political will that seeks to pass the mistakes that have suffered The electoral process. "

The House of Representatives, completed last Wednesday, the first reading of the proposed amendment to the Third Law of the elections of the House of Representatives No. 45 of 2013, which will require the Electoral Commission for elections, if approved, to re-counting and manual sorting of all polling stations in Iraq, Which is expected to witness the second reading of the bill.

Conference of the Commission

For its part, the Independent High Electoral Commission rejected the decision of the House of Representatives to cancel part of the results of the legislative elections and the manual counting of some funds.

"The Commission will not respond to the parliament's decision to cancel part of the results of the recent parliamentary elections and the counting and manual counting of 10 percent of the ballot boxes," said the head of the Commission, Maen al-Hitawi, said that "the decision of the Iraqi parliament , Last Monday, in this regard violates the laws in force », and pointed out that« the Commission will wait for a decision of the Federal Supreme Court in this regard », reassuring the political blocs and citizens that« the results reflect the will Voters. "

For his part, the head of the electoral district, Riad Badran said at the press conference: "The results of the elections were identical to what is in the ballot boxes and therefore - and announce again - to reassure the Iraqi people and not pay attention to those who want to turn on the electoral process.

He explained that «our ruler is the law and the Constitution and the election law, and we have dealt with everyone in particular, especially with the committee formed by the Council of Ministers on complaints and appeals», and noted that «the Board of Commissioners and in a spirit of cooperation and transparency and respect provided the Ministerial Committee with all the information required as well as Written response to queries. "

"We are waiting for the decision of the Federal Court, and we confirm our full readiness in terms of manual counting and counting," he said. If this is decided by the court ».

With regard to canceling the elections in part or in full, Badran noted that «this is the jurisdiction of the Supreme Court and we await its decision regarding the work of the Commission now», and noted that «the Commission after the announcement of the results and receipt of complaints began to receive the appeals and part of those appeals to the judiciary» "He said." Respect for the constitution and the will of the Iraqi people, who voted and everyone has respect

Election results ».

The head of the electoral constituency in the Commission, said that «Thursday, May 31, was the last day to receive appeals, which amounted to 1875 stab», pointing out that «the process was complex and sensitive», and added Badran, «the Commission dealt with appeals and complaints very seriously, and facilitated All the procedures to receive them », pointing out that« the judiciary will review the appeals within 10 days », and continued,« will not compromise with any shortfall or any electoral breach », pointing out that« the formation of investigative committees to hold accountable the employees of the polling stations ».

In turn, said a member of the Board of Commissioners approved Moussawi: "Many of the videos that spread on the social networking sites that show the falsifications are incorrect and most of them were confirmed," Moussawi said, "The Commission denies the receipt of a lawsuit by the Integrity Commission," stressing That «there are parties promoting this matter, and there is no breach in the electronic media carrier», pointing out that «five checks were done on counting devices and sorting successfully, and there is no operation in the world free of errors», and that «the Commission for the first time Handover all parties (hard) contains all the results ».

Ministry of Immigration

On the other hand, denied the Ministry of Displacement and Migration, delivered any information on the names of the Iraqi community outside the country to the Electoral Commission, the ministry said in a statement received «morning»: «The Ministry of Migration and Displaced expressed surprise at the statements made by the Electoral Commission and the media reported by Some politicians that the ministry provided the Commission with the names of the Iraqi community abroad for the purpose of the recent parliamentary elections », and the ministry said in its statement that« UNHCR did not receive any information in this regard as well as not asked to do so ».




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