Three people were killed in an Israeli attack in Hula, southern Lebanon

As an example… the Iraqi Judiciary imprisons a spouse on trumped-up charges

As an example, the Gharg Misdemeanor Court in Baghdad, which specializes in integrity cases, sentenced an independent representative of Najaf Governorate to 6 months in prison and a fine of one million dinars (less than $700).

According to the text of the ruling, the Ministry of Commerce is filing a lawsuit against Representative Hadi al-Salami after he was accused of “falsifying” a report issued by the Financial Supervision Bureau regarding violations by one of the ministry's companies.

But al-Salami's colleagues in the House of Representatives said the ruling was based on a defamation case, and that the case was a sham.

According to a letter released by his office, Representative Al-Salami last December sent a request to Prime Minister Mohammed Al-Sudani to release and hold Commerce Minister Athir Dawud Salman accountable. Crimes and operational irregularities harmed the public finances when he assumed office.” Director of the General Grain Manufacturing Company.

The new ruling raises several questions about the legal limits that parliamentarians can cross from a legislative and oversight standpoint.

The ruling also raises questions about the ability of members of the Parliamentary Integrity Committee, of which al-Salami is a member, to monitor and hold officials in the executive branch accountable.

Muhammad Al-Saadi, a lawyer specializing in defending constitutional and political cases, commented on the ruling against Representative Al-Salami: “The Representative has immunity according to Article 63 of the Constitution, and it is recognized by Law No. . 13 of 2018.”

In an interview with Asharq Al-Awsat, he said, “The decision of the Federal Court is clear and related to the removal of MP's immunity in criminal cases, but publication, media, abuse or defamation do not fall under the federal ruling.”

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He continued, “The representative has supervisory capacity and is not subject to the law. According to the complaint submitted by the Minister of Immigration and Migration, four days ago, it was decided to fine the representative Iqlas Al-Tulaimi, but Al-Tulaimi appealed against this decision.

Representative Hadi Al-Salami (Facebook)

Judicial opinion

After controversy over the decision grew, the Supreme Court opined that the immunity enjoyed by a member of the Al-Salami House of Representatives is limited to the event he is accused of committing a crime, but does not necessarily exclude misdemeanors and violations. immunity.

Lawyer Al-Saadi believes that the ruling on Al-Salami “contradicts the constitutional text. The decision of the Federal Court was clear only in relation to criminal cases, but the wrong court deviated from this limit and violated the laws.”

The lawyer confirmed the “opportunity to appeal before the Garg Appellate Court in its prerogative capacity”, expecting “the decision to be in his favour”.

In May 2021, the Federal Court issued a ruling on the immunity enjoyed by members of parliament, requiring the consent of the House of Representatives to waive the immunity of a representative in only one case, which is “the issuance of an arrest warrant for a crime of the type of crime without evidence,” and “no immunity for members of the House of Representatives.” Nor power” and if any of them is charged with a flagrant delicto, misdemeanor, direct legal action may be taken against them. Crime, or trespass.

Parliament discriminates

The Iraqi parliament decided to revoke the prison sentence imposed on Hadi al-Salami. Mohsen Al-Mandalavi, acting speaker of the House of Representatives, said in a statement, “The decision issued against Al-Salami was issued by the Gharg Mistimener Court, which specializes in integrity cases, and can be appealed on a case-by-case basis. We have directed the legal department to cooperate with the representative for the purpose of determining this judgment.

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He added, “The Misdemeanor Court of Integrity did not ask the House of Representatives to waive the representative's constitutional immunity, relying on the Federal Court's ruling that if the courts had allowed judicial proceedings against the representative, there was no need to waive his immunity. This matter relates to a misconduct or violation.

“The leadership of the House of Representatives is very keen to support and assist the representatives in exercising their supervisory and legislative role in accordance with the Constitution and the House's by-laws,” Al-Mandalavi stressed.

Commerce Minister Athir Dawood (State Media)

Trade: Rep. Fake

For its part, in a statement issued by the Ministry of Commerce, the ruling issued against Representative Hadi Al-Salami was issued “in consideration of the use of a text attributed to the Federal Office of Financial Supervision, which was later found to be forged. The submission of these documents tarnished and harmed the reputation of the Ministry and its symbols and public with intent to mislead opinion.

Denying reports by Iraqi media that Rep. Hadi al-Salami was convicted in a defamation case against the food basket, the ministry said, “The ruling against the Rep. was in accordance with the provisions of the article. 331 of the Code, which deals with breach of duty by the representative with intent to harm the welfare of an individual.

Judgment angers MPs

The verdict issued against al-Salami angered many MPs, and Sarwa Abdel Wahed, head of the “New Generation” parliamentary committee, said: “After issuing a detention order against MP Hadi al-Salami, the parliament needs to review several files related to the ration card. The minister should be investigated.

Representative Majid Shangali blamed the parliament after the verdict was announced and in a tweet on the “X” site, said, “Parliamentary power has become the weakest link in the political system and should be supreme under the parliamentary system.”

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Former Yazidi MP, Saeb Khader, in a similar tweet, said, “The people are the source of authority, and the representative represents the people who gave him the power to represent; therefore, he should enjoy immunity and freedom of expression and exercise his oversight role through the rule of law.”

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