Statement on CoI call to enact laws in fighting corruption, not including its crimes in General Amnesty Law
Dec 21 , 2017

Through its belief that the responsibility for fighting corruption is a solidarity everyone contributes to; and from its national and legal responsibility that obliges it to take the necessary measures in order to limit the paths of corruption, preserve public money and to do any work that contributes to fighting or preventing corruption – CoI renews its call for the revered Council of Representatives to extend a helping hand to the national oversight bodies by enacting a set of anti-corruption legislations and laws so that to remedy the shortcomings of the current legal system, especially that CoI had proposed many draft laws that contribute to limiting the paths of corruption, and submitted them to the concerned authorities, such drafts are awaiting ratifications. Noteworthy to mention some of these drafts including; draft to amend the General Amnesty Law No. 64 of 2016 so as to place an amendment on item (10) of article (4) in order not to include corruption crimes in the provisions of the General Amnesty Law; draft to amend the Criminal Procedures Code (amend) no.23 of 1971; draft to amend the Penal Code (amend) no.111 of 1969; draft to amend the Law of Illicit Gains; draft to amend the Fining Law no.31 of 2015; draft to amend the Public Servants and Public Sector Disciplinary Code (amend) no. 14 of 1991; draft law of the Right to Access to Information Law; and a set of other draft bills prepared by CoI and repeatedly called for ratifying them.

COI also renewed its call for the honest Council not to include corruption offenses under the provisions of the Amnesty Law. COI as a competent authority expressed its refusal to include corruption offenses under the provisions of the Amnesty Law, this is considered a waste of the strenuous efforts made by the national oversight bodies. COI mentioned that the inclusion of these crimes with Amnesty Law will generate boldness in corruptors to repeat their excesses on public money as well as COI diagnosed absence of the Amnesty Law of any wisdom or philosophy of legislation justify covering the corruption crimes, especially in the current circumstances of the country who is in dire need of concerted efforts of his sons for fighting the corruptors, not release the perpetrators of corruption crimes. In addition, the inclusion of corruption crimes in the amnesty creates negative repercussions for Iraq`s reputation in international forums.

COI expresses its concern of including many of the corruption crimes investigated and referred to the courts with Amnesty Law, accordingly, the judiciary is legally obliged to apply the amnesty law, which leads to stop the Commission`s efforts in investigating corruption crimes, especially so-called large corruption.

The said law will also lead to loss the Commission efforts in the files of recovery and extraditing the convicts. COI is making strenuous efforts to persuade the other countries to extradite the convicts. How can one accept the inclusion of some of these in the amnesty law if they were extradited !?.

COI renewed its call to the Representatives Council to accelerate amending the amnesty law in order not to include corruption crimes under its provisions since the law leads to disrupt the efforts of anti-corruption and to limit the role of the national oversight bodies.

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