National Center for Legal & Judicial Research and Studies
In the Name of Allah the Most Gracious and Most Merciful
The Honorable President of the Public Prosecution of Iraq …
Re. / Complaint
Request to Process Complaint: The National Center for Legal and Judicial Research and Studies, an Iraqi non-governmental organization registered according to the law, and as represented herein by its Secretary-General, the former Judge Raheem Hassan Al Igeeli, and by its Deputy-Secretary-General, the Attorney Kamel El Hassani, with its address at Haifa Street, Baghdad, Iraq.
Defendant: Nouri Kamel Al Maliki, Former Prime Minister of the Council of Ministers and Commander-in-Chief of the Armed Forces, current Iraqi Vice- President, with his address at Al Dustur Street, Baghdad International Zone, Iraq.
Jurisdiction of Complaint:
Defendant “Nouri Kamel Al Maliki” assumed the post of Prime Minister of the Council of Ministers and Commander-in-Chief of the Armed Forces of Iraq between the years 2006-thru-2014, and during the period of his governance committed numerous of egregious violations and crimes.
And whereas the post of Commander-in-Chief of the Armed Forces is a civilian post pursuant to the provisions of Article 9 (First) (A) of the Constitution, which states:
“The Iraqi armed forces and security services will be composed of the components of the Iraqi people … [and] they shall be subject to the control of the civilian authority….”
Therefore, there does not exist any legal basis for stating that the charges against the Commander-in-Chief of the Armed Forces fall within the jurisdiction of military justice; because it is a civilian post and such jurisdiction is exercised over internal security forces and military tribunals for crimes committed exclusively by the military.
And whereas the Constitution states in its Article 93 (Sixth) that the Federal Supreme Court shall have jurisdiction over: “Settling accusations directed against the President, the Prime Minister and the Ministers …,” to assert that the charges against the Defendant,
which include high treason, fall within the jurisdiction of military justice would constitute a disclaimer by the Judiciary of its performance of its constitutional responsibilities and hence amount to an attempt to abandon its confrontation of the people’s causes.
Thus, we request the institution of legal procedures and processing of criminal charges against the Defendant for the following crimes: (16 pages)