Post From Dinar Updates
Chat Room Excerpts & Highlights
rcookie says): THIS PIECE GIVES YOU EVERYTHING ABOUT AMNESTY LAW BACKGROUND HISTORY UP TO TODAY THAT YOU COULD ASK FOR...
rcookie says(): So we found the official discourse deals with some of the political events or armed militias have been doing deeds contained in articles ex itself as «outlaws» and not «terrorists».
Ie, in the heart of the legal maxim to rely on the offense to rely on the status of this action! But that the anti-terror law itself was in order not to the definition of «terrorism», but rather descriptions of «acts of terrorist» uncontrolled is the interpretation of those in power, such as «a terrorist enterprise» (Article II / 1), or «the leadership of a terrorist armed gang» (Article II / 3), or «motivated terrorist» (Article II / 6), or «terrorist motives» (Article II / 7), or «encourage terrorism» (Article II / 8).
Thus, the «violence and intimidation, which aims to spread horror among the people or put their lives and freedoms and security at risk and endanger their property and possessions damaged whatever its motives and its symptoms is to implement the project of a terrorist organizer or individually» once an act of terrorism, and again just «lawlessness», with all the consequent discrimination.
It is clear what we will see in the bill!
Amnesty bill does not reveal a clear philosophy in dealing with the crimes covered by the amnesty, and the crimes are excluded from it.
With the exception of Article 4 / II of the Act, formulated in a precise manner unlike other materials, which assures us it represents the main purpose of the law, nor the rest of the materials represent only smoke bombs to cover up this end!
It is strange that the bill did not proceed to determine the exact nature of the excluded crimes from the amnesty only specific materials, the Article 4 / I, II, III and V the exception of the offenses set forth in the Supreme own trial of former regime Iraqi Criminal Court Act;
and the crimes set forth in the anti-terrorism law ; and offenses against the external security of the state and the internal; and offenses against statutory bodies. Simply no political offense exception of absolute pardon!
The other crimes are excluded from the amnesty did not specify clearly and unequivocally, any limitation on the crime and the legal characterization of flour.
Article 4 / III, for example, excluded the «crimes of drug trafficking» without specifying the legal material relating to this case, and therefore do you meant here exclusively drug or other psychotropic substances?
And excluded Article 4 / Fourth «smuggling of antiquities crimes», does it mean the inclusion of trafficking antiquities amnesty as long as it is not smuggling? Then what about the damaging effects or stolen?
The lack of these crimes pinpointing reflect a desire to blind the one hand, and the desire to be present in the interpretation of the work of the Committee in charge of the application of this law.
The law analysis confirms the absence of a governing philosophy to its articles, otherwise why include, for example, the crime of adultery general amnesty while the crime of sodomy excluded from that?
rcookie says(): You can not stand on the goal of the legislature when it includes crimes such amnesty: murder or attempted; and honor; and the threat; and mischief willful; and theft associated with aggravated; torture; and breach of trust; and forgery; and damage to public property; and crimes against job duties; and interference in freedom of auctions and tenders;
dismantling seals and theft of the papers and things and destroy them; and profiteering; extortion; fraud; fraud; and impersonating functions and attributes; adultery; prostitution; sexual harassment; and false news (private) detective; and mislead the judiciary; and perjury; and perjury; and crimes against the course of justice !
It is also interesting that the bill did not pay attention to the privacy of crimes relating to human rights and public freedoms, especially in light of Iraq's international obligations towards these issues. It says in the report of the Ministry of Human Annual rights for 2010 it has been the inclusion of most of the police, military and security accused of committing crimes of torture against prisoners and detainees during the years 2005, 2006 and 2007, the provisions of the amnesty law, as the year 2010 saw the closure of the investigation of many complaints of torture for the years 2006 and 2007,
also because of including them in the general amnesty law. It is clear that the legislature re-commit the same mistake.
Must also be drawn to the need not to include crimes stilted Penal Code No. 111 of 1969 crimes «staff exceeded their limits» in articles 322 and 324 relating to Pal «catch the person or imprisoned or detained in circumstances other than those prescribed by law»,
or approval of the booking person «without an order of the competent authority» or «abstained on the implementation of an order for his release or retention until after the deadline for his arrest, detention or imprisonment».
Especially in light of the proliferation of illegal prisons in Iraq, and underestimated the provisions issued by the competent authorities and not to implement them.
In the end, when the amnesty law does not cover political figures such as former Vice President Tareq al-Hashemi, or former MP Ahmed al-Alwani, but it includes all the insistence of counterfeiters diplomas who have reached thousands for the purposes of employment in the state, surely there is a structural problem with the Iraqi state as a whole!
rcookie says(): SO....OBVIOUSLY AS YOU CAN SEE...NOT JUST A SIMPLE VANILLA...LIGHT SWITCH ON..LIGHT SWITCH OFF LAWS YOU JUST AMEND AND MOVE ON...
rcookie says():THIS IS AN EXCEPTIONALLY COMPLEX LAW...WITH FAR REACHING CONSEQUENCES THAT WILL IMPACT THEIR SOCIETY FOR A LONG TIME...
rcookie says():AND CAN OBVIOUSLY SEE WHY IT HAS TAKEN SO MUCH TIME AND ELICITS SUCH DEBATE FROM SO MANY ANGLES...
hutch says():THEY ONLY HAVE ONE SHOT AT IT
rcookie says():FROM TORTURE...TO TERRORISM...TO FAKE DIPLOMAS & COUNTERFEITING...
rcookie says():THE APPEAL PROCESS AND IMMUNITY....