First Published: 2012-06-21

 

Hashemi’s trial sparks division over Iraqi judiciary

 

Trial of Sunni Vice President Hashemi sets off division over Iraq's judiciary, with his supporters criticising it as politicised while others defend courts.

 

Middle East Online

By Mohamad Ali Harissi – BAGHDAD

Hashemi trial: Politicised or neutral?

The trial of Sunni Vice President Tareq al-Hashemi has sparked division over Iraq's judiciary, with his supporters criticising it as politicised while others defend the courts.

Hashemi, a member of the secular Sunni-backed Iraqiya bloc, fled to the autonomous Kurdistan region of northern Iraq after being accused in December of running a death squad, and subsequently left the country.

Hashemi, his staff and his bodyguards face around 150 charges, which he insists are politically motivated. He is being tried in absentia.

"All evidence during the past months indicates that the judiciary was not successful in many things, and the effect on it of politicisation is clear," Hamed al-Mutlak, a leading MP in the Iraqiya bloc and brother to one of Iraq's deputy prime ministers, said.

"We need a separation of powers and to define responsibilities and stop the interference in the work of the judiciary, which is not up to the standard of the Iraqis, though Iraqis were one of the first peoples to adopt laws," Mutlak said.

Earlier this year, a judge sought to have the immunity from prosecution lifted from another leading Iraqiya MP, Haidar al-Mullah, after he accused the judge of being influenced by Prime Minister Nuri al-Maliki.

When asked about the case, Mullah said that "there is an involvement from the executive authority in the work of judiciary."

However, the Iraqi judiciary also has its defenders, especially among allies of the country's premier.

"The judiciary is very neutral and the procedures are correct, legally and constitutionally," said Alia Nsayef, an MP from the Free Iraqiya bloc, which broke away from Iraqiya and is allied with Maliki.

"Many lawmakers were briefed on the investigations and they noticed through the confessions ... and the evidence of the crimes and the assassinations that the crimes are real," she said.

Judicial spokesman Abdelsattar Bayraqdar also defended the courts.

"The accusations that we face during the period of Hashemi's trial are because of the conflict of interest among politicians," Bayraqdar said.

"The trial is public and if we had anything to hide, we would do it in a different way," he said.

"The judiciary in Iraq is like any judiciary in the world -- it is accused of being politicised by the accused people or those who do not like the sentences."

Hashemi's trial opened in May. The next hearing is scheduled for July 8.

The accusations against Hashemi came amid a broader series of intertwined political crises that began with accusations that Maliki was centralising power and moving toward dictatorship, and have escalated into calls for him to be removed from power.

The Hashemi case is not the first time the Iraqi judiciary has been accused of politicisation in recent years.

The Iraqi courts were accused of being under American influence during the trials of officials from President Saddam Hussein's regime, and especially that of Saddam himself, who was sentenced to death and executed in 2006.

"The judiciary was really under American influence during Saddam's trial and today, it moved from American influence to the influence of the political blocs and their struggles," according to independent Kurdish MP Mahmud Othman.

 

Baghdad says mission accomplished in Kurd operation

US-backed forces announce Raqa recapture

New UN envoy in Rabat to restart talks on WSahara

Iranian guards commander killed in Syria

Jobless Tunisians seek new migration routes to Europe

Iraq calls on BP to help develop Kirkuk oil

Israeli forces raid Palestinian media offices linked to Hamas

French parliament is set to pass new anti-terror law

Israel says no to Palestine talks until Hamas disarms

IS territory down to almost 10% of 2014 ‘caliphate’

Over 3000 civilians flee Raqa under deal with jihadists

Ideology and objectives clash at Deir Ezzor

Erdogan gets Polish backing on Turkey's EU bid

Fitch Ratings says threat to Qatar liquidity fading

Iran warns EU against new nuclear deal conditions

Turkey activists face trial next week under terror charges

Netanyahu presses Russian defence minister on Iran

Hollande slams Trump's hardline stance on Iran nuclear deal

Iraq takes control of two key Kirkuk oil fields

US-backed forces retake Raqa state hospital

Divided Iraq tests limited US influence

Iraqi forces seize Kirkuk governor's office

Iraqi forces seize airport, oil field from Kurds

Saudi Arabia sets conditions to role in Syria reconstruction

In tougher approach, US offers multimillion-dollar reward for Hezbollah operatives

EU ministers join forces in support of Iran deal

Batteries, tape to thank for defeating jihadists in Raqa

Palestinian Authority top official visits Gaza

Israel strikes Syrian anti-aircraft battery in response to shots

Qatar starts to feel pinch from sanctions

Last days of Raqa battles ‘toughest fighting yet’

Omani role has helped Iran but may not do much in crisis with US

Head of IS in Southeast Asia dead

Mogadishu twin bomb death toll at 276

Gazans hope Palestinian reconciliation ends their woes

US-backed forces announce ‘final phase’ of Raqa recapture

Suspicion of football corruption shows limits of Qatar’s ‘soft power’

Schools closed on first day of term in rebel-held Yemen

Iraqi forces in standoff with Kurds in oil-rich Kirkuk

Protests in southern Morocco over water shortages

Iran’s Zarif says Trump speech in violation of nuclear deal

In Egypt, illiteracy rates down but problem remains

ISIS regroups in Libya amid jihadist infighting

Egypt’s Nation’s Future Party seeks to build on youth vote

Qatar freezes assets of royal member over Gulf crisis