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.

 

Senior Saudi prince blasts Trump's "opportunistic" Jerusalem move

Kuwait ruler’s son named defence minister

Israel PM faces renewed pressure in Europe

Bahraini civil society group criticised after Israel visit

Saudi Arabia lifts decades-long ban on cinemas

EU says Syria war ‘ongoing’ despite Russia pullout

Istanbul nightclub gunman refuses to testify

Integrating Syrians in Turkey carries implications

US opinion views Muslims and Arabs more favourably but political affiliation makes a difference

Iranian conservative protesters say Trump hastening end of Israel

Jordan referred to UN for failing to arrest Sudanese president

Turkey demands life for journalists in coup bid trial

Netanyahu expects EU to follow suit on Jerusalem

Putin orders withdrawal of ‘significant’ amount of troops from Syria

Putin to meet with Sisi in Cairo

GCC at a critical juncture

Houthi rebels tighten grip on Sanaa after Saleh’s assassination

Israel’s Syrian air strikes risk renewing escalation as Iran expands presence in Golan

Qatar to acquire 24 Typhoon fighters from UK

Palestinian stabs Israeli guard in ‘terrorist’ attack

UAE’s Sheikh Mohammed says US Jerusalem decision could help terrorists

Fateh encourages more protests, refuses to meet Pence

Chinese electric carmaker to open Morocco factory

Iraqi victory over IS remains fragile

Morocco’s renewed ties with South Africa likely to consolidate support for Western Sahara stance

Lebanese security forces fire tear gas at protestors

Syria’s justice system: ‘working without a written law'

Egypt revives controversial desert capital project

Iran sentences fugitive ex-bank chief to jail

Iraq announces 'end of the war against Daesh'

Israeli air strike kills 2 in Gaza

UK foreign minister in Iran to push for Briton's release

Turkey's Erdogan seeks to lead Muslim response on Jerusalem

Iraqi Christians celebrate in town retaken from IS

Isolated US defiant at UN Security Council

Putin to visit Turkey for talks on Jerusalem, Syria

Protests sweep Muslim world over Jerusalem

US urges Saudi to show caution in regional disputes

Thousands march in Istanbul to protest US Jerusalem move

Bahrain Shiite leader undergoes surgery

Malaysians, Indonesians protest US move on Jerusalem

EU, Jordan voice backing for Palestinian state

Clashes in West Bank over US Jerusalem move

Macron appeals for calm over US Jerusalem embassy move

World leaders to 're-legitimise' Lebanon PM at Paris talks