2023-11-29 18:06:08
November 29, 2023
Baghdad/Al-Masala Al-Hadath: Demands continue in the political arena, to reveal all the legal and constitutional violations and violations passed by former Parliament Speaker Muhammad Al-Halbousi, before the Federal Court’s decision to terminate his membership in Parliament.
Parliamentary statements indicate that Al-Halbousi was in control of the presidency of Parliament and hid official letters related to changing the heads of some parliamentary committees.
Member of the House of Representatives, Thaer al-Jubouri, said that Al-Halbousi protected himself from the Federal Court by hiding official letters related to changing the heads of some parliamentary committees, indicating that all these violations will be revealed before the Iraqi people and public opinion.
Academic Jihad Al-Salmani believes that Al-Halbousi has become an incomplete past tense, but he must be held accountable for his betrayal, corruption, and exploiting his position to seize control of the capabilities of Anbar, Nineveh, and Salah al-Din.
Article 142 of the Iraqi Constitution stipulates that “The President of the Republic, the Prime Minister, the Speaker of the House of Representatives, the heads of the standing committees and their members, the ministers, advisors, judges of the Federal Court of Cassation, judges of the Federal Judicial Court, governors, and the Public Prosecutor are in the position of the judiciary, and may not be arrested, detained, or Investigate them except by order of the House of Representatives, unless the accused has been caught red-handed committing a crime against honor or trust, in which case he may be arrested, detained, or investigated by order of the House of Representatives or the President of the Republic based on a reasoned request from the Minister of Justice.”
Based on this article, former Iraqi Parliament Speaker Muhammad al-Halbousi, in his capacity as Speaker of the House of Representatives, enjoyed judicial immunity, and may not be arrested, detained, or investigated except by order of the House of Representatives.
However, on July 20, 2023, the Federal Supreme Court issued a decision to dismiss Al-Halbousi from his position as Speaker of the House of Representatives, and to terminate his membership in the Council. The court based its decision on the illegality of Al-Halbousi’s election as Speaker of the House of Representatives, due to his not obtaining a majority of the votes of the members of the House.
Based on this decision, Al-Halbousi lost the parliamentary immunity he had enjoyed, and it became possible for him to be arrested, detained, or investigated.
There are many possibilities on how to deal with the legal and constitutional violations and violations committed by Al-Halbousi. It is possible that he will be held accountable through the Iraqi judiciary, by submitting a complaint against him to the Public Prosecution, which in turn will refer the case to the Federal Court of Cassation.
It is also possible for him to be held accountable through the House of Representatives, by forming an investigation committee to examine the violations and violations he committed, and submit its recommendations to the House. The Council may decide to refer Al-Halbousi to the judiciary, or take other action against him, such as withdrawing parliamentary immunity from a member of the Council.
It remains up to the competent Iraqi authorities to take the appropriate decision on how to deal with the legal and constitutional violations and violations committed by Al-Halbousi.
The most likely scenario is that Al-Halbousi will be referred to the Iraqi judiciary, and an investigation will be opened against him regarding the violations and violations he committed. The investigation may result in charges being brought against him and his being brought to trial.
Prepared by Muhammad Al-Khafaji
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