Central Criminal Court of Iraq

Last updated

The Central Criminal Court of Iraq, or CCCI, is a criminal court of Iraq. The CCCI is based on an inquisitorial system and consists of two chambers: an investigative court and a criminal court. The court was created by the Coalition Provisional Authority in 2003 to handle cases involving serious crimes such as governmental corruption, terrorism and organized crime that were previously handled by governorate level judges in the ordinary criminal courts. Candidates for the judiciary had to be an Iraqi national of high moral character and reputation, a non-member of the Ba'ath Party, demonstrate a "high level of legal competence", and sign an oath of office. [1]

Contents

Criticism

There has been criticism of the court, as well as the broader judiciary of Iraq. The New York Times published an investigative article critical of the court, [2] and Human Rights Watch has said that: [3] [4]

The CCCI is the country’s flagship criminal justice institution. Yet it is an institution that is seriously failing to meet international standards of due process and fair trials. Defendants often endure long periods of pretrial detention without judicial review, and are not able to pursue a meaningful defense or challenge evidence against them. Abuse in detention, typically with the aim of extracting confessions, appears common, thus tainting court proceedings in those cases.

The United Nations Assistance Mission in Iraq recommended that the government "review procedures before criminal courts and adopt measures consistent with minimum standards for fair trial; adopt measures to ensure basic rights for defendants, including timely and adequate access to defence counsel, and continuity of representation by counsel at all stages of the proceedings; give consideration to implementing a moratorium on the death penalty pending a thorough review of legal proceedings followed at both pre-trial and trial stages." [5] [6]

See also

Related Research Articles

In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded or pled guilty, not guilty, nolo contendere, no case to answer, or Alford plea.

Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings. In absentia is Latin for "in (the) absence". Its meaning varies by jurisdiction and legal system.

The Iraqi High Tribunal (IHT), formerly the Iraqi Special Tribunal and sometimes referred to as the Supreme Iraqi Criminal Tribunal, is a body established under Iraqi national law to try Iraqi nationals or residents accused of genocide, crimes against humanity, war crimes or other serious crimes committed between 1968 and 2003. It organized the trial of Saddam Hussein and other members of his Ba'ath Party regime.

<span class="mw-page-title-main">Guantanamo military commission</span> U.S. military tribunals

The Guantanamo military commissions were established by President George W. Bush – through a military order – on November 13, 2001, to try certain non-citizen terrorism suspects at the Guantanamo Bay prison. To date, there have been a total of eight convictions in the military commissions, six through plea agreements. Several of the eight convictions have been overturned in whole or in part on appeal by U.S. federal courts.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in the criminal legal system of England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

<span class="mw-page-title-main">Trial of Saddam Hussein</span> 2005–2006 trial by the Iraqi Interim Government

The trial of Saddam Hussein was the trial of the deposed President of Iraq Saddam Hussein by the Iraqi Interim Government for crimes against humanity during his time in office.

<span class="mw-page-title-main">Criminal justice system of Japan</span>

Within the criminal justice system of Japan, there exist three basic features that characterize its operations. First, the institutions—police, government prosecutors' offices, courts, and correctional organs—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the shared goals of limiting and controlling crime. Second, citizens are encouraged to assist in maintaining public order, and they participate extensively in crime prevention campaigns, apprehension of suspects, and offender rehabilitation programs. Finally, officials who administer criminal justice are allowed considerable discretion in dealing with offenders.

In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. Of the 194 constitutions currently in force, 153 have language to this effect.

<span class="mw-page-title-main">Judiciary of Israel</span> Part of the article of the series of government of Israel

The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.

<span class="mw-page-title-main">Criminal Justice Act 2003</span> United Kingdom legislation

The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.

<span class="mw-page-title-main">Judicial reform of Alexander II</span>

The judicial reform of Alexander II is generally considered one of the most successful and consistent of all his reforms. A completely new court system and order of legal proceedings were established. The main results were the introduction of a unified judicial system instead of a cumbersome set of estates of the realm courts, and fundamental changes in criminal trials. The latter included the establishment of the principle of equality of the parties involved, the introduction of public hearings, the jury trial, and a professional advocate that had never existed in Russia. However, there were also problems, as certain obsolete institutions were not covered by the reform. Also, the reform was hindered by extrajudicial punishment, introduced on a widespread scale during the reigns of his successors – Alexander III and Nicholas II.

<span class="mw-page-title-main">Mohammad Munaf</span>

Mohammed Munaf is an Iraqi–American terrorist convicted in 2008 for his role in the March 2005 kidnapping of three Romanian journalists in Iraq. He was convicted of terrorism charges in Romania and served 7 out of the 10 years of his sentence and was freed on July 6, 2022. In addition to his conviction in Romania, he was sentenced to death by an Iraqi court in October 2006 for his involvement in the kidnapping of the Romanian journalists in 2005, but his conviction was vacated on technical grounds by the Iraqi Court of Cassation on February 29, 2008, and remanded to the lower court for retrial. His habeas corpus petition to prevent his transfer to the Iraqi government was heard by the U.S. Supreme Court, which denied certiorari; the U.S. Court of Appeals ruling in Munaf v. Geren, which rejected Munaf's claims and ruled that his transfer to Iraqi custody was legally valid, was therefore allowed to stand.

<span class="mw-page-title-main">Pre-trial detention</span> Detention after arrest and charge until a trial

Pre-trial detention, also known as preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.

<span class="mw-page-title-main">Judiciary of Niger</span> Judiciary body of Niger

The current judiciary of Niger was established with the creation of the Fourth Republic in 1999. The constitution of December 1992 was revised by national referendum on 12 May 1996 and, again, by referendum, revised to the current version on 18 July 1999. It is an inquisitorial system based on the Napoleonic Code, established in Niger during French colonial rule and the 1960 constitution of Niger. The Court of Appeals reviews questions of fact and law, while the Supreme Court reviews application of the law and constitutional questions. The High Court of Justice (HCJ) deals with cases involving senior government officials. The justice system also includes civil criminal courts, customary courts, traditional mediation, and a military court. The military court provides the same rights as civil criminal courts; however, customary courts do not. The military court cannot try civilians.

<span class="mw-page-title-main">Human rights in Chile</span>

Concerns about human rights in Chile include discrimination against indigenous populations; societal violence and discrimination against women, children, and lesbian, gay, bisexual, and transgender (LGBT) people; child labor; and harsh prison conditions and treatment. Additional human rights concerns in the country include use of excessive force and abuse by security forces, isolated reports of government corruption, and anti-Semitism. Authorities generally maintain effective control over the security forces. However, security forces occasionally commit human rights abuses. The government generally takes steps to prosecute officials who commit abuses. Nevertheless, many human rights organizations contend that security officials accused of committing abuses have impunity.

Munaf v. Geren, 553 U.S. 674 (2008), is a United States Supreme Court case where the court unanimously concluded that the habeas corpus statute, 28 U.S.C. § 2241(c)(1), extends to U.S. citizens held overseas by American forces subject to an American chain of command, even if acting as part of a multinational coalition. But, it found that habeas corpus provided the petitioners with no relief, holding that "Habeas corpus does not require the United States to shelter such fugitives from the criminal justice system of the sovereign with authority to prosecute them."

The 100 Orders are "binding instructions or directives to the Iraqi people that create penal consequences or have a direct bearing on the way Iraqis are regulated, including changes to Iraqi law" created in early 2004 by Paul Bremer under the Coalition Provisional Authority in Iraq. The orders called for the de-Baathification of Iraq as well as extensive economic changes. Most of the economic changes are focused on transitioning the economy of Iraq from a centrally planned economy to a market economy, as outlined in the contract by BearingPoint:

<span class="mw-page-title-main">Ampon Tangnoppakul</span>

Ampon Tangnoppakul, commonly known in Thai as Ah Kong or in English as Uncle SMS, was a Thai national accused of sending four Short Message Service (SMS) messages from his cell phones to Somkiat Khrongwatthanasuk, secretary of then Prime Minister Abhisit Vejjajiva that were deemed offensive to the King and Queen of Thailand, as proscribed by section 112 of the Criminal Code of Thailand and the law on computer-related offences. Having been found guilty of four charges in November 2011, he was sentenced by the Criminal Court to four consecutive five-year terms, for a total of twenty years in prison. His death in prison during the first year of his sentence attracted national and international criticism, prompting a national discussion of Thailand's lèse majesté law.

Bail in the United States refers to the practice of releasing suspects from custody before their hearing, on payment of bail, which is money or pledge of property to the court which may be refunded if suspects return to court for their trial. Bail practices in the United States vary from state to state.

The judiciary of Iraq is a branch of the government of Iraq that interprets and applies the laws of Iraq, to ensure equal justice under law, and provides a mechanism for dispute resolution. The judiciary is composed of the Higher Judicial Council, the Supreme Court, the Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, the Supreme Iraqi Criminal Tribunal, the Central Criminal Court and other courts that are regulated by law.

References

  1. CPA Order Number 13, as amended on 2006-04-22.
  2. Moss, Michael (2006-12-17). "Iraq's Legal System Staggers Beneath the Weight of War". The New York Times . But like the faltering effort to create effective Iraqi security forces, the system for detaining, charging and trying suspects has instead become another weak link in the rule of law in Iraq, according to an examination of the justice system by The New York Times.
  3. The Quality of Justice: Failings of Iraq's Central Criminal Court
  4. HRW Press Release
  5. United Nations Assistance Mission in Iraq 13th report on the human rights situation in Iraq Archived December 9, 2008, at the Wayback Machine
  6. United Nations Assistance Mission in Iraq Press Release Archived December 10, 2008, at the Wayback Machine