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The Supreme Judicial Council issues an explanation on the appeals of the results of the elections and the competence of the judicial committee for the elections

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The Supreme Judicial Council clarified that the jurisdiction of the electoral judiciary is determined by article 8 of the Electoral Commission Law No. (11) of 2007 and its conclusion is that if the participants in the elections are not satisfied with the result obtained they will submit a complaint to the Board of Commissioners, which will make their decision negative or positive according to the evidence provided by the complainant, if the complainant is not satisfied with the decision issued by the Board of Commissioners, he shall appeal it to the Judicial Commission for Elections under Article (8) mentioned above. The court shall decide on this appeal individually with respect of the complainant only within 10 days from the date of referral of the appeal, either supporting or revoking the contested decision according to the facts and evidence provided by the appellant. This method of objecting to the election results is the only method provided by the law of the Electoral Commission No. 11 of 2007 cannot be bypassed to another method because there is no legal basis for the judiciary based on it, there is no text in the law Gives authority to the judiciary to take a general decision to cancel certain results either inside or outside Iraq as required by some, there is also no provision in the law that gives the authority to the judiciary to ask the Commission to re-calculate a certain percentage of the election results .... It is well known to all that the judiciary issued its decisions based on the provisions of the law allowing him to issue the decision in a certain direction and without these texts cannot take an absolute decision cannot be made based on information circulating in the media or just to satisfy a particular desire, noting that the House of Representatives is the one who initiated the law of the amended law of the elections of the House of Representatives No. 45 to the year 2013.Article (5) of this amendment stipulates to cancel the Article (38) and the process of counting and sorting using the electronic results acceleration and thus the House of Representatives canceled under this amendment the process of manual counting and sorting ,as regards the allegation of forgery article(8) of Paragraph(first) of the Electoral Commission Act No. 11 of 2007

Stipulates that the "exclusive authority" of the Board of Commissioners regarding the referral of any criminal case to the competent authorities if there is evidence of misconduct in the integrity of the electoral process. Therefore, everyone must respect and apply this legal provision strictly, and no one could break it

 In case there is a complaint of forgery attributed to the Board of Commissioners, this requires the visit of those who claim this to investigating court to provide evidence to prove the existence of forgery and attributed to the person who did it, at that time the judiciary shall make the appropriate decision against the person who committed the crime of forgery in accordance with the provisions of the Penal Code, which shall either punish or Imprison the person who committed the crime.

The Supreme Judicial Council also explained that the number of complaints submitted to the Board of Commissioners regarding the objection to the election results amounted to (1881) complaints, either appeals to decisions issued in those complaints, which reached the judiciary until 4/6/2018 amounted to (1221) will be resolved during (10) days from the date of their referral to the judiciary. As for the rest of the remaining appeals, the judiciary is waiting to be referred to it by the Board of Commissioners to be settled within the legal period, ie  , 10 days according to the text of Article (8) paragraph (sixth) of the Electoral Commission Law.

 

 

Translated by : salih aghajan

 

 

The Supreme Judicial Co