Baghdad military Ahmed
According to the text of a statement of the Prime Minister of Iraq, which the network “toss” News received a copy of it, “Dr. Haider Abadi, the prime minister signed an order Dioanaa call (57) includes accelerating the release of detainees who were court orders to release them within a maximum period of six months.”
The statement further decisions regarding the legal procedures to be followed in the arrest and the arrest and detention by the authorities concerned issues, and contrary to what the security forces in the reign of Tantjha, Nuri al-Maliki.
Publishes “toss” in Diwani command text comes, concerning the conditions and controls the arrest:
Based on the requirements of the public interest, and based on the powers conferred by Article 78 of the Constitution, we have decided the following:
First – is not permitted to arrest or detention of any person except in accordance with an order issued by the competent judge or the competent court or in cases where the law permits it, including articles (102.103) of the Criminal Procedure Code.
Secondly – the party that carried out the arrest or detention and suspended the registration of the name and place of suspension caused by legal and material suspended them during the period of (24) hours from the time of arrest in a central electronic record and a manual by the Ministry of Justice introduced and management.
Thirdly – and the Ministries of Defense, Interior and National Security shall establish controls and mechanisms of the instigators of the registration of detainees in the Central Registry.
Fourth – is not permitted to do any non-party in the above from this arrest or detention.
V – The arrest outside the cases provided for in this matter of the kidnapping and detention of persons of criminal cases and referred responsible for them to justice.
VI – to speed up the release of detainees who were issued court orders for their release during a maximum period of one month to make sure there Mtlubithm other pending issues, The Minister of Justice so, that raises a monthly report to the Prime Minister in this regard.
Seventh – Without prejudice to the legal provisions in force, is not permitted to increase the total extended detention to a quarter of the maximum penalty does not exceed in any case six months and Aasah extension of detention for more than six months except with the permission of the criminal court that does not exceed a quarter of the maximum penalty, or decide to launch released on bail or without taking into account the provisions of paragraphs (b) and (c) of Article 109 of the Criminal Procedure Act No. 23 of 1971.
Sees legal experts and human rights organizations Iraqi and international, that the detainees in Iraqi prisons at the time, the former prime minister, Nuri al-Maliki, the majority of the year, not charging them according to the law, and to estimates their numbers up to tens of thousands.
Outlines Zahid Abdul Wahid, the legal expert, the reasons for the reluctance of the release of detainees who have not been proven guilty, and languishing for years in prisons and detention centers, some unknown and secret.
He says Abdul Wahid, in an interview with the network, “toss” the news, that the reasons for the release of detainees, political, not security, “the main reason for the delay in the completion of unforeseen lawsuits before the investigating judges is not to attend the confidential informant who told the accused or the crime incident delayed the investigation for several months because of does not audit his testimony and that requires treatment by updating the law or issuing new instructions. “
He adds, “The second reason is the lack of presence of detachments that arrest of the accused as the detachment is a variable and difficult to attend before the investigating judge, in addition to the delay in the investigation based on the width of the accused competent judge.”
The voyager legal expert, “many other reasons to prevent the release of those detained under the previous Maliki government, including the failure to inform the families of the detainees to places of detention or their relatives to contact them by phone or watching.
Besides deliberate reluctance to release the detainees after their release orders issued by the competent judge without legal basis. “
There were reports of torture and executions against the detainees of the year operations have not proven guilty but have not been legal charges, amid claims the process of comprehensive reform of the Iraqi judicial institutions, as implemented by the two institutions within Abadi Alomnatin, defense and interior.