The Presidency of the Republic clarifies its position on the special session of Parliament
Baghdad / follow-up morning
Once again, the eyes and the hearts of Iraqis towards the Federal Supreme Court to resolve the matter and launch the final statement on the extraordinary session of the House of Representatives called for the Electoral Commission to the counting and counting of the hands of 10 percent of the ballot boxes and the cancellation of elections abroad and displaced and the controversy raised on the elections and appeals, The Presidency of the Republic issued an explanation regarding its position regarding the announcement of the results of the elections and its approach to the Federal Court regarding the extraordinary session of the House of Representatives, noting the existence of “doubts” about the unconstitutionality of the session. Described as “wills” seeking to pass catastrophic errors in the electoral process, which was rejected by the Electoral Commission for elections, pointing to waiting for the opinion of the Federal Court.
Clarify the presidency
, said the presidency in a press statement received «morning»: The «President of theRepublic is the Head of State and the symbol of the nation ‘s unity and represents the sovereignty of the country and oversees the guarantees of adherence to the constitution and including arranges for the presidency of the Republic responsible for the follow – up and monitor all contrary to the principles of the Constitution and the laws in force and the process of construction Democratic state and institutions. ”
The Presidency explained that, “Based on this, the President has followed with interest what happened in the House of Representatives and the Council of Ministers, so the Presidency of the Republic opened the Federal Supreme Court as the judicial body responsible for interpreting the Constitution, and this was in respect of the authority of the judiciary and the obligation to be the key to the maintenance of law and its application, She added that «through the follow-up to what happened in the House of Representatives during the extraordinary session has generated doubts about the unconstitutionality of this meeting and its conduct and the decision taken in accordance with the text of Article (61) of the Constitution, as it is not the Council’s competence to cancel the election results in part or Totally y As stipulated by Article 49 of the Constitution. The IHEC Law No. 11 of 2007 also stipulated a way to challenge the results of the elections by relying on the judiciary. Therefore, the work of the Chamber of Deputies violated the principle of separation of powers and interfered with the jurisdiction and functions of the judiciary .
She pointed out that «the procedure of the House of Representatives to make its extraordinary meeting open contrary to the decisions of the Federal Supreme Court, which had already been separated in that, when it decided unconstitutional to keep the meeting open under its decisions numbered (55 federal / 2010) and (56 / Federal / 2010)» .
The Presidency of the Republic, «As for the decision of the Council of Ministers No. 198 of 2018 in its extraordinary session of 24/5/2018, and to form a higher committee to investigate the irregularities and breaches that took place in the electoral process, the President’s Office inquired at the Federal Court on the constitutionality This committee, which is believed to be contrary to the principles of separation of powers and the provisions of Article (80) of the Constitution, and the intervention of the Council of Ministers work outside his powers, and refer to this regard to Article (8 / IV) of the Independent Electoral Commission Law No. (11) The Council’s decisions may not be appealed Only before the judiciary of the elections).
The Presidency pointed out that «the President of the Republic to address many of the constitutional violations and challenged before the Federal Supreme Court unconstitutional many of the laws and decisions in all cases where the presidency was monitoring what is contrary to the Constitution or restricts freedoms», saying that «stands at one distance Of all and sponsors the democratic process and ensures the peaceful transfer of power does not support any block or a political body or a joint boycott of the elections ».
The President of the Republic supports the adoption of all legal methods and contexts followed by the Independent Electoral Commission for the elections and the judiciary to investigate and prosecute and hold accountable any party that is implicated in such manipulation in the electoral process, The Republic of the Electoral Commission to continue to take all legal procedures to ensure the integrity of the electoral process ».
The Presidency of the Republic, considered in a previous statement, the Parliament’s decision to cancel the results of the elections abroad and some provinces and re-counting and sorting as “contrary” to the Constitution, while the Federal Court asked to express its opinion in the resolution. Statement of Parliament
On the other hand, the House of Representatives said in a statement received by «morning»: «At a time when the House of Representatives and according to the Constitution to defend the course of the political process and correct the errors that marred the electoral process to achieve the right and protect the will of the people, he hoped that the institutions of the state to support this trend And correct errors and abuses in the recent elections, as these institutions are concerned to ensure the application of the Constitution and protect the democratic process and refrain from supporting any attempt to address the constitutional and legal procedures ».
The Council added that “the fraud operations that took place in the elections are damaging to Iraq and the entire political process if they are tolerated and passed.” He pointed out that «the House of Representatives and full constitutional powers to the date of June 30, is continuing to enact laws and take decisions from Which will protect the democratic process and in cooperation with the state’s sovereign and executive institutions. ”
The council called on “the presidency and judiciary authorities to activate their constitutional mission and assume their historic responsibility in a way that protects justice and democracy and cut off the political will that seeks to pass the mistakes that have marred
the electoral process.”
The House of Representatives, completed last Wednesday, the first reading of the proposed amendment to the Third Law of the elections of the House of Representatives No. 45 of 2013, which will require the Electoral Commission for elections, if approved, to re-counting and manual sorting of all polling stations in Iraq, Which is expected to witness the second reading of the bill. UNHCR Conference For its part, the Independent High Electoral Commission rejected the decision of the House of Representatives to cancel part of the results of the legislative elections and the manual counting of some funds.