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Kurdistan Democratic Party Member Warns of Federal Supreme Court’s Threat to Iraqi Democracy

Gulan Media April 2, 2024 News
Kurdistan Democratic Party Member Warns of Federal Supreme Court’s Threat to Iraqi Democracy

In a recent article published by Fikra Forum, Dr. Hemin Hawrami, a member of the Kurdistan Democratic Party (KDP) Politburo, has raised concerns over the Federal Supreme Court's (FSC) role in undermining democracy within Iraq. Emphasizing the pivotal role of the Supreme Court as the highest judicial authority in any country, Hawrami highlighted the current situation in Iraq as a clear example of the dangers posed by its reverse function.

The article provided a historical context, tracing the establishment of the Federal Supreme Court back to the 1925 Constitution, which endured until Saddam Hussein's regime purged its independence in 1979. Following the fall of the Ba’ath regime, the court was reinstated under transitional provisions, with plans for its replacement after the adoption of the 2005 Constitution.

However, Hawrami pointed out that subsequent amendments to the Federal Supreme Court, notably through Law No. 25 of 2021, lacked proper procedures and bypassed constitutional mandates. These amendments disrupted the representativeness of the court by removing the Kurdistan Region's right to appoint members, upsetting Iraq's ethnic and religious balance.

Furthermore, the article highlighted instances where the FSC overstepped its mandate, expanding its powers into areas such as constitutional amendment and legislative monitoring. This expansion of authority, coupled with biased rulings favoring certain political factions, has raised concerns about the court's neutrality and adherence to constitutional principles.

Of particular concern is the FSC's self-assumed role in amending the Constitution, as well as its involvement in political disputes, including the manipulation of presidential elections and government formation mechanisms.

In response to these issues, Hawrami called for urgent reforms to uphold the separation of powers and prevent the continued politicization of the Federal Supreme Court. He emphasized the importance of proper judicial oversight and adherence to the rule of law in maintaining Iraq's constitutional democracy.

The article concluded with a call for a comprehensive review of the FSC's actions, urging Iraqi authorities to address the court's overreach and restore public trust in the judicial system.

In light of these developments, one of the Kurdish judges on the FSC has resigned in protest, underscoring the gravity of the situation and the need for immediate action to safeguard Iraq's democratic institutions. 

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