Federal Supreme Court explains justifications for overturning a decision of the former regime contrary to the Constitution

 

    On Monday, the Federal Supreme Court announced the justification for overturning the 1994 decision of the dissolved Revolutionary Command Council (120), attributing the reason for its conflict with the Constitution, Islamic law, and international human rights conventions.

"The court overturned the decision of the dissolved Revolutionary Command Council (120) of 1994 for objective and realistic reasons," the director of the court's media office said, adding that "the court found a conflict between this decision with the provisions of articles (37-46) of the Constitution that affirmed human freedom and dignity and deprived all kinds of psychological and physical torture."

"The repealed resolution is contrary to Iraqi legislative policy, including its violation of article 43 of the Implementation Law of 1980, and the provisions of the Government Debt Collection Law No. 56 of 1977," he said, adding that "the decision violated the principles of human rights and international conventions, as well as violating Islamic law, primarily the jurisprudence rule (grant time until he gains enough fund)."

"The Federal Court decided that the decision was unconstitutional after analyzing the results of its application, and it was realistically applied to all those who ended their criminal sentences and the state became indebted and had no money to pay the debt from," he said.

He noted that "the well-off who have terminated their criminal sentences that they, their relatives or relatives have paid the state what they claim and remain imprisoned or detained by the insolvent debtor who has no money."

"In addition to losing the money that the debtor has put his hand on in one way or another, the state is charged with spending on his prison food, drink and clothing, to an invisible extent, at the same time dispersing his family, and some of them may have deviated because of the absence of the breadwinner," he said, asking, "Does justice require that the insolvent debtor continue his infinite imprisonment?"