Notice regarding the court's decision to overturn Diwani's order to form a permanent committee to investigate corruption cases

          The Federal Supreme Court issued its decision in the number (169/federal/ 2021) on 2 March 2022, which included the invalidity of Diwani Order No. (29) Issued by the Prime Minister's Office on 27 August 2020 and its cancellation as of the date of the decision of this court mentioned the following summary reasons:

First: Violation of the Diwani order of the provisions of articles (19, 37, 38, 47, 80, 87, and 88) of the Constitution of the Republic of Iraq for violating the principle of separation of powers, and undermining the freedom and dignity of the human being, and the independence of the judiciary.

Second: The Integrity Commission is a constitutionally independent body under article (102) of the Constitution of the Republic of Iraq, and its existence is intended to combat and prevent corruption, and its Bylaw may not be removed by de-judicial order, as this amount to an amendment to the illicit gain and Integrity Commission Law No. 30 of 2011 amended.

Third: The main factor in combating corruption is the need for political will to confront it by rooting out its causes and eliminating its consequences, and that corruption, if marginal, indicates a strong political will that believes in the rise of the nation and the good of the citizen, but the spread of corruption shows that it is weak and cannot build the country properly.

Fourth: The fight against corruption requires that high administrative positions be assigned to competent, fair, scientific, and experienced persons, away from narrow factional political interests, where the public service with corruption is transformed from a means of managing and serving public affairs, from being a legal mandate and a sacred national secretariat to a commodity traded for the private interest at the expense of the public interest.

Fifth: The seriousness of tackling and combating corruption requires adherence to constitutional and legal rules, respect for the rule of law, support for all institutions authorized by the Constitution and the law to combat corruption and prevent its causes.