Iraqi courts implement Amnesty Law following Judicial Council directives

Shafaq News/ On Thursday, Iraqi courts confirmed their commitment to implementing the General Amnesty Law in accordance with the directives of the Supreme Judicial Council.

The law aims to grant amnesty for certain offenses, explicitly excluding individuals involved in terrorism, violent acts, and drug offenses from receiving any form of amnesty.

According to official documents, the Najaf Criminal Court confirmed the application of General Amnesty Law No. 27 of 2016 (second amendment), which came into effect on January 21, 2025, for the cases presented before it, in line with the instructions issued by the Supreme Judicial Council, emphasizing the “enforcement of these directives at the criminal court level.”

The Presidency of the Diwaniya Appeals Court also directed the implementation of the second amendment to the law based on the provisions issued by the council.

On Feb. 4, the Federal Court decided to suspend the implementation of controversial laws, including the Amnesty Law, raising tensions within political circles. However, Iraq’s Supreme Judicial Council ruled on Wednesday that laws passed by parliament cannot be suspended before their official publication in the government gazette, arguing that the court's ruling lacked legal grounds, as it targeted non-enforceable laws. It also affirmed that the Iraqi courts are obligated to implement the amended General Amnesty Law.

Despite the Council's remarks, the Federal Court reaffirmed that its rulings, including injunctions, are “final and binding on all authorities,” citing Article 94 of the 2005 Iraqi Constitution.

The Judiciary Instructions

The judiciary, according to a statement and documents, decided on Monday that the Presidency of the Appeals Court should form one or more central committees in each appellate region, composed of three first- or second-degree judges, which will be responsible for reviewing requests for reinvestigation and retrial under the provisions of Article 9, Section 1, of the Second Amendment to the Amnesty Law.

These committees will reportedly handle cases from internal security or military courts within their territorial jurisdiction.

1. Cases still under investigation or trial will be decided by the aforementioned courts, which will determine whether the defendant qualifies for the general amnesty.

2. Cases with non-final judgments or absentia rulings will be reviewed by the courts that issued them.

3. Cases with final judgments will be reviewed by the central committee formed for this purpose within the Presidency of the Appeals Court, and amnesty decisions will only be implemented once they become final.

4. Rulings from criminal courts with requests for reinvestigation or retrial will be reviewed by the central committee at the Presidency of the Appeals Court, regardless of whether the rulings are final or still under appeal. Decisions will not be implemented until they become final.