Nineveh begins retrials under amended Amnesty Law
Shafaq News/ The Nineveh Court of Appeal announced on Tuesday that it has begun the retrial process for the first eight convicts in the province, following the recent amendments to Iraq’s General Amnesty Law.
“The procedures are being carried out in accordance with the instructions of the central committee responsible for implementing the amended General Amnesty Law,” a spokesperson for the court told Shafaq News.
The spokesperson also explained that the court had formally reached out to Baghdad to complete the legal and technical steps needed for the retrials. “These individuals were previously convicted under Article 4 of the Anti-Terrorism Law, and the process now requires a full review of the previous verdicts to ensure they are in line with the recent amendments to the law,” the spokesperson said.
The retrials are being initiated in response to legal challenges to the original convictions. “The reopening of these cases is based on objections regarding the legal foundations of the previous rulings,” the spokesperson explained. The cases are also being revisited under Article 9 of the amnesty law, which allows for retrials when past verdicts are found to be legally inconsistent.
On January 21st, Iraq’s parliament passed several contentious laws, including amendments to the General Amnesty Law, changes to the Personal Status Law, and a law on property restitution in Kirkuk.
In response, Iraq’s Federal Supreme Court annulled on Tuesday, a previous injunction that had suspended the implementation of these three laws. The court emphasized that any law passed by parliament must align with the constitution. “The suspension of these laws is not permissible,” the court ruled, underscoring that legislation must comply with constitutional requirements.
Last week, the court temporarily halted the enforcement of these laws after their passage by parliament. However, the Supreme Judicial Council clarified that laws cannot be suspended before being published in the official gazette. “The courts are required to enforce the amended General Amnesty Law,” a representative from the Supreme Judicial Council stated.
Despite the Federal Supreme Court’s objections, Iraqi courts began enforcing the revised General Amnesty Law last Thursday, following the Supreme Judicial Council’s instructions.
