Iraq's Amnesty Law: A high-stakes legal battleground amid the "Basket System"

Shafaq News/ Iraq’s long-debated General Amnesty Law is once again at the center of political tension, with deep divisions over its provisions threatening to delay its passage.

Amid ongoing disputes over proposed amendments and the controversial use of the "basket system" to pass multiple laws, the GAL remains a key demand as part of the broader political reconciliation process, despite other parties' pushback, citing concerns over security and national unity.

Sunni Demand for Amnesty Law

The General Amnesty Law remains a key demand of Sunni blocs in Iraq, which insisted on its passage during negotiations to form the State Administration Coalition. This coalition, composed of the Shiite Coordination Framework, Kurdish, and Sunni blocs, ultimately led to the formation of a new government headed by Prime Minister Mohammed Shia al-Sudani.

Despite the prior political agreement, the GAL has faced uncertainty since the formation of al-Sudani's government. Analysts believe there is "political will," particularly from the Coordination Framework, to obstruct the law’s passage.

Iraq’s parliament completed its report and held a second reading of the amendments to the GAL on September 16. However, it has repeatedly failed to convene sessions to vote on the matter over the past few months, most recently on December 3, following several unsuccessful attempts.

While GAL remains a pivotal demand of Sunni blocs, its passage is complicated by the contentious nature of proposed amendments.

Proposed Amendments Spark Debate

First introduced in 2008 as part of Sunni efforts to achieve "national reconciliation," Iraq’s General Amnesty Law has undergone significant revisions over the years. The latest proposed amendments aim to strike a balance between political integration and national security, but deep divisions remain.

The proposed amendments exclude those convicted of terrorism and serious crimes, a move seen as a compromise. Shiite leaders emphasize the importance of "national security," while Sunni representatives view the law as vital for "peace and political balance."

Legal expert Ali al-Tamimi explained that the new amendments to Law No. 27 of 2016 broaden its scope. "Even previously excluded cases will now be eligible. Those who have served one-third of their sentence can pay 10,000 dinars (about $8) for each remaining day and be released," Al-Tamimi told Shafaq News Agency.

The amendments also include conditions such as the complainant or victim's family waiving their rights in court and full repayment for those convicted of financial or administrative corruption. In tribal disputes, formal agreements endorsed by tribal committees are now mandatory, Al-Tamimi added.

Serious crimes such as human trafficking, possession of silencers, kidnapping leading to death, and drug trafficking are excluded. However, offenders who have served one-third of their sentence may also opt for release by paying the daily fee, Al-Tamimi noted.

In addition, he highlighted provisions allowing retrials for individuals coerced into confessions through torture or secret informants. “The law distinguishes between drug possession (for amounts under 50 grams) and trafficking, with offenders qualifying for amnesty under specific conditions.”

According to legal expert Jamal al-Asadi, the revised law includes 74 crimes, such as non-lethal terrorism and attacks on foreign forces, within its scope.

While the amendments aim to address security concerns, they have deepened political divisions, particularly over provisions related to terrorism and corruption.

State of Law Opposes, Taqaddum Insists

Firas al-Muslmawi, a member of the State of Law bloc, said lawmakers have "raised several concerns about the draft law, including the need to involve the public prosecution office in the central committee amending the legislation."

Speaking to Shafaq News Agency, Al-Muslmawi criticized provisions allowing corrupt individuals to secure release by returning stolen funds to the state treasury. "This clause must be removed entirely," he insisted.

He also rejected leniency in cases of kidnapping, calling for all individuals involved in such crimes to be excluded from amnesty without exceptions.

Suhad al-Maliki, another State of Law MP, confirmed that her bloc, led by former Prime Minister Nouri al-Maliki, boycotted the December 3 parliamentary session to block the law.

"Some provisions related to terrorism remain unchanged, despite demands for revisions," she told Shafaq News, pointing out that the bloc is unwilling to compromise on amnesty in exchange for passing other laws, such as Personal Status legislation, which she described as non-contentious.

In contrast, Taqaddum National Alliance MP Mohammed Qutaiba al-Bayati explained that the disagreement centers on two provisions: “testimony by accused witnesses and reliance on secret informants. Sunni blocs demand retrials for these cases, leaving the judiciary to decide, but Shi’ite blocs have rejected this," he told Shafaq News.

With no consensus on these contentious clauses, the December 3 session was adjourned, further delaying a final vote.

These ongoing disagreements have been exacerbated by the controversial “basket system” used to bundle contentious laws, further complicating efforts to pass the General Amnesty Law.

Disputes Over "Basket System" Persist

Political analyst Saif al-Saadi argued that this approach is unlikely to succeed. "The basket system for passing three contentious laws has repeatedly failed in past sessions," al-Saadi told Shafaq News.

However, he stressed that the General Amnesty Law should be treated differently. "This law affects all groups in society, irrespective of sect or ethnicity, and should be separated from the basket system," he added.

In Iraq’s political framework, major legislation often requires agreement among the Shiite, Sunni, and Kurdish blocs to ensure a balance of interests. Currently, three laws are at the center of debate: amendments to the Personal Status Law, a priority for the Shiite Coordination Framework; the Property Restitution Law, championed by Kurdish blocs; and the General Amnesty Law, a key demand of Sunni factions.

Despite efforts to achieve consensus, the intertwined nature of these laws continues to delay their passage, with no clear resolution in sight.