Sunni blocs push for General Amnesty Law, reject political trade-offs

Shafaq News/ The General Amnesty Law (GAL), a piece of legislation deeply intertwined with Iraq’s political landscape, has long been a subject of heated debate and compromise. Originally passed in 2008, the law was born out of a broader political deal, reflecting the interests of Iraq’s major factions—Shia, Sunni, and Kurdish. Revisited in 2016, and once again at the forefront of parliamentary negotiations under the current government of Prime Minister Mohammed Shia al-Sudani, the law continues to face significant challenges. Its fate is mired in political maneuvering, as opposing blocs wrestle with its potential impact on Iraq’s delicate social fabric, particularly regarding the release of prisoners accused of terrorism.

General Amnesty Law Rooted In Political Deals

GAL was first enacted in 2008 as part of a broader political deal, where the Iraqi Parliament voted on three laws in a single package: the General Budget Law, the General Amnesty Law, and the Law of Governorates Not Incorporated into a Region. At the time, observers noted that each Iraqi faction—Shia, Sunni, and Kurdish—gained a law that served their interests.

In 2016, the Council of Representatives passed a second General Amnesty Law, which, like its predecessor, emerged from a political compromise. This time, it was a Sunni demand included in the agreement to form the government in 2014. It was voted on alongside the "Baath Party Ban Law" and the "Popular Mobilization Authority Law," reinforcing analysts' claims that the law was again passed within the framework of political deals and concessions.

GAL is also a key condition set by Sunni blocs during negotiations for the formation of the "State Administration" coalition. This coalition, which brought together the Shia Coordination Framework, Kurdish, and Sunni blocs, ultimately led to the formation of the current government under Prime Minister al-Sudani. However, the law has faced opposition from factions within the Framework, particularly over concerns that it could enable the release of individuals convicted of terrorism and murder.

Officials have clarified that amendments to the General Amnesty Law will exclude terrorists and those involved in crimes such as human trafficking, drug offenses, threats to national security, and the embezzlement or misappropriation of public funds. Despite these reassurances, the Coordination Framework has expressed concerns about "enacting a law that permits the release of terrorists and those responsible for shedding Iraqi blood, leading to the fall of cities into the hands of terrorist groups."

Since al-Sudani's government took office, the Law has faced an uncertain future. While political agreements initially called for its enactment, many observers suggest there is a deliberate effort, particularly from within the Coordination Framework, to obstruct the law and backtrack on promises made to Sunni parties to secure their participation in the new government.

According to Sunni lawmakers, the government's program includes passing the law, conducting security audits in their provinces, and either abolishing or suspending the activities of certain entities that have been a source of concern for them.

Stalled Demands And Controversial Executions

Political analyst Khattab al-Tamimi explained to Shafaq News Agency that the General Amnesty Law “is not a new piece of legislation but rather an amendment to the 2016 law.” noting that Sunni demands during the State Administration Coalition negotiations, included the expansion of the Law to cover a broader group of defendants, as well as addressing the issues of displaced persons and balancing power within security forces. However, none of these demands, including the amnesty law, have been met so far, despite being a key reason Sunni parties supported Prime Minister al-Sudani and the Coordination Framework.”

Al-Tamimi told Shafaq News considered the Amnesty Law is crucial because “many young men were arrested by US forces and later handed over to the Iraqi government.” He pointed out that some were detained based on secret informant reports and malicious lawsuits, while others had confessions extracted under duress and torture.

“Calls for amnesty do not apply to terrorists or criminals but rather to the innocent in prisons, of which there are many. Iraq has experienced sectarian crises, leading to arbitrary arrests across the western provinces and in Baghdad and its surrounding areas…some individuals have been executed unjustly,” Al-Tamimi pointed out.

Moreover, he criticized the linkage of the Amnesty Law to the Personal Status Law, stressing that the latter is not agreed upon and does not concern Sunni groups but pertains to a particular sect of the Iraqi population. In contrast, the amnesty law affects all Iraqis, including Sunnis, Shias, and others, “making political blackmail and bargaining over this issue completely unacceptable.”

“Iraq's Presidency has recently approved numerous executions, even though many of those sentenced were innocent, as their arrests were arbitrary and based on sectarian grounds.”

On September 16, Iraq's parliament concluded its report and held the second reading of the draft to amend the General Amnesty Law. While Sunni parliamentary and political forces insist on its approval, Shia groups oppose the legislation out of concern that it could lead to the release of detainees accused of terrorism.

In this context, Iraqi MP Qutaiba Mohammed told Shafaq News that the General Amnesty Law is part of the government’s program, and there are ongoing efforts to pass it. “The second reading demonstrates the seriousness of this intent, but the bill remains under review by the parliamentary legal committee, with potential amendments, such as possibly including drug offenders.”

Mohammed believed the law is unlikely to pass without the Personal Status Law being addressed in the same session.

As discussions continue to evolve, other political analysts have pointed out the long-standing complexities hindering its approval.

Amnesty Law: Humanitarian And Electoral Battleground

Iraqi affairs analyst Muzaffar al-Karkhi noted that the General Amnesty Law has been under discussion for a long time within both parliament and the government. However, “many political blocs use the law as an electoral tool, either opposing it due to their constituents’ preferences or supporting it for similar reasons, creating a significant obstacle to its passage.”

“The General Amnesty Law is a humanitarian issue before it is a legal matter, as many innocent people are in prison due to the notorious secret informant system, malicious accusations, and torture…a retrial is necessary to ensure that these individuals are included under the law.” Al-Karkhi told Shafaq News.

He emphasized that the amnesty law does not apply to any specific sect or group but rather to all Iraqis, from the north to the south. "Every Iraqi household has a detainee, prisoner, or convict eagerly awaiting the law," al-Karkhi said.