Criminal Charges Filed Against Nouri Kamel Al Maliki 3/10/2015.
National Center for Legal & Judicial Research and Studies
In the Name of Allah the Most Gracious and Most Merciful
The Honorable President of the Public Prosecution of Iraq …
Re. / Complaint
Request to Process Complaint: The National Center for Legal and Judicial Research and Studies, an Iraqi non-governmental organization registered according to the law, and as represented herein by its Secretary-General, the former Judge Raheem Hassan Al Igeeli, and by its Deputy-Secretary-General, the Attorney Kamel El Hassani, with its address at Haifa Street, Baghdad, Iraq.
Defendant: Nouri Kamel Al Maliki, Former Prime Minister of the Council of Ministers and Commander-in-Chief of the Armed Forces, current Iraqi Vice- President, with his address at Al Dustur Street, Baghdad International Zone, Iraq.
Jurisdiction of Complaint: Defendant “Nouri Kamel Al Maliki” assumed the post of Prime Minister of the Council of Ministers and Commander-in-Chief of the Armed Forces of Iraq between the years 2006-thru-2014, and during the period of his governance committed numerous of egregious violations and crimes.
And whereas the post of Commander-in-Chief of the Armed Forces is a civilian post pursuant to the provisions of Article 9 (First) (A) of the Constitution, which states:
“The Iraqi armed forces and security services will be composed of the components of the Iraqi people … [and] they shall be subject to the control of the civilian authority….”
Therefore, there does not exist any legal basis for stating that the charges against the Commander-in-Chief of the Armed Forces fall within the jurisdiction of military justice; because it is a civilian post and such jurisdiction is exercised over internal security forces and military tribunals for crimes committed exclusively by the military.
And whereas the Constitution states in its Article 93 (Sixth) that the Federal Supreme Court shall have jurisdiction over: “Settling accusations directed against the President, the Prime Minister and the Ministers …,” to assert that the charges against the Defendant, which include high treason, fall within the jurisdiction of military justice would constitute a disclaimer by the Judiciary of its performance of its constitutional responsibilities and hence amount to an attempt to abandon its confrontation of the people’s causes.
Thus, we request the institution of legal procedures and processing of criminal charges against the Defendant for the following crimes: (http://thejusticenews.com/wp-content/uploads/2015/03/Complaint-Presented-to-Iraqi-Public-Prosecutor-1.pdf)
First: His Crimes by Virtue of his Assumption of the Post of Commander-in- Chief of the Armed Forces:
-1 High Treason: For the fall of one-third of Iraq in the hands of a terrorist organization “Da’ash” and for causing the arming of such a criminal organization with the sophisticated equipment and weapons of the Iraqi Army, valued at more than fifteen billion dollars, that were left behind by the Army when it abandoned its defenses of the land of the stricken governorates; which resulted in the death, injury, displacement and diaspora of millions of citizens, the violation of their right to their lives, belongings and assets, and the capture of their women and their sale in the slave markets of the Da’ash.
-2 Speicher Massacre: When he embroiled thousands of “untrained” youth by recruiting them for perverted electoral purposes and located them in a camp in Salahuddin Governorate, whence he left them without any training or weapons to defend themselves devoid of any military justification for their presence there; which rendered them easy prey for a terrorist organization that killed all of them in the most horrific crime in the modern history of Iraq. Proof: The investigation files of the Central Criminal Court of Baghdad.
-3 Committing great massacres against the Iraqi people constituting genocide and crimes against humanity, whereupon he killed hundreds of children, women and demonstrators; as he did in Zarka’a, Al Huwaija, Fallujah and Al Ramadi. Proof: The cases of such massacres in the police, medical and judicial centers and public prosecution departments of those areas; assuming their examination by Your Presidency pursuant to the Public Prosecution Law No. 159for Year .1979
-4 Committing the great massacre in Karbala’a against Nasar Al Sayyed El Hassani in .2014Proof: The files of the police directorate and the investigative and criminal tribunals of Karbala’a.
-5 Causing the tragedies that “Christian and Yazidis” minorities suffered and failing to protect or save them or provide for their minimum needs. Proof: The files of the Council of Representatives and those of the national and international civil and religious organizations.
-6 Spreading corruption in the military and security institutions by the systematic embezzlement, through ghost payrolls and payment of commissions on armament contracts and on the provisioning of the army and internal security forces, and the sale of unmerited positions and ranks and receiving illegal fees. Proof: The closed and open investigation files in the offices of the Inspectors General in the Ministry of Defense, Ministry of Interior and Public Integrity Commission.
-7 Leveraging the Ba’athists over the leaderships of the military, security and judicial institutions, and leveraging their eradication to ensure their loyalty and obedience for purposes of accomplishing his illegal and unconstitutional agendas. Proof: The lists of those eradicated and excluded from the security agencies without the prior approval of the Council of Representatives, in violation of the Justice and Accountability Law No. 10for Year .2008
-8 Unilaterally appointing military leaders without first nominating their names to the Council of Representatives for their confirmation, in accordance with the provisions of Article 61(Fifth) (C) of the Constitution, in order to ensure the removal of whomever disobeyed him at any time he wished to do so.
-9 Creating security and military entities and dirty squads without constitutional or legal justification for purposes of manipulating and controlling, and to exclusively control and militarize, the civil society and thereby accomplish political agendas; such as the Office of the Commander-in-Chief of the Armed Forces and the apparatus for combatting terrorism, on which he wasted hundreds of millions of dollars and which contributed greatly to weakening the army and spreading corruption within it; and by receiving illegal fees, selling unmerited positions and ranks and spreading corruption on a regular and systematic basis, as well as by causing divisions within the formations of the armed forces and by covering up such infringements and violations from legal and judicial accountability by virtue of orders directly from the Defendant. Proof: The present reality of the institutions and the official decisions of the Government, Council of Representatives and International Coalition on the need to rebuild them professionally and nationalistically.
10-His dereliction in forming the army on a sectarian and exclusionary basis and in implicating it in political battles and using it against the people. Proof: The military units deployed throughout the capital Baghdad and the rest of Iraq’s cities, amongst which were directed against the Iraqi Kurdish Region, in violation of Article 9(First) (A) and Article 110(Second) of the Constitution that limit the role of the army to the defense of Iraq and the protection of Iraqi borders from external aggression, and caution against its use to suppress the people and prohibits it from interfering in political affairs.
11-Exercising states of emergency without authorization from the Council of Representatives, governing the nation on the basis of crises, taking over public and private assets and roads, blocking roads, restricting the movement of persons and searching them daily, and carrying out random detentions and human rights violations, all in contravention of Article 61 (Ninth) of the Constitution that regulates the declaration of the state of emergency.
12-Executing prisoners and those detained in prisons and detention facilities before and after the occupation of Mosul, Salahuddin and Diyala by Da’ash; and the sectarian liquidation of prisoners and detainees by ambushing them on public roads to kill them, following their release from prisons with the excuse of transporting them. Proof: The files of cases on the killing of prisoners registered in the registers of the Ministry of Justice; assuming their examination by Your Presidency pursuant to the Public Prosecution Law.
13-Carrying out random detentions without judicial orders in numerous Iraqi governorates, such as the group detention incident prior to the Arab Summit in Baghdad; and the detention of more than three thousand men on the occasion of the Defendant’s visit to Mosul before its occupation, according to his admission during one of his televised appearances.
14-Committing crimes of enforced disappearance on an systematic basis against thousands of Iraqis by means of the security agencies attached to him, or the militias supported by him, and their execution and the discarding of their corpses in the streets or rivers, or hiding them for …
(Full Statement of Claim: http://thejusticenews.com/wp-content/uploads/2015/03/Complaint-Presented-to-Iraqi-Public-Prosecutor-1.pdf)