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Building a Judicial
System for All Iraqis
The rule of law is a prerequisite for political stability, economic development
and public confidence in the institutions of a constitutional democracy. While
much work needs to be done, Iraq’s judicial system is functional, with criminals
being tried in Iraqi courts by independent Iraqi judges. Senior Ba’athist and
corrupt judges have been removed from their positions. The Central Criminal
Court of Iraq hears the most serious criminal cases. In December, the Iraqi
Governing Council established the Iraqi Special Tribunal, which will try senior
members of the former regime for war crimes, crimes against humanity and
genocide. The former regime’s decrepit and inhumane prison system is being
rebuilt and modernized to meet international standards. More than 4,000 beds
meeting international standards are now available for inmates sentenced by
independent Iraqi judges as well as those awaiting trial in the Iraqi criminal
justice system.
However, much needs to be done to build a judicial system that serves all
Iraqis. The top goals for the Coalition partners and the Ministry of Justice
include:
· Building a durable, honest, comprehensive anti-corruption entity.
· Ensuring smooth, expeditious, fair operation of court system.
· Instituting a workable prisons plan.
Activities underway include:
· Establishing a government-wide Commission for Public Integrity to investigate
and prosecute corruption, promote transparency and ethics in government, and
foster a culture of integrity
· Providing security for courts, judges, and witnesses
· Vetting all judges and prosecutors for past corruption, Ba'athist links,
complicity in atrocities, and other malfeasance through the Judicial Review
Committee
· Investigating and referring cases to the Central Criminal Court of Iraq, and
supporting that court
· Reforming judicial training and legal curricula to inculcate rule-of-law and
due process norms
· Publishing CPA directives in a Legal Gazette
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