"The law must be like death without exception," said the French philosopher Montesquieu. Freedom from law is nothing but a devastating flood. Is Iraqi law applicable to everyone or are there exceptions?
Between the weak enforcement of the law and the increasing rate of crime today, the Iraqi citizen is wondering who is behind the spread of this phenomenon, and the reasons that lead to it, especially amid the widespread chaos and the proliferation of weapons in Iraq without a wide legal license.
When al-Jazeera Net entered a number of Iraqi courts and its grandmother is crowded with huge numbers of reviewers, with the grumbling of the citizens in it, this complains and that hope and another waiting to resolve his case without delay.
Most of Al Jazeera Net wanted to meet with judges to find out their views for not being told by the Supreme Judicial Council. Judge Iyad Mohsen, however, said that the judiciary is considered the biggest contributor to the prosecution of the crime and the punishment of its perpetrators, thus limiting its impact and preventing its spread through what the various courts of investigation, misdemeanors and crimes in all of Iraq consider.
The judge noted the contribution of the Supreme Judicial Council, as well as the rest of the state authorities in the field of combating terrorism, money laundering, financial and electronic crimes, and the prosecution of its perpetrators.
|Auditors in an Iraqi court (Al Jazeera)|
The lawyer Ali al-Zubaidi believes that the spread of crime in Iraq is due to the corrupt environment, the failure of the Iraqi educational institution, the deterioration of the economic factor represented by the spread of disguised unemployment and the absence of a legal, economic and social system to care for society.
Al-Zubaidi praises the penal laws in Iraq and blames the criminal procedures, which he said are "proceeding according to a path that is still lagging behind, especially by not relying on modern methods of investigation, in addition to the infiltration of corruption into preliminary investigation procedures."
He says that the lack of investigative judges, the significant decline in the role of counsel as well as public prosecution, are the most important impediments to criminal work and the causes of the spread of crime.
For his part, confirms the writer and journalist Falah Almashal that the judiciary "withdrew in Iraq to the area of political pressures and threats," according to his opinion.
He says that "some weak souls did not hesitate to get involved in bribery, or influenced by tribal pressure, or sectarian affiliation or party, which lost some of the judiciary functions as an authority for justice."
The torch accuses the Iraqi judiciary of "politicizing and debilitating" about political crime, and calls for "liberation from sectarian, partisan and regional quotas."
Loss of justice
According to political analyst and expert Jamal al-Tai that the Iraqi judiciary today is not characterized by justice, impartiality, efficiency and professionalism because of bribery and favoritism and political pressure of influential parties and armed arms, as well as some of the elements of the outlaws operating outside the state, or even tribes.
"Many judges and lawyers are now being threatened, blackmailed, kidnapped and killed," he said. "This makes the lawyer give up his client. The judge is biased and does not rule in justice.
He says that most cases and disputes are now settled outside the courts and outside the police, some of which are also accused of corruption, by means of royalties, tribal meetings or armed factions, adding that this creates room for the promotion of organized crime on the basis of the principle of impunity.