BAGHDAD -

 Iraqis' opinions differed regarding the Federal Court's decision to grant members of the former Saddam Fedayeen apparatus retirement rights, nearly 20 years after they were uprooted following the fall of the former regime following the US invasion of Iraq in 2003.

The decision of the Federal Court is binding on all government bodies and institutions and must be implemented despite the rejection of the decision from a number of institutions and officials in the country.

In clarifying the details of the decision, the Federal Court stated that those covered by the decision are those who were forcibly transferred - whether civilians or military personnel - to that apparatus, and that they are entitled to their pensions for their service outside the Saddam Fedayeen apparatus, and their service within the aforementioned apparatus is not counted as a retirement service.

The Saddam Fedayeen Apparatus is a military force with special tasks affiliated to the Baath Party and former Iraqi President Saddam Hussein. The apparatus was established in 1994 and was not part of the Iraqi army. Rather, it is directly linked to the presidency of the republic. Its leaders receive orders from Saddam Hussein through his son Uday, who supervises these forces. They did not have heavy weapons, and many Iraqis and Arabs volunteered for it.

The Federal Court's decision to grant members of the Saddam Fedayeen apparatus pension rights raises controversy in Iraq (Iraqi News Agency)

fair decision

In turn, the representative of Diyala Governorate, Muhammad Qutaiba al-Bayati, described - in a statement to Al-Jazeera Net - the court's decision as fair, especially since those included in the decision did not have complaints or judicial rulings registered against them. It is their right as citizens to obtain their pension rights, and government and administrative agencies must proceed with implementing the decision.

On the other hand, Hassan Salem, the deputy in the coordinating framework for the League of the Righteous movement, called on all victims who were affected by the policies of the Baath Party to file legal cases "against the Baathists, supporters of the former regime, and members of the repressive apparatus - including the Saddam Fedayeen - to the Public Prosecution Service and the Prosecutor's Department. General in the National Commission for Accountability and Justice to take legal measures against them, and to enable the victims to claim compensation for the damages they suffered as a result of these crimes.

"We are not against real national reconciliation, but it must be with those who believe in peace and the democratic values ​​of the new Iraq," Salem said - in a press conference held in the parliament building following the decision.

He also called for the activation of Article (11) of the Accountability and Justice Commission Law No. (10) of 2008, which stipulates that "the dissolved Ba'ath Party shall be tried as a party and regime for committing crimes against the Iraqi people."

# The Federal Court issues an explanation regarding the retirement rights of "Saddam Fedayeen"# Shafak_News pic.twitter.com/ryQRjEUjWC

Shafaq News - shafaq news (@NewsShafaaq) March 9, 2023

Crime records

For its part, the Accountability and Justice Commission (formerly the De-Baathification Commission) confirmed that the decision included those who do not have crimes in their records, and that the pension service is calculated for them for the periods they spent outside the Saddam Fedayeen apparatus, after they reviewed the Commission and provided evidence.

Salah al-Jubouri, deputy head of the authority, said - in a statement to Al-Jazeera Net - that the authority cannot, at the present time, determine the numbers of those covered by the decision of the Federal Court, but the retirement authority can determine that successively.

Regarding the nature of rights, the independent politician based in London, Sadiq al-Moussawi - who supported the court's decision - said that most of those who belonged to the Saddam Fedayeen apparatus were forced to join that apparatus and had long service in state institutions as government employees.

Al-Musawi explained - in a statement to Al-Jazeera Net - that lifting the ban on them will help them support their families by granting them retirement rights like their peers, and they cannot be deprived more because of the misbehavior of a few of them.

More empathy

In turn, political analyst Abbas al-Jubouri believes that the decision was issued by the Federal Court, which is an independent court far from intersections and political tensions, and its decisions are binding, especially since those included in the decision are family owners who have been greatly affected by cutting their salaries for about two decades.

He pointed out that the court has excluded those who have been proven guilty of crimes and those against whom complaints have been submitted, and it is not possible to take all of them to account for one crime, and therefore those who were included in the rights are Iraqis and used to work in government institutions regardless of our position on the previous regime, he said.

Al-Jubouri added - in a statement to Al-Jazeera Net - that those who committed crimes among them will undoubtedly be referred to the courts to receive their just punishment, but the families cannot be punished, stressing that the court's decision came after it had all the evidence, presumptions and evidence.

In the same context, political analyst Yahya al-Kubaisi believes that the decision is legal and not political, especially since those included in the decision were working before 2003 in other departments not covered by "de-Baathification", and they are not responsible for the orders issued to them to work in the Saddam Fedayeen apparatus, therefore The accountability and justice law does not apply to them in the first place.

Al-Kubaisi pointed out - in a statement to Al-Jazeera Net - that the decision did not grant all Saddam Fedayeen those rights, but rather included officers, ranks and civilians who were transferred or assigned to work with the apparatus.

Decisions of the Federal Court in Iraq apply to all institutions (Anatolia)

Strongly refused

Among the staunch opponents of the decision - although it is binding on all authorities in the country - Zahra al-Bajari, a member of the Coordination Framework representing Basra Governorate, who stressed in a statement issued by her office that "the decision to refer the bloody Fedayeen Saddam militia to retirement is a dance on the blood of the martyrs and groans." oppressed and great hypocrisy against the Mujahideen."

Al-Bajari demanded - according to the statement - the Martyrs Foundation (a government institution concerned with the affairs of martyrs), the parliament and the parties to intervene urgently and reject the decision, considering the matter a disgrace if it was done.

In confirmation of what the Federal Court stated about the clarification of the decision, the legal expert Ali Al-Tamimi stated that the court’s decision included those who have service outside the Saddam Fedayeen apparatus, and did not include the period of work in the apparatus, according to what the court confirmed in its decision 220 of 2022, meaning that those it stipulated did not include Article 6 of the Accountability and Justice Law No. 10 of 2008, but calculated the period during which the person worked outside the apparatus during his government job.

Al-Tamimi believes that the court's decision is sound and takes into account the humanitarian aspects of those included, and that the decision is binding on all authorities and must be implemented in accordance with Article 94 of the Constitution.

It is noteworthy that the Federal Supreme Court is the highest judicial authority in Iraq that specializes in adjudicating constitutional disputes. It was established by Law No. 30 of 2005 in accordance with Article 93 of the Constitution. It is based in Baghdad and consists of a president and 8 members. Its decisions are final and binding on all authorities, and it is completely independent of Ordinary judiciary, and has no connection with other courts.