Today, Saturday, legal expert, Tariq Harb, described the path set by the Iraqi constitution to dismiss the President of the Republic, Barham Ahmed Saleh, as “very difficult and complicated.”
Harb said in a statement that “the path that the constitution has drawn in Article 61 of it to end the service of the President of the Republic is very complicated and difficult, so whoever requests determines the reasons for voting by a majority of the number of members, not the majority of attendees, until one of the cases specified by the constitution is achieved, namely breaking the constitutional oath or violating the constitution to High treachery so that deputies vote on that, then the matter is referred to the Federal Supreme Court in order to assume a ruling on the president that he committed one of the cases i.e. perjury, violation or treason.
He explained that “if a conviction is issued, a session of the parliament is necessary in order to decide by a majority of members and not the majority of those present to exempt the president, knowing that the exemption carries the meaning of mitigation, whereas the prime minister used the constitution the term of dismissal and withdrawal of confidence, which is a punitive term, meaning that constitutional difficulties in front of the issue of the President of the Republic, as not It is necessary to vote with a numerical majority of 156 deputies for the matter only, after which the matter is referred to the Federal Supreme Court. If it decides to condemn the president, the council must assume the vote again with the same previous majority for the second time. After all of the above, the president is exempt, not dismissing him, withdrawing confidence from him or removing him.
He pointed out by saying that “there is a difference between exemption and between dismissal, withdrawal of confidence and dismissal, as the court does not establish condemnation in all that is attributed to the president in order to be exempted, but the exemption will be if it is proven to the court that the president violated the constitution or violated the oath or committed high treason and these are difficult and accurate legal issues and not Other acts such as theft and murder, for example. ”
He concluded by saying that “the highest judicial body in Iraq is handled by no other, in addition to the issue of collecting this number of votes, meaning that the issue is a judicial parliament with a high majority and not like the case of the prime minister who is satisfied with parliamentary accountability only.”
skypressiq.net
