Draft Constitution for New
IRAQ

Email  usmail01.gif (6450 bytes)

propose.gif (1480 bytes)

propose2.gif (1175 bytes)

 Home                       Page 17


Back back.jpg (912 bytes)


next.jpg (851 bytes) Next
17.gif (19332 bytes)
17-1.gif (19184 bytes)
 

Part VI Procedural Rights

Article 49 Access to courts

  1. Everyone has free recourse to the courts.
  2. Everyone has the right to a constitutional judge. Extraordinary courts are not allowed.
  3. Persons and groups have recourse to the court acting for other right holders not being in a position to seek relief in their own name.

Article 50 Fair Trial

  1. Everyone has the right to a fair trial. Evidence obtained illegally is inadmissible. Everyone has the right of access to all Republic of Iraq information required for the exercise or protection of any of his or her rights.
  2. No one may be deprived of life, liberty, or property without due process of law.
  3. No law shall be passed stipulating regulations of the past without due compensation for all losses.

Article 51 Criminal Justice

  1. No act may be punished unless it constituted a criminal offence under the law before having been committed.
  2. No one may be punished for the same act more than once.
  3. Only judges may indict or subpoena persons or issue warrants for arrest, search, or seizure.
  4. Everyone accused or arrested enjoys the right:
    1. to a speedy and public trial,
    2. to be presumed innocent until proven guilty,
    3. not to be a witness against himself,
    4. promptly to be informed about the reason of accusation or detention and about the right to be silent,
    5. to counsel for defense,
    6. to communicate with next-of-kin, partner, and legal, medical, and religious counselor,
    7. to be released no later than 24 hours after the arrest if not further detained after court hearing, and
    8. To redress in case of false imprisonment.
  5. Liability for punishment is individual and never collective.

Article 52 Prohibition of Extradition

No citizen may be extradited to a foreign country.

Published 02/17/1999
Copyright © 1998 dijlafurat, All rights reserved.
Revised: 10/ 06/ 1999.