Wahab Halabjay Case Reaches Iraqi Federal CourtIraq 02:50 PM - 2023-10-30
The first session of the Federal Supreme Court of Iraq was convened to review the decision made by the Erbil Court regarding Wahhab Halabjay, the Director General of the Kurdistan Counter-Terrorism Group (CTG), and several other high-ranking officers of the CTG. The defense contends that the ruling is based on a statute that expired in 2018.
The hearing was held on Sunday, October 29, 2023, with nine federal court judges in attendance. Dr. Chia Zangana and Hevar Mohammed acted as legal representatives for Wahab Halabjaei and his CTG colleagues.
Dr. Chia Zangana, legal advisor and lawyer for Wahab Halabjay and his associates, told PUKMEDIA: "Yesterday, my colleague Hevar Mohammed and I, as a team of legal professionals, participated in the initial hearing at the Federal Court regarding the illegal Erbil Court ruling in the case involving Wahab Halabjaei and the senior CTG commanders. Concerning this decision, a case had previously been filed with the Federal Court against the speaker of parliament."
"An appeal has been filed with the Federal Court challenging the legislation under which charges were levied against the Director General of CTG and his commanders," he said.
"Law No. 3 of 2006 on Countering Terrorism, which was due to expire after 2 years but its duration has been subject to multiple extensions, reached its expiration in 2018," he added. "In addition, it should be noted that the Kurdistan parliament was enduring a constitutional void during this time. According to established constitutional norms, courts may not premise charges against defendants on laws that have since expired."
He said: "We also lodged an appeal challenging the substance of the Erbil court's judgment, asserting that the inquiry into the martyring of Colonel Hawkar Jaff lacks a solid legal foundation. The case has been subjected to the jurisdiction of the Erbil Court for political motives, resulting in significant ramifications for peace in the Kurdistan Region and the unity among the parties."
"We have filed a lawsuit in the Federal Court to contest the Erbil Court's ruling due to the legal void and the ineffectiveness of the legislative body in the Kurdistan Region. This decision is deemed unlawful due to its reliance on an outdated statute and its apparent motivation entirely driven by political considerations,” he added.
"From Baghdad, we pledge to safeguard individuals who have been unjustly and politically targeted by the Erbil Court," Zangana said.
The Kurdistan parliament enacted the Counter-Terrorism Law in 2006. According to Article 17, the legislation will be effective for a duration of two years, commencing from the date of its publication in the Kurdistan Gazette. If the Federal Court agrees with the CTG officers' lawyers, all court decisions made under the 2006 Counter-Terrorism Law will no longer be valid after 2018.
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