For first time in its history, Kurdish parliament strips opposition MP of immunity
ERBIL, Kurdistan Region — For the first time since its establishment in 1992, the Kurdistan Region Parliament on Thursday stripped an opposition lawmaker of parliamentary immunity.
Soran Omar, a Kurdistan Islamic Group (Komal) MP, will now have to face a lawsuit lodged against him by the Kurdistan Regional Government (KRG) Council of Ministers’ legal body last month for making public claims that Prime Minister Masrour Barzani owns a company and a bank.
The contentious vote was boycotted by 53 of out 111 MPs, including members of the Patriotic Union of Kurdistan (PUK), Change Movement (Gorran), Komal, Kurdistan Islamic Union (KIU) and New Generation.
Of the 58 parliament members who attended the session, 57 voted for Omar’s immunity to be revoked — including all of the Kurdistan Democratic Party’s (KDP) 45 MP contingent.
The revocation of immunity for three other MPs who had complaints lodged against them for various charges in 2019 were also put to the parliament vote — Omed Khoshnaw, head of the KDP bloc, Ali Hama Salih, head of the Gorran bloc, and Shirin Amin Abdul Aziz, another Gorran MP.
All three were able to hold on comfortably to their legal standing, with revocation of Khoshnaw’s immunity receiving three votes, while that of Salih and Aziz received four apiece.
The KDP orchestrated the inclusion of the stripping of parliamentary immunity from all four MPs on the agenda, but the decision to dust off far older complaints against other MPs could veil the targeting of Omar for the comments about PM Barzani, a senior KDP figure.
The KRG Council of Ministers’ Legal Room issued its complaint against Omar’s claims on April 2.
In response, Kurdistan Region public prosecution office president Judge Azad Hassan called on the Council of Ministers to inform parliament to summon MP Omar to his office’s Public Rights Committee Prosecutor, where he would have to submit evidence about his claims Barzani owned “a company” and “a bank.”
Failure to submit evidence could have resulted in the press of further charges against Omar, the office added.
In compliance with the call, Council of Ministers chief of staff Dr. Sabah Othman forwarded the public prosecutor's order to parliament two days later, to "start necessary works" against Omar.
The move was rejected by parliament speaker Rewaz Fayaq on April 27, according to documents shared by Omar on his Facebook account that purportedly show her signature.
But according to bylaws, any topic can be included on the discussion agenda if chosen by two of the three parliament leadership members, without the consent of the third — even that of speaker Fayaq.
Omar on Tuesday held a press conference describing the lifting of immunity from MPs as a "dangerous development for the ruling system of the Kurdistan Region, for freedom of expression, and the freedom of parliamentary work," he said.
But members of the KDP say stripping MPs of immunity to face legal proceedings is "very legal and normal", and a question of accountability to the public.
"Why should MPs feel like they are above the law and court?” KDP MP Peshawa Hawtamani said. “Why should they think that they do not have to appear before court?”
“If you have become MPs from public votes... just appear before the court and demonstrate why you should be acquitted."
The PUK, Gorran and Komal, KIU and New Generation parliamentary blocs issued a collective call for parliament not to include the lifting of MP immunity on its agenda.
"At this lawmaking session, it is better for the parliament to stay focused on resolving the financial and administrative issues of the Kurdistan Region as well as Erbil-Baghdad relations and the improvement of the livelihood of the people," the blocs jointly announced.
With Fayaq boycotting today’s session, deputy parliament speaker from the KDP Hemin Hawrami and parliament secretary Muna Kahveci had to take the helm.
"I am not for the lifting of immunity from a parliamentarian because they have spoken against the state officials," Fayaq said in reference to Omar.
Soran Omar, a Kurdistan Islamic Group (Komal) MP, will now have to face a lawsuit lodged against him by the Kurdistan Regional Government (KRG) Council of Ministers’ legal body last month for making public claims that Prime Minister Masrour Barzani owns a company and a bank.
The contentious vote was boycotted by 53 of out 111 MPs, including members of the Patriotic Union of Kurdistan (PUK), Change Movement (Gorran), Komal, Kurdistan Islamic Union (KIU) and New Generation.
Of the 58 parliament members who attended the session, 57 voted for Omar’s immunity to be revoked — including all of the Kurdistan Democratic Party’s (KDP) 45 MP contingent.
The revocation of immunity for three other MPs who had complaints lodged against them for various charges in 2019 were also put to the parliament vote — Omed Khoshnaw, head of the KDP bloc, Ali Hama Salih, head of the Gorran bloc, and Shirin Amin Abdul Aziz, another Gorran MP.
All three were able to hold on comfortably to their legal standing, with revocation of Khoshnaw’s immunity receiving three votes, while that of Salih and Aziz received four apiece.
The KDP orchestrated the inclusion of the stripping of parliamentary immunity from all four MPs on the agenda, but the decision to dust off far older complaints against other MPs could veil the targeting of Omar for the comments about PM Barzani, a senior KDP figure.
The KRG Council of Ministers’ Legal Room issued its complaint against Omar’s claims on April 2.
In response, Kurdistan Region public prosecution office president Judge Azad Hassan called on the Council of Ministers to inform parliament to summon MP Omar to his office’s Public Rights Committee Prosecutor, where he would have to submit evidence about his claims Barzani owned “a company” and “a bank.”
Failure to submit evidence could have resulted in the press of further charges against Omar, the office added.
In compliance with the call, Council of Ministers chief of staff Dr. Sabah Othman forwarded the public prosecutor's order to parliament two days later, to "start necessary works" against Omar.
The move was rejected by parliament speaker Rewaz Fayaq on April 27, according to documents shared by Omar on his Facebook account that purportedly show her signature.
But according to bylaws, any topic can be included on the discussion agenda if chosen by two of the three parliament leadership members, without the consent of the third — even that of speaker Fayaq.
Omar on Tuesday held a press conference describing the lifting of immunity from MPs as a "dangerous development for the ruling system of the Kurdistan Region, for freedom of expression, and the freedom of parliamentary work," he said.
But members of the KDP say stripping MPs of immunity to face legal proceedings is "very legal and normal", and a question of accountability to the public.
"Why should MPs feel like they are above the law and court?” KDP MP Peshawa Hawtamani said. “Why should they think that they do not have to appear before court?”
“If you have become MPs from public votes... just appear before the court and demonstrate why you should be acquitted."
The PUK, Gorran and Komal, KIU and New Generation parliamentary blocs issued a collective call for parliament not to include the lifting of MP immunity on its agenda.
"At this lawmaking session, it is better for the parliament to stay focused on resolving the financial and administrative issues of the Kurdistan Region as well as Erbil-Baghdad relations and the improvement of the livelihood of the people," the blocs jointly announced.
With Fayaq boycotting today’s session, deputy parliament speaker from the KDP Hemin Hawrami and parliament secretary Muna Kahveci had to take the helm.
"I am not for the lifting of immunity from a parliamentarian because they have spoken against the state officials," Fayaq said in reference to Omar.