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Kurdistan
President Nechirvan Barzani speaks at swearing-in ceremony of the new head of the Cassation Court. Date: December 8, 2021. Photo: handout
ERBIL, Kurdistan Region - Kurdistan Region President Nechirvan Barzani said on Wednesday that the judicial power in the Kurdistan Region should be independent, calling on judges to prevent anyone or any party from interfering in their affairs.
Leading the swearing-in ceremony of the Kurdistan Region’s new head of the Cassation Court, Judge Abduljabbar Aziz Hassan, in Erbil, President Barzani emphasized the independence of the judicial power, asking the judges to fight for the power which has been provided to them by law.
“The main principle of any country, democratic system and developed society, where people have confidence in their present and future, is the separation of legislative, executive and judicial powers. Each of these have its own independence and responsibility,” said Barzani in a speech delivered at the ceremony.
“We aim for the separation of these powers in the Kurdistan Region and the organization of their relations in a way that neither of them can impose its hegemony on or interfere in the internal affairs of the other. For us, this is the most important step towards the institutionalization of governance in the Kurdistan Region as well as the establishment of democracy and a civil and developed community,” he added.
I presided over the swearing-in ceremony of the new head of the Cassation Court of the Kurdistan Region, Judge AbdulJabbar Aziz Hassan. While I congratulate him and wish him success, I reiterate my unwavering support to the rule of law and judicial institutions. pic.twitter.com/sc2MtEvfoM
— Nechirvan Barzani (@IKRPresident) December 8, 2021
The Kurdistan Regional Government (KRG) was locally and internationally criticized for the detention of dozens of protesters, including journalists and activists, in Duhok province last year. The Committee to Protect Journalists (CPJ) said in February that the sentencing of two of the Duhok journalists by an Erbil court “proves that the Iraqi Kurdistan regional government has finally dropped the pretense of caring about press freedom.”
Barzani said at the time that he was observing the case of the detainees.
“The people of Kurdistan will not allow the regress of freedom. The misuse of freedom to undermine freedom itself will not be tolerated either. Protecting and promoting freedom and democracy are solidified by the rule of law and the independence of the courts. The courts and respected judges must protect the independence of the law, so that the dignity of individuals and the dignity of the nation are protected by law,” he said in a statement on February 18.
President Barzani said during the Wednesday ceremony that the judges should be independent when it comes to making decisions and that they should not have financial issues to avoid pressure.
“It is the duty of the Judicial Council to protect the judges from inconvenient sources of pressure. This will be realized when it [the Council] ensures that the decisions of judges are unbiased and right, and that these decisions have been made only as per law,” stated the President, adding that people should be assured they are treated and tried justly during their trials. “People will abide by the judiciary and law when they are sure they [courts] are free and independent.”
Challenges
President Barzani admitted that the judicial power, like all other fields, is often affected by “disagreements, propaganda and political and media war in the Kurdistan Region,” adding that there are efforts to question “the pureness, independence and professionalism” of courts in a bid to weaken people’s confidence in courts.
Barzani believes that despite “the great role it has played and is playing in the establishment of legal basics in the Kurdistan Region … the judicial power faces great issues and challenges which should be resolved!” He also said that there are attempts of political interference in the affairs of some courts as well the attempts to impose their hegemony and influence over these courts. “This should be prevented!”
He said that the judges should defend their power and prevent others from inferring in their affairs.
“I believe that first and foremost the judicial power should defend its power which is protected by law! It should have a serious will to face the challenges. It should be the defender of its power and defend the powers provided by law fearlessly and recklessly, preventing and never accepting from any power, individual, power and party to interfere in its affairs,” stressed Barzani.
“Judiciary is the foundation of people’s confidence, trust and insurance. A strong judiciary is the first defender of the society as well as the stability of each country’s political, governmental, administrative and economic system. There is a direct connection between the economic development and preservation of wealth and the implementation of law,” continued Barzani, adding that in the absence of the implementation of law the investment and economy will be harmed.
Farhad Hatam, a judge from Sulaimani Public Prosecutor's office, told Rudaw's Shaho Amin on Wednesday that senior officials from the government and political parties interfere in the affairs of courts, calling on President Barzani to prevent such an interference.
Regarding Barzani's call on judges to face challenges and defend their powers, Hatam said that "some judges have done the challenge but they have been punished, transferred [to another place] or demoted."
He also said that the judges are not financially independent, but like all other civil servant wait for the government to pay them.
Asked what President Barzani can do for the independence of courts, the judge replied, "I believe he can do a lot," adding that "I am sure that the judicial power will be independent in the presence of a real political will [by ruling parties] for their independence because it is not the normal people who interfere in the affairs of court [but officials]."
The judge believes that the government or the ruling parties may not be directly behind the interference, blaming officials for "exploiting" their positions.
Updated at 9:58 pm
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