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Legal Expert Highlights Lack of Immunity for Current Iraqi MPs

Baghdad: Legal expert and advisor Salem Hawas has stated that all current members of the Iraqi parliament do not possess parliamentary immunity, leaving them open to lawsuits from the public until they take the constitutional oath. According to National Iraqi News Agency, Hawas explained that a recent decision by the Federal Court has stripped members of the House of Representatives in the caretaker phase of their immunity. This legal and constitutional change allows for the prosecution of these members without needing to undergo immunity-lifting procedures. Hawas further elaborated that members of parliament (MPs) who have ongoing disputes, whether with other lawmakers or citizens, are now subject to standard judicial procedures. They no longer have any legal distinction from ordinary citizens, enabling any rightful claimant to file a complaint with the competent court without facing obstacles. He clarified that parliamentary immunity will only be reinstated once MPs take the constitutional oath for the n ew session. This current period, which he described as a complete 'immunity void,' provides an opportunity to address existing legal cases before immunity is again granted when the quorum is reached and the oath is administered. Hawas pointed out that according to the Constitution, specifically Article 63/Second, immunity is granted to MPs only while they are performing their legislative duties. Article 14 of the Constitution also affirms that all Iraqis are equal before the law. He emphasized that absolute immunity could undermine the principles of equality and justice, potentially allowing individuals to evade accountability. He called for the establishment of transparent and regulated mechanisms for lifting immunity even after the new parliament begins its work. Hawas stressed that maintaining broad immunity could obstruct the right to litigation and erode citizens' trust in the judiciary. He noted that the current phase is a significant test of adherence to the rule of law.