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INA Explores Files on Former Regime Figures and Crimes Against Humanity with the President of the Supreme Criminal Court

Baghdad: The head of the Iraqi Supreme Criminal Court, Judge Saad al-Lami, confirmed that the court remains active in its pursuit of justice for crimes against humanity, anchored by a constitutional mandate to resolve all pending cases. He highlighted the existence of approximately 3,300 unexecuted arrest warrants targeting individuals charged with crimes during Iraq's previous regime.

According to Iraqi News Agency, Judge al-Lami elaborated on the court's establishment and its powers in an interview. He explained that the Iraqi Supreme Criminal Court was formed in 2005 under Law No. (10), succeeding the Iraqi Criminal Court for Crimes Against Humanity, which was initially established by the Governing Council in 2003. This transition marked the court's evolution from a focus on investigations to full judicial proceedings. The court's structure includes various panels dedicated to investigation, trial, and cassation, ensuring a comprehensive judicial process.

Judge al-Lami detailed the court's administrative journey from the Council of Ministers to the Supreme Judicial Council in 2012, reinforcing its independence and impartiality. He noted that since its inception, the court has tried numerous figures from the former regime, issuing around 20 death sentences while it was under the Council of Ministers.

He clarified that the court specializes in cases related to crimes against humanity, war crimes, and genocide, distinct from other specialized criminal courts in Iraq. The court's jurisdiction emphasizes the nature of the crimes rather than the individuals' positions during the previous regime.

Judge al-Lami highlighted the ongoing challenge of unexecuted arrest warrants and the complexities of extradition processes for defendants outside Iraq. He noted various international legal hurdles, including the requirement for assurances against the death penalty and the absence of extradition agreements with some countries. The court has issued orders to seize the assets of the accused, disseminating these decisions to relevant government entities to enforce compliance.

The court has convicted 160 individuals since its formation, with 26 receiving death sentences. Judge al-Lami emphasized the court's focus on evidence-backed convictions, acknowledging the difficulties of gathering reliable evidence given the passage of time since the crimes occurred. The court approaches delayed testimonies with caution, seeking corroboration through documentary and material evidence.

The judge also discussed significant cases such as the assassination of Sayyid Muhammad Baqir al-Sadr and the Ajaj case, detailing the heinous crimes and the court's efforts to deliver justice. He emphasized that the court's decisions remain unaffected by media coverage and solely rely on available evidence.

In addressing the powers of the Presidency of the Republic, Judge al-Lami stated that presidential authority does not extend to altering or pardoning death sentences issued by the court, as these pertain to international crimes not eligible for special pardons.

Furthermore, Judge al-Lami outlined the court's approach to asset seizure, which ceases upon the death of the accused, and noted the change in practice following the court's realignment under the Supreme Judicial Council.