Basra: Legal expert Ali Al-Tamimi has expressed that the decision by the Special Investigation Court to close the case concerning the death of Dr. Ban Ziad Tariq is subject to appeal. He outlined the legal pathways available during his commentary on the case.

According to National Iraqi News Agency, Al-Tamimi explained that under the law, decisions made by an investigative judge, especially those involving case closure based on Article (130) of the Criminal Procedure Code, can be appealed within 30 days of their issuance. The right to appeal is available to the Public Prosecution, complainants, or plaintiffs with a personal stake in the case. He further clarified that once the Criminal Court, acting as the Court of Cassation, makes a decision, it is final and binding, as stipulated by Articles (249 and 265) of the Criminal Procedure Code No. 23 of 1971.

Al-Tamimi also noted that while certain preparatory decisions by the investigative court, such as inspecting the scene or orders for investigation, cannot be appealed, substantive decisions-including arrest warrants, detention orders, search warrants, case closures, or the release of the accused-can be challenged before the Court of Cassation.

The judiciary’s decision to close the case of Dr. Ban Ziad was based on findings that her death was a suicide linked to psychological and health issues, rather than a criminal act. This decision has sparked public debate, particularly due to the procedural use of the term ‘victim’ in the investigation documents. Legal experts have clarified that this term is standard in investigation files until the case is resolved and the cause of death is confirmed.