UN should stop Iraqi Kurdistan ruling families abusing the Judiciary

Araz Barwari | Exclusive to iKurd.net

In Kurdistan of Iraq, public trust in the judiciary system and many judges is low, and the perceptions of corruption about government officials are so high. This is because judiciary system is not independent to establish justice and deliver it to all people equally regardless of their social status, power and wealth.

Thanks, to the Barzani and Talabani families who have worked so hard to control the judiciary system to work only in their own interests in Kurdistan of Iraq.

The Barzani and Talabani families have continually used their wealth and power through their two Kurdish political parties, the Kurdistan Democratic party (KDP) and the Patriotic Union of Kurdistan (PUK) in order to intervene, control and undermine the Kurdistan regional government judiciary system.

They have succeeded to make the judiciary system subservient to their dictate in order to protect themselves from being prosecuted when they break law in Kurdistan of Iraq.

The two Kurdish political parties the KDP and the PUK which are run under the command of Barzani and Talabani families, have been able to control the judiciary of Kurdistan region completely by agreeing to split and appoint the judges in the region’s top courts.

For example, the parties have made a deal to appoint 10 judges for the Court of Cassation, which is the highest court in Kurdistan, with five judges selected by the KDP and five by the PUK. They have also selected and appointed the presidents of the Erbil, Duhok, Sulaimani, Appellate Courts because they all are KDP and PUK members too who are loyal to these two families.

Imagine, in such a politicized and biased atmosphere, the judiciary system is definitely not independent and works as subordinate to the executive power which has been run under the rule of members of Barzani and Talabani families for almost two decades.

The United Nations and Iraqi Constitution states and strongly recommends that the judiciary branch of governments should be independent and members of the judiciary council should be voted on, appointed, checked upon, and sacked by the parliament and according to the constitution.

However, the Kurdistan regional government (KRG) does not follow the same procedure with its respective parliament, and instead, the cassation court’s 10 judges are only sworn in by Kurdistan Region Prime Minister Nechirvan Barzani after being selected by these two political parties the KDP and the PUK.

Judiciary system of Kurdistan of Iraq must be independent and judges of all courts should be appointed by vote in the parliament so that people of Kurdistan feel safe and protected from the dictatorship and all kind of abuse and injustice of Barzani, Talabani families and powerful members of their political parties.

In turn, judges should carry out their constitutional duties impartially, without a political bias or motive to interpret and apply the law and without fear or favor or prejudice or partisanship.

Judges of the all courts of Kurdistan of Iraq must be ethical and courageous to fulfill their duties in best possible ways to deliver justice to all equally. Any pressure or political interference, threats, or bribe offering, exerted upon judges at any level to change the course of justice and issue verdicts in favor of someone whether it be a member of Barzani and Talabani families or a government official or a rich man, must be resisted and reported right away to the United Nation and European court of Justice.

The judges should always pronounce their judgments according to the canons of the constitution but not the political whims of the two Kurdish ruling political parties.

In fact, the UN has a strong force in dictating what is acceptable regarding the rule of law and judicial independence and in declaring what will not stand. The United Nations has its ability to intervene in domestic issues of countries where justice and rule of law and the life of independent judges or people is endangered by governments, politicians or rich powerful men.

Furthermore, for judicial independence, Kurdistan regional government (KRG) can look to the basic principles of United Nation on the Independence of the Judiciary.

The Basic Principles of United Nation provides operational guidance on how to secure the independence and tenure of judges, addressing issues like recruitment, remuneration, promotion, immunity and removal and other principles and core values of the judiciary such as independence, impartiality, integrity, propriety, equality, competence and diligence.

These standards serve as a set of ethical standards to guide judges’ conduct. They also provide a framework for regulating judicial conduct, educating members of the executive, the legislature, lawyers, and the general public on the judicial role, and set a standard to evaluate the judicial sector’s performance.

All central and regional governments including KRG, must practically promote the legitimacy of regional organizations and the UN, and in accordance with their international and domestic obligations, maintain independent and impartial judiciaries to uphold the rule of law and support stable governments, promote economic and social development, and protect human rights.

Araz Barwari is a law student at the University of Nawroz in Kurdistan of Iraq.

The opinions are those of the writer and do not necessarily represent the views of iKurd.net or its editors.