governed by relevant laws. The independence of justice and the neutrality of
judges were guaranteed by the law of 1987 on the organization of the
judiciary. The only authority having power to remove a judge was the
Commission on Cases concerning Judges and Magistrates, which consisted of
jurists belonging to the Bar, That Commission could recommend the dismissal
of a judge if it found that he had dishonoured his profession or was unfit to
continue to perform his functions because of considerations relating to
integrity or competence. The Government made no recommendations with regard
to the appointment of judges, who were chosen from among lawyers or other
candidates selected by the Council of the Legal Institute, a totally
independent body headed by a judge or a prosecutor. The law providing for the
Administrative Causes Court to be headed by a member of the Council of State
reflected a departure from the principle that all members of courts should be
judges. That constituted a problem that deserved to be thoroughly addressed.
202. Responding to other questions, the representative explained that the
power of the Director of Public Prosecutions to appeal against a decision
taken in breach of the law and to the detriment of the national interest,
State property or public order had been provided for under an amendment made
in 1987 to the Public Prosecution Act. No special courts existed in Iraq and
the prerogatives of the Revolutionary Court had been transferred to the
ordinary courts in accordance with their respective areas of jurisdiction and
geographical distribution.
freedom of movement and expulsion of aliens
203. In connection with that issue, members of the Committee wished to know
what legal provisions governed the expulsion of aliens; whether an appeal
against an expulsion order had suspensive effect; what legal provisions
governed the freedom of movement of aliens in the country; what had been the
legal basis for the restriction of freedom of movement of aliens subsequent to
2 August 1990; what the basis was for the formulation of the measures applied
in August 1990 by the authorities; and whether there had been any mass
movements in Iraq during the period under consideration. In addition, further
information was requested regarding freedom of movement of Iraqi citizens
within the country.
204. In his reply, the representative of the State party said that aliens who
had been legally authorized to enter Iraq could move freely within the
confines of Iraqi territory. Certain zones, such as military bases and
strategic laboratories, were forbidden to both Iraqi citizens and aliens.
Article 11 of the Act governing the residence of aliens empowered the Director
General of the responsible service to order the expulsion of an alien, who
could then appeal against that decision to the Minister of the Interior within
15 days of its notification.
205. Referring to the restrictions placed on the freedom of movement of aliens
in Irag after 2 August 1990, he explained that such restrictions had
constituted extraordinary measures applied in exceptional circumstances. The
aliens concerned had not been placed in enforced residence in particularly
uncomfortable places. The authorities had thus followed the principle whereby
an exceptional situation called for exceptional measures. In any case, no
national of a third country residing in Iraq had suffered from those measures
and all the persons concerned had been able to leave Iraq eventually, so that
when the war broke out no aliens were still being retained in Iraq.
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