189. In his reply, the representative of the State party explained that, since
the submission of the report, the law on political parties had been adopted
and that the proposed new Constitution was to be submitted for approval in a
referendum once the National Assembly had completed its discussion on it.
Under a general rule embodied in a law, international instruments were
considered as an integral part of domestic legislation. The purpose of
drafting a code of human rights was precisely to clarify that point for those
who applied the law and to remedy shortcomings in national legislation that
might be inconsistent with international instruments. The Covenant was now
considered to be part of Iraqi legislation ancl its provisions could be invoked
by private individuals before the courts. A number of laws had been repealed,
including Decree No. 461, thereby abolishing the Revolutionary Court. A
review of all crimes carrying the death penalty was also being undertaken.
190. Responding to questions regarding the constitutional structure of the
country, the representative explained that the National Assembly examined
draft laws submitted to it by the Revolutionary Command Council. In the event
of a divergence of views between those bodies, a joint meeting would be held
at which a decision was taken by a two-thirds majority. A completely
different constitutional structure was, however, to be put in place under the
new Constitution. The "rioters" referred to throughout the report were
persons who in the course of rioting were accused of having committed serious
crimes against the State and private individuals that were punishable under
the Penal Code. Some 14,000 out of a total of 15,000 had been released as a
result of an amnesty, while investigations had been completed in respect of
approximatively 1,000 persons, allowing them to be brought to trial. One
hundred and eighty-seven persons, who were guilty of political offences and
who had been incited to riot by ei-cternal elements, had been excluded from the
amnesty.
191. Military forces were positioned in northern Iraq, which formed an
integral part of Iraqi territory, in order to demonstrate Iraq's sovereignty
in the area. The situation in that area was unstable and a matter of
concern. There had also been confrontations between the Kurdish parties
themselves and clashes had occurred as a consequence of the pursuit by foreign
forces of Kurds withdrawn into the mountain regions. The Government was,
however, continuing a constructive dialogue with the Kurds in order to
regularize their situation within Iraq. When disturbances occurred, causing
deaths in that part of the country, the authorities could not avoid their
responsibility or cease to guarantee security throughout the national
territory. Moreover, the Government had to see to it that the northern region
of the country benefited from all the public services that were available in
the other regions.
192. Referring to the situation in the Basra region where 50,000 Shiites
lived, the representative stated that Iraq had always cooperated actively with
international organizations working there. The situation of Shiites could not
be regarded as special in character since, under the Iraqi Constitution and
laws, the equality of all communities and denominations was guaranteed. The
fact that the people in that region were Shiites bore no relationship to the
actions by the authorities, which had been rendered necessary by the riots
that had been raging in that area.
193. Referring to the alleged detention of experts of the International Atomic
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