provisional character had been promulgated but they did not have the effect of
suspending the exercise of the rights proclaimed in the Covenant. The
Constitution and the social system of Iraq did not allow for any
discrimination because Iraq consisted of a network of very diverse
communities, which made for national unity. The Shiites were not subjected to
any discrimination, lived throughout the whole of the country and did not have
a special region reserved for them.
Right to a fair trial
198. With regard to that issue, members of the Committee wished to know
whether legal deadlines, including the deadlines for appeals against
judgements and decisions established by the Code of Civil Procedure, the Penal
Code and any other law, had been re-established as of 30 April 1991 and what
had been the consequences of the suspension of the rights of plaintiffs. In
the light of the dissolution of the Revolutionary Court and the establishment
of the Administrative Causes Court, they also requested information concerning
the organization, independence and impartiality of the judiciary; procedures
for the appointment and removal of judges; the scope of article 30 of the
Public Prosecution Act as amended by Act No. 5 of 7 January 1987, in
particular with regard to the right to have one's conviction and sentence
reviewed by a higher tribunal; and the meaning of the statement in the report
that an appeal could be made irrespective of the expiry of any legal
deadlines. In the latter connection, members inquired whether an appeal could
be made only when national interest, State property or public order was
concerned.
199. In addition, members requested additional information concerning the
study referred to in paragraph 48 of the report; and about the competence and
training required of candidates for appointment to the Court of Cassation.
They also wished to know why a member of the State Council, who was not a
judge, could exercise the functions of president of a court; whether all
ad hoc courts had been abolished along with the Revolutionary Court; and
whether the draft Constitution defined the functions of the judiciary or left
the matter to be dealt with by ordinary legislation, as at present.
200. In his reply, the representative of the State party stated that
Revolutionary Command Council decision No. 48 of 20 February 1991 had ceased
to have effect on 30 April 1991. Time-limits for appeals, which had been
suspended by that decision in disregard of the rights of litigants, had
subsequently been extended so that those concerned could effectively exercise
their right to a remedy. The dissolution of the Revolutionary Court and the
revision of the emergency measures had made it possible to give back to the
ordinary courts their jurisdiction in all areas as well as to strengthen the
role of those courts in protecting human rights. The Administrative Causes •
Court had been established to examine complaints by persons who considered
themselves to have been injured by administrative decisions taken against them
by the authorities.
201. Referring to the organization of the judiciary, the representative
explained that the Constitution set forth the major principles to be observed
with regard to the independence of the judiciary, the jurisdiction of the
courts and the rights of litigants, but that all questions relating to the
appointment, removal, remuneration and conditions of work of judges were
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