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. -46-

Select target paragraph3