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A summary report about the role of the Supreme Judicial Council to implement Third Amendment Act of Elections of the Council of Representatives Act  No. 45 of 2003 in respect with the elections of the Council of Representatives of 2018.

A summary report about the role of the Supreme Judicial Council to implement Third Amendment Act of Elections of the Council of Representatives Act No. 45 of 2003 in respect with the elections of the Council of Representatives of 2018.

2018-09-24 11:24:00

-As Third Amendment Act of Elections of the Council of Representatives Act  No. 45 of 2003 was issued and come into force from the date of being certified  by the Council of Representatives on 6.6.2018, the Supreme Judicial Council formed a committee that transfer to Independent Higher Electoral Commission to review the work of the commission.

-After objecting on the said Amendment Act , the cases were filed before the Federal Supreme Court and request to vacate the act, the starting  measures of the manual recount had acted carefully and the waiting the issuance of a decision of the Federal Supreme Court . At that time the Supreme Judicial Council met to assign judges to be the members of the Broad of Commissioners to manage the Independent Higher Electoral Commission, named judges to be  the mangers of the electoral offices in the provinces and to consider the presented options to carry out the manual recount. 

- After the Federal Supreme Court made a decision which included  the dismissing the objection on the Amendment Act of  the Elections, the Board of Commissioners decided to apply the Federal Supreme Court decision. The manual recount of the ballot stations upon which the complaints were filed,  shall be done and this process shall be done  under the supervision of United Nation observers, political entities and media.

-The assigned Board of Commissioners started the practical procedures of manual recount. The tasks were distributed among the members of the Board of Commissioners . Thus, some of them went to provinces since it is better to carry out the field recount therein, while the station upon which the complaints were filed ,brought from other provinces to Baghdad. The manual recount process started with the involvement of a great number of the employees of the Commission and  the Supreme Judicial Council and in presence of the UN observers, Special Representative of the Secretary General of UN, Jan Kubis, his assistant ,Alice Wolbol, a number of ambassadors , the representative of  diplomatic corps in Iraq and  the observers of the political entities.

- Regarding to the elections that carried out abroad, the official reports that were received from the committee which was formed by the Council of Ministers, were considered. Moving to three states are Jordan, Iran and Turkey  to carry out the manual recount of the station upon which the complaints were filed.

- The appeals which challenged the decision of the assigned Board of Commissioners regarding the result of recount were (248) . The Judicial Electoral Panel which consists of  three judges of the Court of Cassation, reviewed these appeals and some of which were accepted but the other are rejected in accordance with evidences were provided by the appellant.

*  As a result of the manual recount of the election stations and centers throughout Iraqi provinces, the results were changed as following:

First :  the changes took place on the candidates in the same list:

  1. Baghdad (Sairoon) candidate Nasreen Fadel Rahm Ali instead of the candidate Azed Hamid Shafi Ross Mohamed.
  2. Baghdad (National Coalition) candidate Yahya Ahmed Faraj Hammadi instead of the candidate Hassan Khudair Abbas Shuwaird.
  3. Anbar (Anbar ,Our Identity) candidate Faleh Younis Hassan Jadoua instead of the candidate Zeinab Abdel Hamid Saleh Mubarak.
  4. Anbar (Abrun) candidate Ibtisam Mohammed Dareb Khalaf instead of the candidate Nuri Ghafel Hamadi Tohma.
  5. Ninewa (Democratic Party of Kurdistan ) candidate Safwan Basher Younis instead of the candidate Khaleda Khalil Rasho  Semo.
  6. Ninewa (Party of the People) candidate Siham Abbas Ali Hamadeh instead of the candidate Mohamed Farman Shaher Salman.
  7. Dhi Qar (Sairoon) candidate Hamadallah Mezher Gul Hamdan instead of the candidate Wassen Abdul Hussien Faleh Hassan.
  8. Dhi Qar (Stream of Wisdom) candidate Ajyal Karim Salman Mohi instead of the candidate Sattar Jabbar Abbas Taher.
  9. Salah al-Din (Iraqi Decision Coalition) candidate Shamael Sahib Mutter instead of the candidate Khaleda Ibrahim.
  10.  Basra(Victory) candidate Mzahim Mustafa Mansour instead of the candidate Farouk Hilal Juma.

Second: The changes took  place by transfer the seat from a list to another:

  1.   Baghdad (Fatah Alliance )candidate Mohammed Sahib Khalaf instead of the candidate of the Baghdad Alliance Mohmoud Hussien Mutlaq Shalash.
  2.   Baghdad (Nofal Al-Nashi) candidate Nawfel Sharif Jouda Shahar instead of the candidate lameaa Shawi Funjan Mahana because of forgery of her certificate.

The work of the assigned judges to carry out the tasks of the Board of Commissioners and mangers of electoral offices in the provinces finished when the Federal Supreme Court approved the results of the elections on 12.8.2018 in accordance with Article (5) of  Third Amendment Act of the Elections of the Council of Representatives Act  No. 45 of 2003. Therefore, the Supreme Judicial Council has done  the assigned  mission under Third Amendment Act of the Elections of the Council of Representatives Act.

 

 

 

 

 

 


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