Smart Justice (Inoperative Obligation)

Smart Justice (Inoperative Obligation)

Judge Amer Hassan Shantah

2018-12-20 09:58:00

Under the tremendous development of modern technology, the improvement of the  traditional systems of justice becomes necessary since it largely enhances the services that are introduced to citizens , at the same time  reduces the efforts and costs and achieves the perfect use of the available human sources . the administrative bureaucracy attributes to create  a atmosphere of non-comfortable and discontent among citizens.

If we talk  widely about the justice system in Iraq , the talk will undoubtedly include all departments of justice like Enforcement Division ,Registration of Real Estate and Notary as well as the courts. In that contact, any development shall target the entire system to achieve the required goal because there is a complementary relation links all these services.

The implementation of smart justice system will lead to reduce the forgery of the documents, decrease the expenses and ensure a high level electronic outflow  of information and also bring out additional sources of income for the bodies that apply it. The following  examples to show these  advantages, an electronic system is provided by the Department of Real Estate  introducing initial information about the real estate to confirm the legal situation safety  for a certain fee will be benefit and will obviate the need for the citizen to call at and resort to the mediators and follow-up men. it will be very benefit to have data base for unimplemented judgments and decisions at Enforcement Division that is called the grave of the judgments, with simple legislative intervention to deprive abstaining from some services provided by the government but in condition, it doesn't conflict with human rights. The possibility of electronically getting authentication  of the attorneys and deeds of the case by the first instance court competent in hearing a case of ownership, it will be a good matter.

The Supreme Judicial Council recognizes the importance of the smart justice so that it begins  serious steps in this contact for example the electronic receptions in many presidencies of appeal court, an electronic management and the project of the procedures of e-marriage contract. However, these steps need greater efforts to provide good services to the citizens.

It will be good to introduce ideas that Supreme Judicial Council considers in strategic version of improvement such as issuance standard documents for all procedures and transactions and they are continuously updated  in order to avoid their difference among the courts and sometimes among the judges in the same court. The aforementioned is called the system of standardization, giving an reference number for each case in addition to electronically archiving the documents and minutes and net link of all courts via central system to manage the cases and logging in is limited, will facilitate the circulation of the documents of the case and will enable the supervised bodies to know numbers of times of delay and its reasons ,the  partiesrequests that have not been decided yet and all procedures of the complaint. It will permit to statistic bodies to know the number of cases that registered in throughout country , proportion of the achievement of the courts and the kind of the cases.

In advanced stage , the council can take advantage of unified national number of a citizen and associate the introduce of the electronic service with it in respect to the transaction and cases . It will be a safe source to get real information of the applicant. The council can work to issue what is known  the digital judicial card or judicial situation sheet in which the civil situation of the citizen who is issued against him/her judgments by the first instance and personal status courts related to debts and expenses, is registered. This sheet would be available to creditors and contractors for a certain fee. Finally, the achievement of the smart justice won't be impossible, if the serious willingness is available.




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