Baghdad / Zaid Al – Araji
The judiciary ends one of the tribal customs that constituted a threat to the security of the community after considering (Tribal attack) is a terrorist act to be held accountable under Anti-Terrorism Act .
The “attack” is the act of members of a particular tribe threatening a citizen of another tribe by firing at his house as a warning to force him to negotiate a settlement of the dispute. If the target party does not agree, the situation will result in victims on both sides .
The “Tribal attack” has taken a dangerous turn after it was spread in the last period in an unprecedented manner, as this action is no longer limited to shooting, but the perpetrators have begun to use of medium weapons such as grenades and anti-tank launchers, and these actions led to victims .
A number of operational leaders including the Baghdad Operations Command have called on the judiciary to express its opinion on tougher penalties for those charged . In a periodic session , the Supreme Judicial Council issued its decision to consider the "Tribal attack" as a terrorism according to article (2) of the Anti-Terrorism Act No. (13) of 2005 which states that the threat to terrorize people whatever their motives is a terrorist act .
This decision was quickly reinforced by a meeting of a number of judges with the leaders of the Ministry of the Interior and in the presence of the Undersecretary of the Interior to determine how to implement it. In exceptional judicial efforts and in coordination with the Security Services most of the operational leaders carried out a number of arrest warrants against whom violates the decision .
In Maysan, the Appeal Court announced the ratification of the statements of (44) accused of the Tribal attack under Article (2) of Anti-Terrorism Act which led to the decline of these works there largely to (90%) according to Judge Saad Sbahan .
Al-Sbahan first judge of Al Amara Investigation Court, said to the Judiciary that (tribal attack) decreased to (90%) in areas of the province and ended completely in another , Al Amara Investigation Court alone approved the statements of (30) suspects and issued (17) arrest warrants.
He noted that the province of Maysan witnessed such acts in abundance as it is the most province of Iraq which is typified by the tribal character . He praised the decision of the Supreme Judicial Council and the new issued adaptation as well as the role of the Security Services in the application of it because of the good results have achieved on the ground .
The Security Services and Interior Ministry leaders began to be enthusiastic about the decision, as confirmed by the spokesman of the Supreme Judicial Council Judge Abdul Sattar Al-Birqadar, who attended a meeting of the judiciary and Ministry of the Interior to determine how to implement it.
Judge Al-Birqadar said to the judiciary: at the meeting, we sought the enthusiasm and willingness of the leaders of the Ministry of the Interior to implement this decision . And it was agreed to locating certain centers to place the accused away from the police stations in the areas to eliminate the pressures that could affect the conduct of the investigation.
Judge Al-Birqadar added: “the Security Services were confirmed to arrest those who carried out such acts without need to issue an arrest warrant, considering the attack as the known crimes” pointing out that the reason for the issuance of the Supreme Judicial Council decision is to transfer the crime of threatening the tribal attack of article (431) of Penal Code to article (2) of the Anti-Terrorism Act, is the growing of this type of crime in recent times and is identical to the new adaptation of the article (2) of the Anti-Terrorism Act.
Judge Al-Birqadar added: “adaptation under Anti-Terrorism Act has several implications including the inability to guaranty the accused and considered it a crime breach of honor , it’s may be sentenced to death” pointing out Anti-Terrorism Act treats all who participated or instigated the act as the executor of the act , in addition to the inclusion of the law for all acts that cause panic in the souls of citizens, including writing on the walls of houses in terms of threat and all who have already participated in the criminal.
The official spokesman said: the numbers of these crimes received by the Supreme Judicial Council confirmed the decline of this crime phenomenon significantly after the issuance of the decision.
In Baghdad, Judge Ahmed Al-Mirani, an investigating judge in the Central Court, confirmed that most areas of the capital city decreased the acts of "tribal attack" after the decision of the Supreme Judicial Council to consider this act as terrorism.
The judge Al-Mirani said that these crimes are within known crimes The Security Services have the right to arrest all those who participated in the work pointing out that this measure encourages the citizen victim to file a complaint without hesitation or fear of threats in addition to the citizens actually provide their testimony naturally which resulted in quick investigation procedures to refer these cases to specialized courts , pointing out that the decision gave the members of the security forces enough force to impose law on anyone who was and keep them from all the pressures from some of the outsiders tribes.
An investigative judge at the central court said that recent intelligence information has revealed the proliferation of offices that trade and receive money in return for threatening someone or attacking his home for specific purposes , stressing that the Iraqi tribes do not carry out these terrorist acts and they are clans with traditions and customs .
The judge said that the supreme religious authority in Najaf announced its support for the decision of the Supreme Judicial Council and the end of the so-called tribal attack, as we have documented supporting most of Iraq's provinces and tribes to this decision, considering it a serious step on the way to modify tribal habits and guidance for the better.