The international treaties and agreements and regional human rights provisions allowing the restriction of the exercise of certain rights and freedoms to confront the exceptional circumstances threaten national sovereignty, safety and applied the emergency law in many states, but it evolved dramatically after the events of September 11 had expanded States considers itself castle fortress of democracy and human rights Article IV, paragraph first of the International Covenant on Civil and Political Rights that it ((the States Parties to this Convention in the case of public emergency which threatens the life of the nation, which declared its existence officially take measures to solve their obligations as stipulated in the Convention according to the exigencies of the situation accurately, provided that the Attenave with these procedures other obligations under international law not to include these procedures certain distinction on the basis of race, color, sex, religion, language or social origin.
The second paragraph of this article that it may disengage from the obligations set forth in Articles 6, 7, 8, 11, 15, 16, 18, which revolved around the following fundamental rights : the right to life, right to legal personality, the prohibition of torture and slavery, freedom of thought, freedom of belief and religion, the prohibition of imprisonment for breach of contractual obligation, non-retroactivity of legal texts.
The requirement in exceptional circumstance which would justify some departures from the obligations contained in the human rights instruments that involve a threat to the continuation of normal life and regular attention composed of the State. On that fall under exceptional circumstance, in accordance with the convention of international jurisprudence wars, serious political crises, including acts of violence and Aladhtaraba T. serious internal terrorism and acts of vandalism and domestic natural disasters that the work permit exceptional circumstance which constitutes a threat to the life of the nation and be serious to announce the availability of exceptional circumstance, and the dangers of the international community and takes into account the non-compromising fundamental human rights and the principle of proportionality of the special with the magnitude of the threat and defense requirements of the supreme interest of the group, taking into account non-discrimination and the treatment of all individuals on the basis of equality without discrimination, as well as not conflict with respect for international commitments, whether the source of these commitments international convention or international customary rules
In Iraq after the American occupation ((Because of the circumstances of the serious security repercussions difficult have engulfed Iraq at this stage, which is to deal decisively with terrorists and those who abuse the law, Proceeding from the government's Interim Force to protect the citizen's right to a dignified life and to ensure basic rights, civil and Allatzam creating a climate of security appropriate to hold free and democratic elections as dictated by the State Administration Law, and to promote the transition rule of law and independence of the judiciary and the effectiveness and control and prevent abuses in the use of force in exceptional circumstances)) was ordered safety National No. (1) for 2004 and ensure the declaration of a state of emergency by the prime minister after approval of the Presidency, contains a state of emergency, causes and identify the region covered by the decree and the Prime Minister extraordinary powers in an emergency situation, including setting restrictions on the freedom of citizens and foreigners in Iraq and the imposition of curfews and isolating areas witness a serious threat to security, inspect and restrictions on the funds and on the possession of prohibited objects and custody of funds accused of conspiring and disobedience and rebellion, assassinations and bombings and to take precautionary measures on all types of telecommunications and restrictions on the means of transport and land transport, air and water restrictions on the assignee general and commercial, clubs and unions, companies and institutions, departments and scheduling opening and closing and control work and put them under supervision after obtaining a judicial decision and take action, military and security decisions quickly be limited and appropriate in areas where a state of emergency
And also give the power to use multi-national forces, is really the decisions and orders issued arrest and the arrest of persons and property to the investigating magistrate and was accused during the twenty-four hours, the judge also determined the penalty of imprisonment and three years and a fine of three million dinars for each violation of the orders and instructions of the Prime Minister, and really is the Presidency to ratify the decisions and actions, the National Assembly special advisory right to oversee the implementation of these procedures, as well as the decisions and actions are subject to the Prime Minister control the Appeal Court and the Supreme Federal Court and the courts the right to cancel these decisions and actions and the report of invalidity and non-literal or approval, taking into account the special circumstances is not given safety Reis Minister of no legal validity of the penalties or disrupt Awalgaa Allieu n Department of State and despite some drawbacks of legal order and national safety, the lack of a legal linkage example, Article 3-VI to impose restrictions on trade unions, associations, institutions and constituencies in the case relate to the crimes listed in Article (7) of paragraph I. It murder, rape, kidnapping, sabotage, bombing and the destruction of public and private property and possession of military weapons and equipment, manufacture, trafficking, smuggling and known that the trade unions, associations and institutions is a person of moral Is it rational to commit murder, whether committed by one member of what a person moral and stop asking and disrupting the activity has taken advantage of this article to stop all balances trade unions and human rights associations and civil society organizations Prime Minister's decision No. 8750 in 2005 and still in force, which disrupted the activities of these organizations for a long period without any of them to any legal violation, if one of these actors work contrary to law as everyone else's fault impound assets
Nevertheless, a national safety guarantee legal guarantees acceptable to control the decisions and actions of both the Prime Minister before the Presidency or the National Assembly or the judiciary, while the Constitution does not include a statement of such guarantees
In Article IX (58) gave the House declaration of a state of emergency by a two thirds majority at the request of the President and the Prime Minister and declares for thirty days may be extended to empower the prime minister Salahia T. necessary to manage the country's affairs during the period of declaration of a state of emergency and introduce the President of the Council of Ministers House action taken and results in para-c-stated that the powers of the Prime Minister, including the law governing Aitaard with the Constitution came this paragraph brief did not tell us any of the provisions of the constitution, which must Ataardha powers not to refer to international and regional agreements nor any of the human rights instruments did not refer to the , which exercises control over the decisions and actions of the Prime Minister and any quarters either the House or the judiciary has the power to cancellation, amendment and approval
Since it was not issued until now a law to regulate these powers and the legislative vacuum was avoided and the House pass legislation that regulates these powers rather than due to the application of the National Safety is No. (1) for 2004 as some paragraphs to coincide with the constitutional provisions governing the state of emergency, for example, it a state of emergency in the Constitution thirty days in duration and is the 60th National Safety Day, as well as the body that approves the declaration of a state of emergency in addition to the legislative bodies changed after the issuance of the Constitution and the difficult security situation deteriorating significantly after the date of issuance of a national safety and creating new challenges which need legislation faces these challenges, but by the sojourn to the widespread loss of basic human rights including the right to life, and preserves the fundamental rights enshrined in the Constitution and the procedures Aitrk Prime Minister uncontrolled defines his powers and stop decisions which violate the basic human rights contained in the Constitution and to Aijammad political life and media and the work of civil society civil pretext of a state of emergency and to stop the violations taking place currently for human rights by the security services, which operate without any control or accountability and the legal declaration of a state of emergency only in the troubled areas and impose security in areas of Attani any disruption to life to avoid parked in the country without In order to undue Atbeki policy of the state of emergency is an imperative and lasts for unspecified periods cast a shadow over the whole of life in Iraq
Attorney Sahar Yasiri
