Independence of courts, judge security in Iraq

The same judicial system which was being applied during British invasion after the national regime, continued to be implemented in Iraqi national regime (Iraqi National Government). Actually the said system or order (judicial system) was the one which has been being implemented since Ottoman era. However this system was rearranged in the light of court establishment declaration of 1917. Provisions regarding conditions for assignment of the justices, were implemented word for word during British invasion. This situation lasted till 1929. In that year Law No 31 on Justices and Cadis, was enacted. The said law included provisions regarding assignment, promotion, dismissal, disciplinary actions and trials of justices. As for the independence and security of judges in the Iraqi constitutions of 1925, 1968, 1970 and 2005, it's been stipulated that judges are not controlled by any public institutions save independence of justice and provisions of the law and they are not subject to control by any legislative and executive powers. Till 2005, justices were assigned by Ministry of Justice in Iraq. The Ministry of Justice assigns graduates of Institute of Justices as judges. However in 2005 Constitution power to assign justices and propose annual budget for judicial authorities was vested with High Judicial Commission. Protection of judicial power from the interventions by the legislative power is enforced through judicial supervision. Judicial supervision was enforced as follows in the constitutions from 1925 to 2004: Such supervision was performed by the Supreme Court in Iraqi Constitution of 1925 (Iraqi Constitution of Royal Era), by Constitutional Court in Constitution of 1968 and by Higher Federal Court in Iraqi Regime Constitution of 2004. Protection of judicial power from the interventions by the legislative power is ensured by providing securities to the judges. Such securities provide judicial immunity to enable justices to protect themselves against executive branch. That judges cannot be transferred or dismissed is one of these securities provided to them. According to Iraqi Constitution, it's impossible to transfer, remove or retire justices before expiry of a certain time, without a court order. Living and financial standards of judges must be very high so that they must not face struggling for making a living and they must be provided with a comfortable life so that they might attend to the case only based on their own judicial conscience without their judgment being clouded by their own interests or without pursuing their personal interests. 2005 Iraqi Constitution has guaranteed personal rights and freedoms of justices and granted them rights to express their minds and organize.Our paper examines legal grounds of independence of Iraqi courts, independence of courts and security of judges in Iraq, independence of courts and security of judges under 2005 constitution of Iraq within the framework of a dissertation.KEY WORDS1. Constitution2. Iraq3.Court4. Judge5. İndependence