1. CRIMINAL COURTS AND PROCEEDINGS IN IRAQ Wilson Myers wilsonmyers@yahoo.com Justice Must Be Won IX" -2006 ACDLA Summer Seminar & Annual Meeting June 22, 2006

2. INTRODUCTION Based on 14 Months in Iraq from March 2004 to May 2005 Justice Assessment - Southern Iraq - October 2004 REPORT OF THE IRAQ JUDICIAL ASSESSMENT TEAMJULY 2003 - United States Department of Justice (Office of Overseas Prosecutorial Development Assistance and Training) Court Appointed Attorney Program (CAAP)

3. BACKGROUND CONTEXT The infrastructure of the Iraqi legal system, was severely damaged as a result of looting following the war This was the final blow to a justice system which was devastated by the stifling of independence of the judiciary, corruption of personnel, isolation from other legal systems, and an inefficient and centrist system of administration.

4. Investigative Courts The Iraqi criminal justice system is inquisitorial, with investigations being conducted under the direction of an investigating magistrate. All suspects initially go (within 24 hours) before the investigative court, which is responsible for running the investigation into the offence.

5. Misdemeanour Court The Court of Misdemeanour has jurisdiction over misdemeanours and infractions only. The trial panel is a single judge. The court must give the prosecutor, the defendant and any witnesses who are to testify at least 3 days notice of the trial date.

6. Felony Court The felony trial procedure, in theory, is as follows: The defendant is brought before the court and identified on the record. The court hears the testimony of the victim or the complainant under oath and the statement of any civil plaintiff. The evidence, reports, investigations and other documents obtained during the investigation are then reviewed. If the defendant has pleaded guilty the court proceeds to hear arguments from the prosecutor and defence. Where the defendant denies the charge, defence witnesses are heard and the remaining evidence in his defence is produced. The victim, civil plaintiff, civil advocate, public prosecutor and defence then make their position known, in that order. The court then delivers its verdict ex temporary or adjourns to decide.

7. Juvenile Proceedings Investigation and Trial - Under the Juvenile Code of 1983, males and females between 10 and 18 years of age (inclusive) are considered juveniles. -Specialised prosecutors are also assigned to juvenile cases. -Psychological, social and fitness assessments are done by social workers specialised in this area and by doctors at a designated hospital.

8. Juvenile Proceedings Sentencing For the purpose of sentencing, juveniles are divided into 2 age categories, 10-14 years and 15-18 years. They may not be subject to capital punishment. In the 10-14 years category, the maximum penalty for a felony is 10 years’ detention in a juvenile rehabilitation school. In the 15-18 year category, the maximum penalty is 15 years for a felony.

9. Appeals Judgments made by the investigative court at the end of the investigation are subject to appeal to the Felony Court. Convictions of infractions can only be appealed if the sentence includes detention; the appeal is to the Felony Court.

10. Officers of the Court The Prosecutor The Judicial Investigator The Defence Lawyer

11. IRAQI DEFENSE COUNSEL TRAINING 0830 – 0930: INTRODUCTIONS, ADMINISTRATIVE MATTERS 0930 – 1030: PROUD HISTORY OF THE IRAQI JUDICIARY 1030 – 1200: IRAQI LAW and CPA ORDERS 1300 – 1500:ROLE OF CRIMINAL DEFENSE COUNSEL Appointment and Payment Changes in Iraqi Criminal Laws Changes in Iraqi Criminal Procedures Evaluation of evidence Relevancy of evidence

12. RELATED CRIMINAL JUSTICE INSTITUTIONS Police Remand and Correctional Services TRIBAL JUSTICE/ CONCILIATION

13. POLICE Judges fail to enforce due process standards within the ranks of the police, mainly due to their perception of a lack of authority to do so. A fundamental lack of cooperation between the police and judiciary (and, to a lesser extent, the prisons services) further undermines efforts to uphold due process.

14. COURT-APPOINTED ATTORNEY PROGRAM (“CAAP”) (LEGAL AID) Pre-war Position Post-war Position CPA Legal Aid Program Assessment

15. THE PRIVATE BAR Bar Association Structure and Functions CPA Initiatives, Observations Assessment

16. Questions? Wilson Myers wilsonmyers@yahoo.com