MoJ_facts-in-brief

Coalition Provisional Authority Ministry of Justice Facts-in-Brief (Current as of July 5, 2003) General information Mission: institute rule of law in Iraq and restore non-judicial Ministry functions Ministry has responsibility for: Courts Prosecutors Judicial and prosecutorial training Publishing Legal Gazette (all laws and CPA proclamations) Notaries Public Deeds & Records Prisons (since June 5) Est. 12,000 employees Est. 130 courthouses (est. 48 in operation) Est. 400 courts (est. 100 in operation) Organizational charts attached CPA Senior Advisor: Judge Donald F. Campbell The Ministry at war's end The justice system was idle almost total devastation most Ministry buildings had suffered extensive damage from looting, were non-functional of 18 courthouses in Baghdad, 12 were gutted approximately 75% of the remaining estimated 110 courthouses in Iraq (outside Kurdish regions) were destroyed as well neither courts nor other central ministry functions were operating many Ministry employees continued to report for work, but could do nothing. Business-as-usual in Kurdish region Many complaints of prevalent Ba'athism, corruption corruption ubiquitous, according to all sources but less Ba'athist taint than other Ministries judiciary was not viewed as fast track to success Saddam diverted all cases of interest to regime to special security, military, police, and other courts Only 35 of 12,000 employees were in top four Ba'ath party levels Detention centers were responsibility of Ministry of Interior; prisons were responsibility of Ministry of Labor & Social Affairs. Both types of holding facility were in deplorable condition The Ministry of Justice since war's end Consolidated all Baghdad criminal court functions into the two operational Baghdad courthouses May 8, 2003 $20 emergency payments disbursed in Baghdad on May 10; additional $30 emergency payments and salaries in Baghdad and some governorates on June 1; regular payments now underway Assumed responsibility for prisons pursuant to CPA Order No. 10 prisons standards set by CPA Memorandum No. 2 est. 8 prison facilities operating nationwide maximum-security prison needed Extensive facilities repairs underway total $480,000 secured for emergency repairs; over $2M for repairs generally Ministry building now partially operable and work is ongoing Iraqi Judicial College (formerly Judicial Training Institute), which had been completely gutted, was repaired with USAID assistance and re-opened on June 17, the first major reconstruction projected completed since Saddam's fall Many courts and courthouses up and running est. 400 courts (est. 100 now operating) est. 130 courthouses (est. 48 now operating) De-Ba'athification: interviewed and screened all top officials including Directors General. Minister had fled five directors general were removed for party affiliation exceptions requested for two still pending Applicable law and legal reforms 1969 Penal Code, subject to CPA Order No. 7 repealing odious provisions inconsistent with fundamental human rights 1971 Penal Procedure Code, subject to CPA Memorandum No. 3 establishing new rights such as right to counsel new public defender program being developed right against self-incrimination right to be informed of these rights absolute exclusion of evidence obtained by torture Comprehensive National Judicial Assessment was conducted May - June Judicial Review Committee established to vet every judge and prosecutor for Ba'athist links, corruption, complicity in human rights abuses, other malfeasance has begun reviewing judges and prosecutors, starting with personnel for Central Criminal Court of Iraq Central Criminal Court of Iraq best judges and prosecutors from around country formed to try cases of national importance will be model for Iraqi judiciary of substantive and procedural fairness aims to begin operations in July Legal Gazette resumed publishing contains all Coalition orders, regulations, etc. has been published since 1920's postwar publication resumed on June 17 Pro bono program lawyers perform legal services to needy clients and receive $2 per hour, up to 125 hours $100,000 in funding Approx. $80,000 disbursed so far Comprehensive National Policy Guidance disseminated on June 27 Kurdish region business-as-usual Clint Williamson visited with KDP and PDK Ministers of Justice in late May said Coalition did not wish to inaugurate immediate, sharp changes also that we wished to open dialogue reintegration plan needed Medhat Mahmood will be appointed acting officer-in-charge of the Ministry of Justice Mr. Medhat is President of the State Judicial Advisory Council was never a Ba'athist attended Donor Conference in New York in June The way ahead and future goals Continue reconstruction efforts Build criminal defense counsel program Implement and inculcate new criminal justice rights Judicial Review Committee work underway Central Criminal Court of Iraq to begin proceedings in July Judicial Inspection Unit as follow-on to Judicial Review Committee to maintain standards Continue de-Ba'athification Return to Ministries Page