Iraq's amnesty and provincial powers laws

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FACTBOX-Iraq's amnesty and provincial powers laws

18 Feb 2008 14:04:25 GMT

Source: Reuters

Feb 18 (Reuters) -

Iraq's parliament passed three laws last week that were seen as a step toward national reconciliation.

Following are details of two of the laws: an amnesty that could free thousands of mainly Sunni Arab prisoners and a provincial powers law defining relations between Baghdad and local authorities. The third law was the 2008 budget.

AMNESTY LAW:

TO WHOM DOES IT APPLY?

- The law provides a general amnesty for all convicted Iraqis and those accused of crimes who are still under investigation or on trial. It will also apply to those detained for less than six months who have not appeared before an investigating judge, or those detained for more than a year who have not faced court.

WHO IS NOT INCLUDED?

- It does not apply to those who have been sentenced to death or those guilty of murder, terrorism leading to murder or disability, manslaughter when the victim's relatives have not waived their rights, kidnappings, embezzlement, rape and homosexuality, incest, counterfeiting, drug-related crimes and smuggling antiquities.

WHAT HAPPENS TO THOSE WHO RE-OFFEND?

- Anyone given amnesty and then found guilty within five years of a premeditated crime from the list of exemptions will have the punishment or criminal proceedings against them reactivated.

HOW DOES THE PROCESS WORK?

- A committee will be set up in each district court area to assess cases, presided over by a senior judge and three other judges and including a representative from the Public Prosecutor's Office. No timeframe is given for when this process begins.

WHAT ABOUT THOSE IN U.S. CUSTODY?

- The law puts the onus on Iraq's government to ensure detainees in U.S. military custody are transferred to Iraqi prisons. More than 23,000 prisoners are in U.S. prison camps in Iraq. A similar number are in Iraqi custody.

PROVINCIAL POWERS LAW:

WHAT DOES IT DO?

- The law sets out the framework for how provincial governments operate, detailing the powers of governors as well as of provincial, district and sub-district councils.

WHAT ABOUT PROVINCIAL ELECTIONS?

- The law says the national parliament should pass a provincial elections law within 90 days. Provincial elections should then be held no later than Oct. 1, which could allow groups such as Sunni Arabs who boycotted previous polls in 2005 to win some local power.

WHAT DOES THE GOVERNOR DO?

- The governor is considered the chief executive officer of the governorate.

- The governor implements decisions of the provincial council and the federal government's public policy, oversees public bodies except courts and military and educational institutions, issues orders appointing local government employees and can object to provincial council decisions.

WHAT ARE FUNCTIONS OF A PROVINCIAL COUNCIL

- It is the highest legislative body within a governorate and can issue local laws, providing they do not conflict with federal laws or the constitution. Councils serve four-year terms.

- It elects the governor and his two deputies and has the power to dismiss them. It approves local security plans.

WHO CAN STAND FOR OFFICE?

- Candidates must be Iraqi, over the age of 30, have no convictions for serious crimes, must not be in the military or the security forces and cannot be covered by a recent law that allows former members of Saddam Hussein's Baath party to return to government posts.

(For an ANALYSIS on the laws and how they affect reconciliation, please click on [iD:nL16231152].

(Reporting by Michael Holden)

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