References: The Iraqi Constitution, Article 84, section 3: "Third: Settle matters that arise from the application of the federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law shall guarantee the right of each of the Cabinet, the concerned individuals and others of direct contest with the Court."

Peer Review Comments: Thirdly, Article (19), the right to litigate, is guaranteed to everyone in the Constitution of the Republic of Iraq, 2005.

The Al Malki press release discussed the media and the need for reform.

References: "Al Malki Meets with Baghdad Provincial Counsel to Discuss Reforms," [ LINK ]) (Oct. 30, 2008).

Interview with Al Maliki, Al Iraqiya TV (May 29, 2005).

Press release, Al Maliki, [ LINK ] (June 16, 2006). "Al Tawfiq Block Threatens to Withdraw Because Al Maliki Is Not Responding to Their Requests," [ LINK ].

References: Article 90: The Federal Supreme Court shall have jurisdiction over the following: First: Oversight of the constitutionality of laws and regulations in effect.

References: Interview, Radhi Al Radhi (Oct. 2007).

The prime minister limited the action of the Integrity Commission by passing an executive order that no minister can be questioned without his approval. From a report by the Office of the Special Inspector General For Iraq Reconstruction: "On April 1, 2007, the Prime Ministers Office issued an order to all Ministries including the CoI that effectively limited their authority. To illustrate, the memo stated that the CoI was not to refer any personnel in the Presidential Office, the Council of Ministers, or current or previous ministers to court without approval of the Prime Minister."

References: Corn, David, "Judge Radhi Testifies on Iraqi Corruption; GOPers Attack--UPDATE," [ LINK ], (Oct. 5, 2007).

Testimony by Al-Radhi, [ LINK ].

"Anti-Corruption Efforts in Iraq: U.S. and Iraq take actions but much remains to be done" Office of the Special Inspector General For Iraq Reconstruction. July 29, 2008. [ LINK ]

References: The Constitution, Article 93, section 6: re settling accusations directed against the President, the Prime minister and the Ministers; this shall be regulated by law.

In practice, several ministers were prosecuted and sentenced but only after they left office. Among these ministers were Hazim Al Shalan (Minister of Defense) and Ayham Sammurai (Minister of Electricity).

According to a report from the Office of the Special Inspector General For Iraq Reconstruction, there is a loophole that allows ministers to protect their employees from being investigated or prosecuted: "Paragraph 136(b) of the Iraq Criminal Procedure Code: This code allows ministers to halt a corruption proceeding and thereby prevent the arrest of their employees. DoS reported in its 2007 Human Rights Report that in 2007 ministers used this provision at least 67 times to halt the adjudication and arrest of employees, well above the 15 or more times it was used in 2006. DoS also noted that unlike 2006, in 2007 no new high-profile cases were brought to court."

References: The Iraqi Penal Law, No.111, year 1969, and Criminal Law, year 1971: both still effective and give the right to prosecute ministerial low-level officials for their crimes.

Section 91, Iraqi Constitution: gives the Supreme Federal Law the authority to prosecute any government senior official for crimes committed by him.

"Anti-Corruption Efforts in Iraq: U.S. and Iraq take actions but much remains to be done" Office of the Special Inspector General For Iraq Reconstruction. July 29, 2008. [ LINK ]

The Commission On Public Integrity also issued a Regulation of Financial Interests (No (1) 2005) directing officials such as the president, his deputies, members of Parliament, ministers, all Commission on Public Integrity staff, general managers of state-run companies, judges, and certain military and police officers to file personal assets disclosure forms. These forms were to contain personal information detailing personal assets such as land, bank accounts (both inside and outside Iraq) and other information which related to officials income.

Covered officials were to have submitted a financial disclosure report to the Commission on Public Integrity directly after their appointment to office. They were also required to file subsequent annual reports as well as file a final report thirty days after leaving government service.

In practice, officials have not followed the financial disclosure requirements or other conflicts of interest provisions laid out by the Commission.

References: Testimony, Al-Radhi, [ LINK ].

"Anti-Corruption Efforts in Iraq: U.S. and Iraq take actions but much remains to be done" Office of the Special Inspector General For Iraq Reconstruction. July 29, 2008. [ LINK ]

Code of Conduct (No (1) 2006)

Regulation of Financial Interests (No (1) 2005)

Peer Review Comments: No one can force officials to file a regular asset disclosure form.

The Commission On Public Integrity also issued a Regulation of Financial Interests (No (1) 2005) directing officials such as the president, his deputies, members of Parliament, ministers, all Commission on Public Integrity staff, general managers of state-run companies, judges, and certain military and police officers to file personal assets disclosure forms. These forms were to contain personal information detailing personal assets such as land, bank accounts (both inside and outside Iraq) and other information which related to officials income.

Covered officials were to have submitted a financial disclosure report to the Commission on Public Integrity directly after their appointment to office. They were also required to file subsequent annual reports as well as file a final report thirty days after leaving government service.

In practice, officials have not followed the financial disclosure requirements or other conflicts of interest provisions laid out by the Commission.

References: Testimony, Radhi, [ LINK ].

"Anti-Corruption Efforts in Iraq: U.S. and Iraq take actions but much remains to be done" Office of the Special Inspector General For Iraq Reconstruction. July 29, 2008. [ LINK ]

Code of Conduct (No (1) 2006)

Regulation of Financial Interests (No (1) 2005)

References: Testimony, Radhi, [ LINK ].

Iraqi Criminal Law, Articles 442-3.

Code of Conduct (No (1) 2006)

The Commission On Public Integrity also issued a Regulation of Financial Interests (No (1) 2005) directing officials such as the president, his deputies, members of Parliament, ministers, all Commission on Public Integrity staff, general managers of state-run companies, judges, and certain military and police officers to file personal assets disclosure forms. These forms were to contain personal information detailing personal assets such as land, bank accounts (both inside and outside Iraq) and other information which related to officials income.

Covered officials were to have submitted a financial disclosure report to the Commission on Public Integrity directly after their appointment to office. They were also required to file subsequent annual reports as well as file a final report thirty days after leaving government service.

In practice, officials have not followed the financial disclosure requirements or other conflicts of interest provisions laid out by the Commission.

References: Integrity Law, Article 55, part V, 2004.

"Anti-Corruption Efforts in Iraq: U.S. and Iraq take actions but much remains to be done" Office of the Special Inspector General For Iraq Reconstruction. July 29, 2008. [ LINK ]

Code of Conduct (No (1) 2006)

Regulation of Financial Interests (No (1) 2005)

References: Absent from the Iraqi Constitution.

References: Both the Iraqi Constitution and the bylaws are silent on the matter.

The Code of Conduct is simply not followed in practice or enforced regularly.

References: New Yorker, "Jalal Talabani," (Feb 5, 2007).

Testimony, Radhi, [ LINK ].

Code of Conduct (No (1) 2006)

Interview with Durgham Fadel, Lecturer, Basra University

References: Testimony, Radhi, [ LINK ].

Interview with former Chief Integrity Commissioner (Nov. 3, 2008).

"Anti-Corruption Efforts in Iraq: U.S. and Iraq take actions but much remains to be done" Office of the Special Inspector General For Iraq Reconstruction. July 29, 2008. [ LINK ]

Interview with Durgham Fadel, Lecturer, Basra University

References: Theoretically, yes. An electronic disclosure program was adopted to make such disclosures available to the public (were they ever to be filed). The program was initiated by the Ministry of Finance but was halted because of the kidnapping of some of the program managers.

Peer Review Comments: In practice, no one can can access the asset disclosure records of the heads of state and government.

With the closure of the electronic program, there is no way for citizens to access any information about official assets.

A report from the Office of the Special Inspector General for Iraq Reconstruction describes the inability of the Commission on Integrity to enforce the submission of audit reports: "although the organization is required by law to enforce officials' filing of financial disclosure reports, [U.S.] DoS concluded it was not powerful enough to enforce the requirement." The issue is not that citizen access is denied, but that the audit reports are not submitted by members of the executive branch.

References: Interview, Judge Radhi (Nov. 3, 2008).

"Anti-Corruption Efforts in Iraq: U.S. and Iraq take actions but much remains to be done" Office of the Special Inspector General For Iraq Reconstruction. July 29, 2008. [ LINK ]

Interview with Durgham Fadel, Lecturer, Basra University

With the closure of the electronic program, there is no way for citizens to access any information about official assets.

A report from the Office of the Special Inspector General for Iraq Reconstruction describes the inability of the Commission on Integrity to enforce the submission of audit reports: "although the organization is required by law to enforce officials' filing of financial disclosure reports, [U.S.] DoS concluded it was not powerful enough to enforce the requirement." The issue is not that citizen access is denied, but that the audit reports are not submitted by members of the executive branch.

References: Interview, Judge Radhi (Nov. 3, 2008).

"Anti-Corruption Efforts in Iraq: U.S. and Iraq take actions but much remains to be done" Office of the Special Inspector General For Iraq Reconstruction. July 29, 2008. [ LINK ]

Interview with Durgham Fadel, Lecturer, Basra University

Political leaders do sometimes make use of the state facilities for party purposes.

References: [ LINK ].

"Police Must be Held Accountable for Killings," Human Rights Watch News, [ LINK ] (Oct. 29, 2006).

Peer Review Comments: Official government functions are not kept separate and distinct from the functions of the ruling political party, but overlap.