Full text: Iraqi security law

The Iraqi government has announced a new national security law allowing it to impose martial law in troubled regions.

The following is the translated text, distributed by the interim government.

Order of Safeguarding National Security

In the name of the people. According to the provisions of Section Two of the Transitional Administrative Law Annex, and according to the provisions of Article 25 of the above mentioned law, and consistent with the provisions of chapter two of this law, we promulgate the following order.

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Article one: State of emergency

The prime minister, with the unanimous approval of the presidency council, may declare a state of emergency in any part of Iraq upon the exposure of the people of Iraq to a danger of grave proportions, threatening the lives of individuals and emanating from an ongoing campaign of violence by any number of people, for the purpose of preventing the establishment of a broad-based government in Iraq, or to hinder the peaceful participation of all Iraqis in the political process, or for any other purpose.

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Article two: State of emergency

A state of emergency shall be declared by an order explaining the reasons for which the state of emergency was declared, as well as a definition of the area it covers, and the definition of the start of the state of emergency and its duration, provided that the state of emergency shall not extend beyond 60 days or beyond the elimination of the danger or circumstances that called for its declaration, whichever comes first. The duration of the state of emergency may be periodically extended, every 30 days as necessary by written declaration from the prime minister and the presidency council, and it shall automatically cease to be effective, if not extended in writing, at the end of any extension period.

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Article three

The prime minister, during a state of emergency and within the limits of the area where such a state of emergency is declared, is empowered with the following interim extraordinary authorities.

3.1: Civil liberties

After the issuance of an arrest warrant or a search warrant, except in extreme exigent circumstances, restrictions may be imposed on the freedoms of the citizens or the foreigners in Iraq in the instances of witnessed crimes or accusations supported by evidence or credible suspicion in the areas of transport, movement, assembly, gathering, passage, travel from and to Iraq, the carrying or use of weapons and ammunition or hazardous materials; those whose behaviour is suspicious can be detained, searched and their homes and places of employment can be subject to search. The prime minister shall delegate these or other powers to those he chooses among military or civilian officials.

3.2: Curfew

Impose curfew during a determined short period of time on the area that is facing a dangerous security threat, seeing explosions, unrest and large scale enemy armed operations; he may isolate such area, cordon it off with appropriate forces and search it when there is proof or suspicion that some of its inhabitants possess medium or heavy weapons, explosives or when outlaws seek refuge therein and after a search warrant is issued, except in extreme exigent circumstances.

3.3.: Assets

Impose restrictions on assets and prohibited possessions; put a preventive freeze on the assets of those accused of conspiracy, insurgency, armed disobedience, armed unrest, killings, bombings and on the assets of whoever participates or co-operates with them in any way in the commission of these crimes or incites them and when crimes are committed as a result of such incitement, including those who offer them homes or places to stay or gather fully aware of their intentions. He may detain those accused of these crimes whenever there is sufficient legal evidence to arraign them.

3.4.: Communications

Apply preventive measures to postal packages, mail, telegrams and to all wired and wireless communication means and equipment if there is evidence they were used in the above-mentioned crimes. He may impose monitoring of these means and equipment and search and seize them if that could lead to the uncovering of the above-mentioned crimes or prevent their occurrence, and that is only after obtaining a warrant from the concerned judicial authorities for a determined period of time.

3.5: Travel

Impose restrictions on the means of transportation by land, air and sea in specific areas and for determined periods of time.

3.6: Public places

Impose restrictions on public and commercial places, clubs, associations, unions, companies, establishments and offices, by limiting their hours of operations and by monitoring their activities and placing them under guard and disbanding them or suspending them temporarily if there is evidence of their connection to the crimes mentioned in the first paragraph of Article 7, but only after getting a court order.

3.7: Weapons

To suspend temporarily or permanently the effectiveness of licenses, possession or trading of weapons and ammunition, as well as dangerous materials and explosives, if it is proven that they were used or attempted to be used in the crimes mentioned above, or in the event that they represented a threat to the security and stability of the area, or when their possession is legally prohibited.

3.8: Security measures

To commence limited, appropriate and speedy military and security decisions and measures, in areas where the state of emergency was declared, in co-ordination with the ministers of defence and the interior, or any other minister as well as with the national security adviser or any competent entity.

3.9: Multinational force

During large scale operations, carried out in order to confront great armed threats in large areas, it shall be possible to seek the assistance of the multinational force, in accordance with the United Nations Security Council resolution 1546 for 2004, and to task the Iraqi armed forces, with the unanimous approval by the presidency council, with clear and specific tasks that are appropriate to their situation and capabilities. The extraordinary measures shall be implemented in the region of Kurdistan, in co-ordination with its government.

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Article four: Role of investigative judges

Decisions and orders issued for the arrest or detention of persons, or the seizure of assets, pursuant to the provisions of this law, shall be presented to the investigative judge, on the condition that the accused is brought to stand before the investigative judge within (24) hours from the execution of such decisions and orders.

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Article five

5.1: Role of prime minister

The prime minister shall exercise the extraordinary authorities provided for above, in accordance with written orders or notices or written statements disseminated in printed, visual and audio media, specifying the date of effectiveness and its duration.

5.2: Punishment

Without infringement on any greater punishment stipulated by criminal law and laws in effect, violation of the orders, statements, declarations or decisions issued by the prime minister or his designate, shall be punishable by imprisonment for a period not exceeding three years and a fine not exceeding one million dinars ($ 703.73) or one of either of these punishments.

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Article six: Role of forces

The armed forces, emergency forces, special forces, civil defence forces, internal security forces, and the security, intelligence and military intelligence services in the area where a state of emergency is declared, shall report directly to the prime minister, during the period of the declared state of emergency, and in co-ordination with the commanders of such forces and services, the prime minister may task any of them with tasks appropriate in nature and jurisdiction and the requirements of the emergency circumstances.

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Article seven

7.1: Role of Central Criminal Court

The Central Criminal Court of Iraq shall assume the review of the grand crimes committed during the period of the state of emergency, and which are referred by a judge of jurisdiction including crimes of murder, robbery, rape, kidnapping, destruction, bombing or burning or damaging of public and private property and possession of military weapons and their ammunition, or the manufacturing, transportation, smuggling or trading of such weapons.

7.2: Role of criminal courts

Other crimes not specified in the above paragraph, or crimes referred by a judge of jurisdiction, shall be the specialty of the criminal courts, within their geographical jurisdictions.

7.3: Role of investigative judges

Investigative judges, in accordance with their geographical and qualitative jurisdictions, shall immediately commence investigations of the above mentioned crimes, and the chief of the Judicial Council or the chief judge of the Supreme Federal Court, once it is established, may delegate, whenever it is deemed necessary, other appropriate judges and investigators instead of the investigative judges, or in addition to them to investigate a crime or a particular variety of crimes.

7.4: Criminal Code

The provisions of the Criminal Code and the Code of Criminal Procedures, shall apply to the crimes referred to in the first and second paragraphs of this article.

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Article eight: Withdrawal of court cases

The prime minister, with the approval of the presidency council, can order the withdrawal of a court case and the release of the accused before their judgment prior to the case being submitted to the relevant tribunal or during the proceedings for reasons related to a higher interest or to security and stability.

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Article nine

9.1: Role of presidency council and national consultative assembly

The presidency council shall approve unanimously the emergency decisions and procedures. The interim national consultative assembly has the right to monitor the execution of such procedures.

9.2: Role of Courts of Cassation and Supreme Federal Court

The prime minister's decisions and procedures are subject to review by the Court of Cassation and the two Courts of Cassation in the province of Kurdistan regarding emergency procedures in its areas. The Supreme Federal Court which has the right to abrogate such decisions and procedures and to render them invalid or illegal or to approve such decisions and procedures taking into consideration the exceptional circumstances under which these decisions and procedures were issued.

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Article 10: End of state of emergency

The prime minister shall declare, with the approval of the council of ministers, the end of the state of emergency and the return of matters to their normal state by an order approved unanimously by the presidential council, and his authority to issue emergency decisions and procedures and appearances shall come to an end.

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Article 11: Transitional Administrative Law

The prime minister cannot abrogate the Transitional Administrative Law in whole or in part, or impose punitive actions.

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Article 12: Elections

No article in this order can be used to delay elections according to the timetable specified in the Transitional Administrative Law. The Iraqi interim government must fulfil its principal obligation of providing the appropriate environment for holding elections on time.

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Article 13: Publication of law

This law becomes effective on the date it is issued, and will be published in the official gazette.

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The Justifying causes:

In view of the critical security conditions and the serious consequences that are still besieging Iraq during this period and the firm necessity to counter terrorists and law breakers, and pursuant to the commitment of the Iraqi interim government to protect the right of the citizens to a dignified free existence, to guarantee their political and civil rights, and pursuant to the commitment to prepare the appropriate security conditions to hold free democratic elections as prescribed in the Transitional Administrative Law, and in support of the rule of law, and the independence of the judiciary, its effectiveness and its monitoring, and to prevent the excessive use of force and the abuse of authority under exceptional circumstances, and for other known reasons, we issued this order.

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Written in Baghdad on the 18th day of the Jemada Aloula month of the Higra Year 1425, corresponding to the 6th day of July, 2004.

Translator's note: Then is set forth the signatory list of the names of the members of the interim government of Iraq, including the president and the vice-presidents.