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Iraq appeals panel reverses ruling on banned candidates

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Iraqi appeals panel that had ruled last week that 500 mostly Sunni politicians accused of ties to Saddam Hussein's Baath Party could stand in the coming elections reversed its decision Sunday. In its ruling, which was handed down as hundreds protested in Baghdad, the court stated that it was mistaken in thinking it had to rule on all 500 candidates, and would engage in a candidate-by-candidate review of the 177 politicians that had appealed to the court unless a political solution was reached. Official campaigning before the March 7 polls was scheduled to start Sunday, but was postponed last week by the Iraqi Independent High Election Commission until Friday in order to allow more time to resolve the crisis. Also on Sunday, Prime Minister Nouri al-Maliki was forced to reschedule an emergency parliamentary meeting to address the election standoff when only 75 of Iraq's 275 parliamentarians arrived, denying him a quorum. Most of the banned candidates are from parties running against al-Maliki's ruling coalition, including those from a party led by a former Shi'ite prime minister, which has been seen as the most significant threat to al-Maliki's coalition. Last week's ruling overturned a decision by the Justice and Accountability Commission disqualifying more than 500 mostly Sunni politicians for suspected links to the outlawed Baath Party. The appeals panel held that the candidates could stand in the coming elections, but would have to be cleared of the allegations against them before taking office. This compromise is said to closely model a solution proposed by US Vice President Joe Biden. The decision was met with widespread criticism by the Shi'ite-led government. On Thursday, a spokesperson for Iraq's Shi'ite government, Ali Al-Dabbagh, said that the decision was illegal and unconstitutional. US officials have been concerned over the election dispute because it is seen as a threat to the credibility of the elections, which are supposed to be a milestone in Iraq's postwar development and a major step toward the scheduled withdrawal of US troops from the country.

Full post as published by JURIST - The Paper Chase on February 07, 2010 (boomark / email).