Massoud Barzani sends a message to the public in response to the decision of the Federal Court

Massoud Barzani sends a message to the public in response to the decision of the Federal Court

2017/11/20 20:05

Massoud Barzani sends a message to the public in response to the decision of the Federal CourtBaghdad today – Baghdad

The head of the former Kurdistan region Massoud Barzani, on Monday, a letter to public opinion in response to the decision of the Federal Court unconstitutional referendum on the secession of the Kurdistan region, while the decision “unilaterally and politically,” criticized “deviation” of the Federal Court of constitutional rules.

The message reads as follows:

In the name of of Allah the Merciful

It is natural that in every federal state, a federal constitutional court to resolve problems and disputes between the regions and the center, but the decisions and positions and silence of the Iraqi Federal Court in the previous stage, raises many constitutional and legal questions.

Regarding the decision of the Iraqi Federal Court that the referendum on the Kurdistan Region is unconstitutional, it is necessary for the Kurds, Iraqis and all other parties to know that the formation of this court was before the adoption of the Iraqi constitution. Therefore, after the adoption of the constitution in 2005, Constitutional law established in article 92 of the Constitution, and the issuance of a special law, but so far has not issued this law, and this court is still functioning without having any legal and constitutional basis, and this led to the occurrence of the effects of political circumstances and events, and deviation To comply with the constitutional rules, and to be a political court has not decided a decision showing neutrality.

This court, throughout its tenure, has chosen to remain silent on all constitutional violations committed by Iraqi governments. In its decision on the unconstitutionality of the referendum, it moved in accordance with the wishes of politicians, without reading the text contained in the preamble of the Iraqi Constitution, which states:

(The adherence to this Constitution preserves Iraq’s free union people, land and sovereignty). In addition to ignoring the violation of the Iraqi government to more than fifty-five constitutional articles.

And why this court chose to remain silent about the failure to form the Federal Council in accordance with Article 65 of the Constitution, noting that the existence of this Council is necessary to complete the legislative authority in the country, and prevent the exclusivity and prevent the violation of the rights of the territory. And why this court remained silent about the non-implementation of Article 140 of the Constitution, which was supposed to be completed by the end of 2007. Everyone knows that failure to implement this article led to a loss of confidence between the region and Baghdad and the emergence of many problems.

This court, which has been silent towards all practices hostile to the people of Kurdistan, during the previous period, it has to clarify according to any constitutional article has been cut the share of the Kurdistan Region of the annual budget Pen Jar, since February 2014? Note that Article 121 of the Constitution recognizes the right of the people of Kurdistan to obtain the appropriate and fair budget.

Why this court did not prevent the use of armed forces against the people of Kurdistan by the Iraqi government to resolve the political differences, and this is a flagrant violation of Article 9 of the Constitution, which prohibits the use of armed forces to suppress the Iraqi people and interference in political issues. Why did not it declare a position or a decision on the campaigns of repression and mass murder and the displacement of the citizens of Kirkuk, Khoramato and elsewhere?

The Federal Court has interpreted the constitutional texts according to the wishes of some political parties, so I have issued a unilateral and political decision, and the party has overlooked the violation of fifty-five constitutional articles by the Iraqi government, those violations that encouraged the people of Kurdistan, and based on the Constitution and its natural and legal rights to go peacefully and democratically To exercise is really natural.

In addition to all this, it is essential that all parties recognize the absence of legal and constitutional reasons to describe the voice of three million people without the constitution, because the voice of the people is the source of legitimacy, the constitution and the law.

The Federal Supreme Court has announced earlier on Monday, issued a ruling unconstitutional referendum on the secession of the Kurdistan region, which was held on the 25 of last September, and the cancellation of all the results and the effects of it.