Political consensus postpone deciding to ‘free’ the Iraqi president

Political consensus postpone deciding to ‘free’ the Iraqi president

Published 17/04/2013 12:01 AM

Jahal TalibaniBabinaoz – Agencies: unable physicians Iraqi President Jalal Talabani and Iraqi constitution during the past four months – a period of illness, President Talabani stroke – to provide a convincing explanation not in terms of his health and the possibility of his return to practice his duties nor in terms of mechanisms replacement when my case «absence» and « freedom is based on the permanent Iraqi constitution, which was enacted and voted on in 2005.

Medically not yet submitted the medical committee supervised by your doctor Talabani governor of Kirkuk, Najm al-Din Abdul Karim final report on his health spaced apart from the statements of Abdul Karim to the effect that the President is responding to treatment. But the absence of Talabani’s 80-year-old came at a critical time in the history of the current political process in Iraq, where it was obvious the man made his mark on them. However, the continuation of this absence of all this period without resolving until now has two explanations in Baghdad, one political and one legal.

As for political explanation for this absence without resolving it, according to a member of the Iraqi parliament, says the coalition of state law Izzat Shabandar the «what makes us endure, not to consider replacing President Jalal Talabani, yet is because he first did not leave a vacuum. Corrects Shabandar, saying: «I mean constitutional vacuum here and not a political vacuum, as his deputy replaced. Shabandar strengthens his hypothesis political, not legal, saying that «the Kurdish party has not settled on an alternative candidate because of differences within the home, particularly Kurdish Patriotic Union of Kurdistan and that he was convinced that he did not like us there is an opportunity for the president to return to the actual place and the conduct of its work. He adds Shabandar that «it does not seem urgent while acknowledging that President Talabani has a weight Legal and we hope his return wreathed speedy recovery because he had played a paternalistic and stop at the same distance from all parties», adding that «there are problems greater than the issue of replacing the president for any reason looks a key factor in not thinking so.

But the Constitution another view entirely different to put Shabandar in political terms, since he sees the legal expert Ibrahim al-Sumaidaie in his statement told «Middle East» that «the Iraqi constitution in more than one article of the materials and the large number in each of the frequency and thinness select how to replace the President of the Republic, including the occupancy of the position of the mechanism by his deputy.

He Sumaidaie that «the Iraqi constitution and article 75 c of it specify how occupancy position by the Attorney in the cases of absenteeism and freedom», adding that «MP replaces the president in case of absence for any reason, but this is linked to the period of time standing month becomes a job then in the case of absence does not absence and then moves position as a whole to the Parliament to elect a new president after a month, since we are now in the case of vacancy, not absence because the length exceeded four months, it is no longer possible, according to the Iraqi constitution to continue position, however Vice President noted that both the posts of President and Prime Minister are now, however, one party ».
Sumaidaie adds that «the position of President of the Republic of Iraq essential and that it exists even before the adoption of the Constitution because the Constitution built mainly on the Iraqi State Administration Law. Sumaidaie believes that «Article 72 of the Iraqi Constitution refers to the election of the President of the Republic to complete the remaining mandate of the President of the Republic and therefore we are now in the case of violation of the constitution because the President of the Republic does not apply to him absence, but freedom».