رقابة القضاء العادي على قرارات اللجنة الخاصة لمؤسسة السجناء السياسيين في العراق

Abstract EN

Regular judicial oversight over the decisions of the special committee of the institution of political prisoners is considered judicial oversight, and it finds its support from the law in legal texts, and the type of judicial system in a country determines the size and nature of this oversight.

the judiciary enjoys independence, which makes it speak away from any external influence and to achieve justice between litigants, and the supervision of the ordinary judiciary is organized in different countries of the world in two directions: the first direction goes in giving ordinary courts the right to consider the dispute that occurs between individuals or between them and the administration and this type is called the control of the unified judiciary, and the other direction goes to specialization in the type of conflict, as the conflict between the state and individuals and the relationship between them is governed by private law is subject to the control of the ordinary judiciary, either in the case of the conflict between the administration and individuals or between the administration itself, the rules of public law are the governing body and are considered the administrative judiciary is the competent authority to monitor it and it is called the dual judiciary.

Iraq is considered one of the countries with dual judiciary due to the existence of an ordinary judiciary and an administrative judiciary.

in some cases, we find that the Iraqi legislator allocates to the ordinary judiciary some of the competencies of the administrative judiciary or grants the competencies of the administrative judiciary to the administratively formed committees and their decisions are administrative decisions.

therefore, we will explain in this research about the role of regular judicial oversight over the decisions of the special committee of the institution of political prisoners, and the implementation of its provisions by the relevant government agencies.