Law of Evidence at Iraq
In Iraq, the legal framework governing the law of evidence is primarily based on the Civil Evidence Law No. 107 of 1979 and the Code of Criminal Procedure No. 23 of 1971, along with specific rules applicable to specialized courts such as the Iraqi Special Tribunal. (Iraqi Special Tribunal Rules of Procedure and Evidence-2003)
📜 Civil Evidence Law (Law No. 107 of 1979)
This law outlines the permissible types of evidence in civil proceedings: (Litigation Dispute Resolution Comparative Guide - - Iraq)
Written Evidence: Includes contracts, reports, letters, and other documents submitted to verify claims. These are highly valued for providing formal documentation of facts or agreements. (Iraq Litigation Dispute Resolution Comparative Guide - All Chapters)
Testimonies: Under Article 45, witness testimony is a key form of evidence. Witnesses must be competent, provide their testimony under oath, and have direct knowledge of the facts in dispute. (Litigation Dispute Resolution Comparative Guide - - Iraq)
Material Evidence: Article 98 allows for the submission of physical evidence, such as objects or tools relevant to a case. (Litigation Dispute Resolution Comparative Guide - - Iraq)
Electronic Evidence: Includes digital documents, emails, and social media records. While Iraq lacks specific laws regulating cybercrime or electronic evidence, such evidence is handled under existing criminal laws, such as the Penal Code (111/1969), particularly in cases of electronic blackmail or threats. (Iraq Litigation Dispute Resolution Comparative Guide - All Chapters)
Expert Reports: Article 126 permits expert opinions when technical or scientific knowledge is necessary to resolve a case. Courts may appoint experts to provide opinions on specific matters. (Litigation Dispute Resolution Comparative Guide - - Iraq)
Circumstantial Evidence: Relies on inferences drawn from surrounding circumstances, including parties' actions or situations that suggest a connection to the facts at hand. (Litigation Dispute Resolution Comparative Guide - - Iraq)
Article 140 emphasizes the importance of providing comprehensive documentation. Courts require supporting documents to be presented alongside oral testimonies to corroborate claims. (Iraq Litigation Dispute Resolution Comparative Guide - All Chapters)
⚖️ Code of Criminal Procedure (Law No. 23 of 1971)
This code governs criminal proceedings and includes provisions related to evidence: (Law 23 of 1971 on Criminal Procedure - Arab Legislations Portal)
Examination of Evidence: Judges have the authority to examine evidence and may summon witnesses to testify.
Rights of the Accused: Accused individuals have the right to be informed of the charges against them, to remain silent, and to have legal assistance.
Burden of Proof: The prosecution bears the burden of proving the guilt of the accused beyond a reasonable doubt. (Iraqi Special Tribunal Rules of Procedure and Evidence-2003)
However, there is ambiguity regarding the right to confront and cross-examine witnesses. While the Statute of the Iraqi Special Tribunal states that the accused has the right to examine witnesses against them, the Code of Criminal Procedure does not explicitly confer this right, leading to potential inconsistencies in practice. (The Former Iraqi Government On Trial:)
🏛️ Iraqi Special Tribunal (IST)
The IST, established to prosecute crimes committed by the former regime, has its own set of rules:
Rules of Procedure and Evidence: These rules govern the conduct of trials, including the presentation and examination of evidence.
Presumption of Innocence: One of the fundamental principles guiding court procedures is the presumption of innocence, ensuring that individuals accused of crimes are considered innocent until proven guilty beyond a reasonable doubt. (Rules of Evidence in Iraqi Special Tribunal: Court Procedures – Iraq IST)
Witness Testimony: The accused has the right to call and examine defense and prosecution witnesses and to present any evidence in their defense in accordance with the law. (Equipo Nizkor - Law of the Supreme Iraqi Criminal Tribunal.)
In summary, Iraq's law of evidence encompasses a range of permissible evidence types, including written documents, testimonies, material and electronic evidence, expert reports, and circumstantial evidence. While the legal framework provides for the use of various evidence types, practical challenges such as the lack of specific laws regulating electronic evidence and ambiguities in the right to confront witnesses may affect the application of these laws in practice. (Litigation Dispute Resolution Comparative Guide - - Iraq)
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