The Supreme Judicial Council revealed the results of serious investigations with media professionals and legal experts.
In a statement, Al-Ghadeer received a copy of it, he explained, “The Karkh First Investigation Court conducted an investigation into a case related to the deliberate insult to the judicial institution in order to weaken citizens’ confidence in the judiciary and what is issued by it, especially in the constitutional jurisdiction, with the aim of confusing the political scene outside the boundaries of freedom of expression and criticism. The constructive objective guaranteed by Article 38 of the Constitution.”
He explained that, “It was found from the results of those investigations that there is a network of those who describe themselves as “media professionals” who have special interests or “experts and legal scholars” who have personal disputes with the judiciary that have practiced spreading lies and deliberately distorting constitutional and legal concepts in the direction of insecurity about what the judiciary issues by exploiting the lack of Understanding the adequacy of the law through social media pages and YouTube channels that are not officially registered, which have links inside and outside Iraq, as well as some satellite channels affiliated with certain political parties that chose the path of insulting the judiciary as a reaction to some decisions that were issued against their interests.
The statement stressed, “These illegal practices are part of the project of not recognizing the existing political system and moving international agendas, and as a result, decisions were issued to recruit those involved in this crime, which is punishable by the Penal Code No. 111 of 1969 in force and its articles {Article 226:} Whoever insults the courts by any means of publicity shall be punished by imprisonment or detention.” And {Article 229: Whosoever insults a judicial court} and {Article 433: 1 – Defamation is attributing a specific fact to others by one of the methods of publicity that, if true, would necessitate it, shall be punished by imprisonment or detention. Punishment for whom it is attributed or despised by the people of his country} And whoever defames another is punished with imprisonment and a fine or one of these two penalties.
He pointed out that “if the slander occurred by way of publication in newspapers or publications or by one of the other media methods, this is considered an aggravating circumstance) and these articles are legally enforceable.
The Supreme Judicial Council affirmed “its respect and keenness to guarantee the right to express opinion by all means, even if that includes criticizing the judiciary and the people in charge of its administration in an objective manner, away from questioning patriotism, describing the judiciary in terms and phrases that constitute a crime that does not express an opinion, and evidence of this is the presence of a large number of cases The objective criticism that is broadcast daily, and no measures have been taken against those who practice it.”
He noted that “the distinction between the two cases is supposed to be aware of all intellectuals and specialists, whether in law or the media, and it is unacceptable to brag about slogans (silencing mouths) or (restricting freedom of expression) in cases of violating the law because it will be a justification nothing more than to allow actions to be committed. a crime subject to legal accountability”