Parliament's rule to cancel votes illegal and unconstitutional: Iraqi law expert

ERBIL (Kurdistan 24) – Kurdish political parties, including the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK), filed complaints with the Federal Supreme Court (FSC) against the Iraqi Parliament’s recent decision to conduct a manual recount of May 12 votes, dismantle the electoral commission, and cancel a portion of ballots amid allegations of fraud.

“They filed appeals to the [FSC] and affirmed that [some of] the decisions are illegal and unconstitutional,” Baxtiyar Haider, head of Kurdistan Bar Association said. On that basis, the court “can repeal the [Parliament’s] decision if they will,” he added.

The complaints of the Kurdish political entities come after Iraq’s High Judicial Council on Thursday approved the Parliament’s June 6 vote on the issue.

Haider explained that the constitution “guarantees citizens the right to vote,” noting the Parliament’s new rule which cancels a portion of votes is “against Iraqi law,” and the lawmaking body “no longer has the authority…to pass laws on the next Parliament.”

“There are no legal proofs of fraud in the election,” Haider stated, and in such a case, complainants “can file appeals to the Court of Cassation” which will ratify the call after the judicial body’s “panel judges review the appeal and then submit the case to FSC pending authentication.”

Muqtada al-Sadr, whose Sairoon Coalition won the elections, issued a warning against a potential civil war outbreak in the country, cautioning Iraq remains in a fragile state after a fire tore through a warehouse in Baghdad containing ballot boxes from the election.

At a time of electoral crisis in Iraq, and a month after the vote, Iraqi Vice-President Ayad Allawi called for a referendum where Iraqis will choose to either accept the results or hold an entirely new election.

Editing by Karzan Sulaivany