Section 1

Establishment of Central Criminal Court of Iraq

1) There shall be established a Central Criminal Court of Iraq (hereinafter "the

Central Court"), which shall sit in the city of Baghdad and in such circuit sessions

in other locations in Iraq as provided for in this Order. The Central Court shall

have national jurisdiction over matters referred to it in accordance with Section 20.

2) The Central Court shall consist of two chambers:

a)

b)

an Investigative Court; and

a Trial Court.

Section 2

The Investigative Court

1 The Investigative Court shall consist of a single judge, and will operate in

accordance with the requirements and procedure of Investigative Courts under the

Iraqi Law on Criminal Proceedings of 1971, as amended, and as further modified

by any CPA Orders, Implementing Memoranda and this Order.

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2) The Investigative Court shall have jurisdiction over all criminal offenses assigned

to it by the Administrator.

3) The Investigative Court shall not have jurisdiction over any civil matter, other than

victim compensation claims associated with a criminal matter before the court, or

any matter not assigned to it by the Administrator.

Section 3

Trial Court

The Trial Court shall be constituted as a three member judicial panel, which will

operate in accordance with the requirements and procedures of Felony Trial

Courts under the Iraqi Law on Criminal Proceedings of 1971, as amended, and as

further modified by any CPA Orders, Implementing Memoranda and this Order.

2) The Trial Court shall have jurisdiction only over matters referred to it by the

Investigative Court of the Central Co~rt.

Section 4

Applicable Law

In exercising its jurisdiction, the Central Court shall apply the 1969 Penal Code

of Iraq, as modified by CPA Order No 7 (CP A/ORD/9 June 2003/07) and the

1971 Criminal Proceedings Code of Iraq as modified by CPA Implementing

Memorandum No 3 (CPA/MEM/18 Jun 2003/03). The Central Court shall

have jurisdiction over crimes committed in Iraq since 19 March 2003, such as

are referred to it by the Administrator in accordance with Section 20.

Section 5

Judges of the Central Court

The judges of the Central Court shall be appointed for a term of one year by

the Administrator, following recommendations from the Judicial Review

Committee. The term of appointment may be extended by agreement. Judges

shall be appointed in accordance with the following criteria:

1

a)

b)

c)

be an Iraqi national;

be of high moral character and reputation;

have a background of either opposition to the Ba'ath Party, nonmembership of the Ba'ath Party or membership that does not fall within the

leadership tiers described in CPNORD/16 May 2003/01 and entailed no

involvement in Ba'ath Party activity;

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d)

e)

f)

g)

have no criminal record unless the record is a political or false charge made

by the Ba'ath Party regime;

have had no involvement in criminal activities;

have demonstrated a high level of legal competence; and

be prepared to sign an oath of office.

2) A judge of the Central Court may only be removed by the Administrator where

there is clear evidence of unlawful or unethical conduct, breaches of the

requirements of this Order, or incompetence on the part of the member.

3) The Administrator may appoint reserve judges of the Central Court in accordance

with the criteria set out in this section. Reserve judges may act as judges of the

Central Court when a panel member is for any reason unable to perform his or her

duties, or otherwise provide additional support as necessary.

4) Judges of the Central Court shall not disclose any information or personal data

related to or obtained in the discharge of their functions, except where authorized

by the Administrator for public information or research purposes.

Section 6

Independence of the Judiciary

) Judges of the Central Court shall perform their duties independently and

impartially, and in accordance with applicable laws in Iraq and the oath or solemn

declaration given by them to the Administrator pursuant to this Order.

2) Judges of the Central Court shall decide matters before them without

discrimination on the grounds of race, nationality, ethnicity or religion and in

accordance with their impartial assessment of the facts and their understanding of

the law, without improper influence, direct or indirect, from any source.

3) Any hierarchical organization of the judges or any difference among judges in

grade or rank shall in no way interfere with the duty of the judge, whether

exercising jurisdiction individually or acting collectively on a panel, to pronounce

judgment in accordance with this Order.

4) While in office, judges and prosecutors of the Central Court shall be barred from

accepting political or any other public office, or from accepting any employment,

including for teaching law, participating in the drafting of law, or carrying out

legal research on a part-time basis, unless for honorary unpaid purposes.

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Section 7

Refusal of Justice

No judge of the Central Court may refuse to hear, try or decide a case that is

brought before the court in accordance with the relevant procedural provisions.

Section 8

Disqualification of Judges

1) The Administrator may, at the request of a judge or a party to a proceeding, excuse

that judge from the exercise of a function in any case in which the impartiality of

the judge might reasonably be doubted on any ground.

2) A judge of the Central Court shall be disqualified from a case in accordance with

this Order if that judge has previously been involved in any capacity in that case

before the court.

3) A judge of the Central Court shall be obliged to request that the Administrator

excuse him or her from the exercise of a function in any case in which a party to

the proceedings is a spouse, relative of second degree or other close relationship of

that judge.

4) Any question as to the disqualification of a judge shall be decided by the

Administrator.

Section 9

Legal Cooperation

1) All Courts in Iraq shall cooperate with a request by the Central Court to:

a) question witnesses who are registered or permanently accommodated in the

area of the requested court's jurisdiction;

b) carry out at-the-scene examinations or re-enactments of crimes in the area

of the requested court's jurisdiction;

c) serve summonses of the Central Court on witnesses in the requested court's

jurisdiction;

d) serve decisions of the Central Court on individuals in the requested court's

jurisdiction;

e) execute the decisions of the Central Court if the subject of dispute is

located in the requested court's jurisdiction;

f) access files of the requested court for information purposes or decision.

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Section 10

Hearings

Hearings of the Central Court and deliberations, generally, shall take place at the

seat of the court in Baghdad and in such circuit locations in any other part of Iraq

as the Administrator determines.

2) The panel of judges or, where applicable, the individual judge may decide to hold

hearings of the court in places other than at the seat of the court or circuit

locations, if the interests of justice require. In making the decision, the panel of

judges or the individual judge shall be guided by the particular circumstances of

the case and their responsibility to facilitate equal access to justice.

3) The hearings of the court, including the pronouncement of the decision, shall be

public, unless otherwise determined by the Secretary or by Iraqi law.

4) Radio and television broadcasting within the courtroom is prohibited, except for

the broadcast of a final judgement in appropriate cases.

5) The hearings of the Central Court, including the pronouncement of the decision,

shall be public, unless otherwise determined by the judge or judges in accordance

with Iraqi law or due to security considerations.

6) The deliberations of a judge or judges shall remain confidential.

Section 11

Transcript of Proceedings

The Secretary shall ensure that, in each hearing conducted by the Trial Court, a

transcript of the proceedings. The transcript will be made available, on request, to

all parties to the proceedings, including their legal counsel.

2) In the case of the Investigative Court the judge shall take, as appropriate, notes of

the proceedings and submit them to the files.

3) Upon request, the transcript or notes shall be made available to the public, unless a

determination has been made under this Order that the hearing shall not be public.

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Section 12

Translation Service

The Central Court shall provide translation and interpretation services in every

case where a party to the proceedings, or a judge, or a witness, or expert witness

does not sufficiently speak or understand the language spoken in that court.

Section 13

Penalties

The penalties imposed by the Central Court shall be as prescribed for their

equivalent courts under Iraqi law, as modified by CPAlORD/9 June 2003/07or

subsequent CPA Implementing Memoranda or Orders.

Section 14

Prosecution Service

The Public Prosecutor's Office shall have the authority to recommend proposed

charges to the Investigative Judge, in matters that are to be brought before the

Central Court.

1)

2) The Public Prosecutor's office shall be represented at every stage of proceedings

before any of the chambers of the Central Court and will appear as a full servant of

the court to present witnesses, examine or cross examine all witnesses and adduce

admissible evidence.

3) There shall be three Prosecutors appointed by the Administrator to the Central

Court who shall serve for terms to be determined by the Administrator. The

Administrator shall have the authority to remove a Prosecutor.

Section 15

Court Registry

There shall be a Registry for the Central Court. The Registry shall have

responsibility for the receipt of documents to be filed in the court, for organizing

court documents and ensuring security of court documents, and for such other

functions as are permitted by Iraqi law and by CPA Order or Memorandum.

2) The staff of the Registry shall have legal and administrative skills, and shall be

appointed by the Ministry of Justice

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Section 16

Court Staff

1) Each chamber of the Central Court shall have such qualified staff as may be

required for the proper functioning of the chambers and the discharge of the

responsibilities of its judges.

2) Each panel of judges or each individual judge shall be assisted during the trial

sessions by a member of the court staff.

3) The court staff shall be selected by the Ministry of Justice.

Section 17

Investigative Support

1 The Investigative Court or Prosecutor shall be able to request the investigation of

matters arising from material presented to the judge. Investigative support will be

coordinated through the Senior Adviser of the Ministry of Justice.

2) The Prosecutor may draw on Iraqi and Coalition resources in order to meet the

requests of the Investigative Court. Any material produced by Coalition resources

will be admissible in evidence if it satisfies the requirements of Iraqi law as

modified by any CPA Order or Memorandum.

3) The Central Court shall not be able to compel the production of Coalition

documentary or other material or the attendance of Coalition personnel.

Section 18

Amicus Curiae

Any CPA or Coalition Forces personnel shall have the right to appear before any

of the chambers of the Central Court as amicus curiae for the purpose of adducing

or proving evidence.

Section 19

Duration of Central Court

The Central Court shall remain in operation for a period to be determined by the

Administrator or as provided by an internationally recognized, representative

government established by the people of Iraq which assumes the responsibility of

the CPA. The functions, constitution and jurisdiction of the Central Court may be

subject to adjustment by further Orders or Implementing Memoranda of the CPA

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or as provided by an internationally recognized, representative government

established by the people of Iraq which assumes the responsibility of the Authority

Section 20

Selection of Matters

1) The Administrator, on the advice of the CPA General Counsel, shall determine the

matters that are to be submitted to the Central Court. In making this determination

the following criteria shall be applied:

a) The accused is suspected of committing a felony that:

i) is intended to destabilize government institutions or processes, in

Iraq;

ii) involves violence of a scale or organization that transcends

provincial boundaries;

iii) involves race, nationality, interethnic or religious based violence;

iv) is related to the instigation of the removal by force of any

government, the CP A or competent Iraqi authorities;

v) involves the illegal trafficking in weapons, drugs or persons across

provincial boundaries or international borders; or

vi) involves the use of fraudulent practices across provincial boundaries

and international borders.

b) The accused held a position of influence within the prior regime, and as a

result of that position, may still be capable of influencing the decisions of

the judiciary or other governmental institutions.

c) The accused is suspected of committing a crime of violence that involves

multiple victims.

d) The accused, either acting alone or as part of a group, is engaged in

criminal and or terrorist activities that are directed at the civilian population

or members of the CPA or Coalition Forces operating legally within Iraq.

e) The accused is suspected of an offense that involves bribery, solicitation of

a bribe or any form of public corruption or misconduct.

2) Requests for referrals of cases to the Central Court shall be forwarded by the

Senior Adviser of the Ministry of Justice to the Administrator. The Senior Adviser

may file such requests on his own initiative or in response to an application:

a) accused persons under Iraqi law;

b) any Iraqi court;

c) the Commander Coalition Forces; and

d) the Senior Adviser of the Ministry of Interior.

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3) This Order shall not apply to courts-martial, military commissions, provost courts

and other military tribunals convened by member states of the Coalition. Nothing

in this Order shall deprive courts-martial, military commissions, provost courts or

other military tribunals of jurisdiction that exists under the law of war or law of

occupation. Coalition Forces shall not be permitted to retry any person dealt with b

the Central Court for substantially the same offense.

4) No other Iraqi court shall be permitted to retry or punish any person already

convicted or acquitted by the Central Court for substantially the same offense.

Section 21

Appeals

l) The accused, the plaintiff and the Prosecutor shall have the right of appeal from

the decisions of the Investigative Court to the Trial Court.

2) The accused, the plaintiff, and the Prosecutor shall have the right of appeal from

the decisions and judgments of the Trial Court to the Court of Cassation.

3) All appeals arising from Central Court proceedings shall be heard in accordance

with the 1971 Criminal Proceedings Code of Iraq, as amended, and as modified by

CPA Implementing Memorandum No 3 referred to herein.

Section 22

Representation of the Accused

1) All accused persons appearing before the Central Court, shall have the right to

representation by an attorney of their choice. Where an accused person is unable to

afford the services of an attorney the Central Court will provide them with a

suitably qualified attorney.

2) Any counsel provided for the accused in accordance with relevant Orders and

Implementing Memoranda of the CPA shall have at least five years trial

expenence.

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Section 23

Entry into Force

This Order shall enter into force on the date of signature.

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