Litigation in Iraqi courts is one of the most important matters that all citizens should know and be familiar with, so they can understand their rights and obligations. In this article, presented by Osama Ta'ma Legal Services and Consulting, we will explore the concept of litigation, the judicial structure, the stages, procedures, and mechanisms of litigation in Iraq.

The Concept of Litigation in Iraqi Courts and Its Importance

Litigation in Iraq is not merely a means to protect and recover rights; it is a constitutional mechanism aimed at achieving justice in accordance with the provisions of the law. The right to litigate represents a fundamental guarantee granted to all individuals and institutions equally, without discrimination. This right reinforces the rule of law and ensures that rights and obligations are clearly defined and regulated according to the legal procedures stipulated in the Iraqi Constitution and prevailing laws.

The Structure of the Iraqi Judiciary

The litigation system in Iraqi courts consists of three main levels: Primary Courts, Courts of Appeal, and the Supreme Federal Court. This hierarchical structure aims to ensure the efficient and effective administration of justice, providing opportunities for review and appeal of verdicts.

Primary Courts (First Instance Courts)

Primary or first-instance courts serve as the starting point for most lawsuits, where cases are adjudicated based on evidence and testimonies presented. These courts contribute to delivering local justice by addressing cases within their relevant territorial and subject-matter jurisdiction. These courts include:

• Civil Courts: Handle disputes between individuals and companies, such as contracts, debts, and compensations.
• Criminal Courts: Deal with criminal cases and issue judgments against those who violate Iraqi criminal law.
• Personal Status Courts: Handle family matters such as marriage, divorce, custody, alimony, and inheritance, taking into consideration Islamic Sharia provisions and laws pertaining to religious minorities.
• Labor Courts: Address disputes related to employment relationships, such as wages, compensation, and unfair dismissal.
• Commercial Courts: Handle commercial disputes between companies and individuals, including commercial contracts, bankruptcy, and trademark issues.

Other Specialized Courts: May include courts specialized in tax, customs, and other matters.

Courts of Appeal

Geographically distributed across Iraq, Courts of Appeal play an essential role in the Iraqi judicial system by reviewing rulings issued by the Primary Courts. Their mission is to confirm or overturn initial rulings, providing an additional layer of scrutiny and ensuring the fairness of judgments. Their jurisdiction covers civil, criminal, personal status cases, and others, improving the quality of justice through reassessment of evidence and judicial procedures.

The Supreme Federal Court

The Supreme Federal Court is the highest judicial authority in Iraq, specializing in constitutional matters and overseeing the application of laws. Its duties include verifying the conformity of rulings and laws to the Iraqi Constitution, resolving disputes among different authorities, and guaranteeing respect for citizens' constitutional rights. This court serves as the final instance for appeals on constitutional issues, and its rulings are generally final, except in exceptional cases.

Preparation and Submission of the Lawsuit

The litigation process in Iraqi courts begins with the preparation and submission of the lawsuit to the competent court. This procedure requires fulfilling several conditions and submitting a set of legal documents, including:

Drafting the Legal Complaint: It must include the details of the dispute, the names of the parties involved, and the requests submitted to the court.
Supporting Documents: Such as contracts, witness statements, and evidence that substantiate the claim.
Court Fees: Payment of the required fees according to the type of lawsuit and applicable judicial fee laws.

Primary Court

After submitting the lawsuit, the case goes through several phases before the primary court:

• Presentation of Evidence: Both parties present evidence supporting their claims, which may include documents, testimonies, or any other type of proof.
• Hearings: Lawyers present their arguments before the judge, laying out the legal and logical reasoning to support their positions.
• Issuance of Judgment: After reviewing the evidence and hearing the arguments, the judge issues a binding judgment on both parties.

Court of Appeal

If one of the parties is dissatisfied with the judgment of the primary court, they may file an appeal to the Court of Appeal. The appeal procedures include:

• Acceptance Conditions: There must be sufficient legal grounds to challenge the initial judgment.
• Filing Appeal Memoranda: The appeal documents explaining the reasons for the challenge and the requested remedies must be submitted.
• Appeal Review: The Court of Appeal reviews the case, examines the evidence, and hears new arguments.
• Issuance of Judgment: The Court of Appeal issues a final judgment, which may uphold or overturn the original decision.

Supreme Federal Court

Parties may contest decisions of the Courts of Appeal by filing a cassation appeal before the Supreme Federal Court. This appeal requires specific conditions, including:

• Being exclusively stipulated in the Civil Procedure Law.
• The appeal should not require a direct request from the litigants.
• The Supreme Federal Court reviews the appeal and accepts it only if the necessary legal conditions are met. It issues rulings that are final and binding on all parties.

Procedures for Enforcement of Judicial Rulings

The enforcement of judicial rulings is a critical stage to ensure the effectiveness of justice. The enforcement procedures include:

• Notification of Judgments: Within the Iraqi court litigation system, parties are informed of the issued judgment and the necessary steps to enforce it.
• Enforcement Mechanisms: These rely on legally authorized means such as seizure of assets or application of specified penalties.
• Monitoring Enforcement: Competent authorities follow up on the enforcement to ensure compliance by the involved parties.

Attendance of Parties in Litigation Sessions

Attendance at litigation sessions in Iraqi courts is a fundamental element to ensure the efficient functioning of justice. The presence of both the plaintiff and the defendant allows each party to present their viewpoint, interact with evidence, and listen to the opposing arguments, thus enhancing procedural transparency and ensuring fair judgments.

Consequences of Non-Attendance on Litigation Process

Failure of a party to attend litigation sessions may lead to serious legal consequences affecting the case proceedings. If the plaintiff is absent without an acceptable excuse, the lawsuit may be dismissed and removed from the court record. If the defendant fails to appear at the scheduled sessions, the court may issue decisions in absentia.

Legal Representation of Parties

The Iraqi litigation system permits parties to be legally represented by lawyers. This plays a vital role in the litigation process. Lawyers represent their clients' interests, prepare legal documents, and present arguments before the judge. The legal expertise of lawyers ensures a strong and appropriate defense.

Rights of Defense

The defense rights under the Iraqi judicial system include the right to have a lawyer represent individuals before courts and the right to access the full case file. Additionally, litigants have the right, according to the Iraqi litigation system, to appeal judgments against them by filing appeals to higher courts.

Guarantees of Litigation in Iraqi Law

Guarantees Related to the Judge’s Person

The neutrality of the judge is a fundamental pillar to ensure the integrity of litigation in Iraqi courts.

The Constitution mandates that a judge must withdraw from hearing a case if any of the conditions specified in the Civil Procedure Law No. 83 of 1969 apply, such as kinship with one of the parties or any conflict of interest.

If the judge fails to withdraw in these mandatory cases, any ruling issued is considered null and void. Additionally, the judge may voluntarily recuse themselves if they feel any form of discomfort or conflict.

Regarding liability, a judge is exempt from civil liability for errors made in the course of their judicial duties, except when fraud, gross professional negligence, or refusal to enforce the law is proven. In such cases, the aggrieved party must formally notify the judge and call upon them to uphold justice to ensure fairness.

Guarantees Related to the Lawsuit and Its Parties

The principle of public hearings is one of the most important guarantees of litigation in Iraqi courts, ensuring transparency in judicial procedures and acting as oversight over the judge’s conduct.

The Iraqi Constitution stipulates that court sessions must be public except when the court decides to hold them in private for legally justified reasons.

The Civil Procedure Law also allows transferring a lawsuit from one court to another for reasons such as the inability to form the court, security concerns, or any reason deemed appropriate by the Court of Cassation.

Furthermore, the law guarantees equal opportunity to access judicial services by providing legal aid to the poor who cannot afford court fees or appeal costs.

Challenges Facing the Iraqi Litigation System

• Corruption: One of the greatest challenges, undermining the integrity of rulings and reducing public trust.
  Delays in Procedures: Iraqi courts suffer from procedural delays.
• Resource Shortages: Some courts face a lack of judges, staff, and necessary equipment.
• Political Interference: The judiciary may be subject to political influence.
• Security Issues: In some regions, security conditions affect court operations and the safety of judges and litigants.

Proposed Reforms to Improve the Iraqi Litigation System

• Combating Corruption: Implement strict monitoring, accountability, and enforcement of anti-corruption laws.
  Simplifying Procedures: Streamline judicial procedures to reduce delays and expedite justice.
• Increasing Resources: Augment judicial resources by hiring more judges and staff, and upgrading equipment.
• Strengthening Judicial Independence: Protect the judiciary from political interference.
• Enhancing Training: Develop training programs for judges and lawyers to improve skills and knowledge.
• Activating Technology Use: Implement technology in judicial processes, such as electronic case management systems and remote hearings.

Osama Ta'ma Legal Services and Consulting offers comprehensive litigation services in Iraqi courts, drawing on vast expertise and a specialized team of lawyers to ensure your rights are protected and justice is achieved.

For more detailed information on this topic and how to utilize these judicial systems, you can contact the law firm in Iraq for specialized legal consultation that guarantees your rights and secures the justice you deserve.