COALITION PROVISIONAL AUTHORITY ORDER NUMBER 13 (REVISED)
(AMENDED)
THE CENTRAL CRIMINAL COURT OF IRAQ
Pursuant to my authority as head of the Coalition Provisional Authority (CPA) and the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolutions 1483 and 1511 (2003),
Committed to promoting the development of a judicial system in Iraq that warrants the trust, respect and confidence of the Iraqi people,
Noting the continuing need for military support to maintain public order,
Furthering the CPA’s duty to restore and maintain order and its right to ensure its security and fundamental standards of due process,
Recognizing the role that Iraqi jurists and legal systems must assume in addressing those serious crimes that most directly threaten public order and safety,
Acting on behalf, and for the benefit of the Iraqi people,
I hereby promulgate the following:
Section 1
Establishment of Central Criminal Court of Iraq
1) There shall be established a Central Criminal Court of Iraq (hereinafter "the
CCCI"), which shall sit in the city of Baghdad and in such sessions in other
locations in Iraq as provided for in this Order. The CCCI shall have national
jurisdiction over all matters set forth in Section 18.
2) The CCCI shall consist of two chambers:
a) an Investigative Court; and
b) a Felony Court
Section 2
The Investigative Court
1) The Investigative Court shall 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.
CPA/ORD/X 2004/13
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2) The Investigative Court shall have jurisdiction over all matters that are set forth in Section 18.
3) The Investigative Court shall not have jurisdiction over any civil matter, other than victim compensation claims associated with a criminal matter.
Section 3
Felony Court
1) The Felony Court shall operate in accordance with applicable Iraqi Law. 2) The Felony Court shall have jurisdiction over matters as set forth in Section 18.
Section 4
Applicable Law
The CCCI shall apply Iraqi law as modified by applicable CPA Orders and this
Order.
Section 5
Judges of the Central Court
1) Prior to the assumption of the functions of government on 1 July 2004, the
judges of the CCCI shall be appointed by the Administrator and shall: a) be an Iraqi national, b) be of high moral character and reputation,
c) 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 CPA/ORD/16 May 2003/01 and entailed no involvement in Ba'ath Party activity,
d) have no criminal record unless the record is a political or false charge made
by the Ba'ath Party regime, e) have had no involvement in criminal activities, f) have demonstrated a high level of legal competence; and g) be prepared to sign an oath or solemn declaration of office.
CPA/ORD/X2004/13
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2) A judge of the CCCI 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 CCCI in accordance with the criteria set out in this section. Reserve judges may act as judges of the CCCI when a panel member is for any reason unable to perform his or her duties, or otherwise provide additional support as necessary.
4) In light of the nationwide jurisdiction of the Court, the Chief Judges of both the Investigative and Trial Court shall automatically be promoted to Level I Judges, if not already at that level, and shall be compensated accordingly. Similarly, all other judges shall be automatically promoted to Level II, if not already at that level, and shall compensated accordingly and be eligible to advance to Level 1 in accordance with applicable procedures.
5) All judges appointed as of the date of this order or thereafter shall be permanent Iraqi judges and shall serve in accordance with Iraqi law.
6) After the effective date of the Transitional Administrative Law, the judges of the CCCI will be appointed, and removed from office in accordance with the procedures set forth in Iraqi law.