Mem 12: Administration of Independent Judiciary

by L. Paul Bremer, Coalition Provisional Authority

COALITION PROVISIONAL AUTHORITY
MEMORANDUM NUMBER 12


ADMINISTRATION OF INDEPENDENT JUDICIARY


Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA),
and under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolutions 1483 and 1511 (2003),

Recognizing that an independent judiciary as provided for in CPA Order No. 35 and the
Law of Administration for the State of Iraq for the Transitional Period requires an
independent judicial administration,

Recognizing further that Iraqi law still reflects the lack of an independent judiciary which
was one fundamentally malign feature of the former regime that undermined the rule of
law,

I hereby promulgate the following:

Section 1
Purpose


This Memorandum implements CPA Order No. 35 and Chapter six of the Law of
Administration for the State of Iraq for the Transitional period.

Section 2
Definition


For purposes of this regulation, “Council of Judges” means the Council of Judges reestablished
by CPA Order 35, or its successor organization as provided by the Law of
Administration for the State of Iraq for the Transitional Period.

Section 3
Budget


The Council of Judges and the Court of Cassation shall each have its own, separate
budget by no later than June 1, 2004. The Ministry of finance shall cooperate fully to
create, fund, and support each such budget, including reallocating money from the
budget of the Ministry of Justice as appropriate. For the year 2004, the Ministry of
Finance shall determine, in consultation with the Ministry of Justice, the Council of
Judges, and the Court of Cassation, the amount of the budget of the Ministry of
Justice for 2004 that shall be reallocated to the latter two entities, and shall attempt to
minimize any additional 2004 budget expenditures concerning these two entities.

CPA/MEM/8 May 2004/12

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Section 4

Personnel

All employees who work for or are primarily associated with the courts, including
but not limited to all judges, prosecutors, court investigators, court clerks, personnel
on the Committee of Judicial Supervision, security personnel, and support and
administrative staff, and are currently employed by the Ministry of Justice, shall, no
later than June 1, 2004, become employees of the Council of Judges or of the Court
of Cassation, as appropriate.

Section 5

Property

All interests in property, real, tangible, or otherwise, including but not limited to
furniture, motor vehicles, office equipment, libraries, and housing for judges and
prosecutors, that is primarily used for or associated with courts and the judiciary and
that is assigned to the Ministry of Justice, shall, no later than June 1, 2004, be
assigned to the Council of Judges or to the Court of Cassation, as appropriate.

Section 6
State Consultative Council


The State Consultative Council shall remain a part of the Ministry of Justice.

Section 7
References in Law


References in Iraqi law to the Ministry of Justice or the Minister of Justice shall,
where necessary and proper in light of CPA Order 35 or the Law of Administration
for the State of Iraq for the Transitional Period, or where otherwise necessary and
proper to maintain the independence of the judiciary, be construed to refer to the
Council of Judges or its President, or to the Court of Cassation or its Chief Judge, or
to the Supreme Federal Court or its Presiding Judge, as appropriate. The courts shall
have sole jurisdiction to adjudicated disputes in this connection.

CPA/MEM/_ May 2004/_