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Supreme Court cannot request a recount of the ballots, legal expert says

Category: Iraq News

Date: 2021-12-26T17:25:17+0000
Supreme Court cannot request a recount of the ballots, legal expert says

Shafaq News/ The expert in Iraqi law, Jamal al-Asadi, on Sunday said that the Supreme Federal Court does not have the authority to request a recount of the ballots.

In a statement to Shafaq News Agency, al-Asadi said, "the lawsuit of the Coordination Framework before the Supreme Federal Court will definitely be dismissed because the Court does not have the powers to engage in the technicalities of the election. This is a prerogative of the Independent High Electoral Commission (IHEC)."

"Constitutionally, the Supreme Federal Court can either ratify or dismiss the election results. It can refuse the ratification of some names if they do not meet the qualifications. In this case, it can refer the issue again to IHEC, as it did in 2014 and 2018."

"Similarly, the Court cannot annul the results of some Electronic Voting Machines (EVMs). It can ask IHEC about the irregularities that tainted the polls."

"If the Court detected Irregularities, it can raise a recommendation about it."

In a statement to Shafaq News Agency, the appellant lawyer, Mohammad al-Saedi, said, "the court will convene tomorrow on Monday to issue the verdict."

"The C1000 system is the main argument in the case, given it was used without a contract and it serves as a data manager, encryptor, and decoder, beside its role in presenting the results," he explained.

"The Court will issue its verdict tomorrow. It is unknown until the moment. It can be annuling the results or dismissing the complaint," the counseler concluded. 

The expert in Iraqi law, Tariq Harb, expected that the Supreme Federal Court will dismiss the complaint filed by al-Ameri to annul the October 10 election results.

Harb said in a statement to Shafaq News Agency, "the court recently dismissed a complaint filed by the candidate who won a seat in al-Muthanna Basem Khashan and other candidates to demand the reinstatement of dissolved parliament."

"For this reason, I think that the court will dismiss the complaint filed by al-Ameri to abolish the election results. Its ruling will be unappealable."

"Afterwards, the court will ratify the election results," he said. 

The Supreme Federal Court will issue on Monday its verdict in the lawsuit al-Fatah alliance had filed to annul the October 10 election results.

A source told Shafaq News Agency that the court will convene on 26/12/2021 to announce its ruling after completing the hearing and trial procedures.

The leader of al-Fatah alliance, Hadi al-Ameri, reiterated his rejecting position in his testimony before the court today. 

Pro-Tehran forces, led by al-Fatah alliance, that emerged as the biggest losers in the election reject the outcome of the vote, thrusting the country into uncertainty and political crisis.

The unsubstantiated claims of voter fraud are casting a shadow over an election that was praised by the United States, the U.N. Security Council, and others for being the smoothest in years and without major technical glitches.

 The standoff also increased tensions among rival Shiite factions that could reflect on the street and threaten Iraq's newfound relative stability. However, a recent exchange of visits offered a glimmer of hope for forming a new government.

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