Iraq rights group warns of “legal concerns” over IHEC’s candidate exclusions

Shafaq News – Baghdad

The Iraqi Observatory for Human Rights (IOHR) on Sunday voiced concern over what it described as practices linked to a decision by the Independent High Electoral Commission (IHEC) to exclude several candidates after the publication of the final lists.

In a statement, the observatory said the measures “lack legal clarity and procedural transparency” and “undermine the principle of electoral justice.” It added that the IHEC’s broad interpretation of its powers after approving the final list of candidates “poses a serious legal issue and raises questions about its commitment to constitutional and legal standards guaranteeing equality and fair competition.”

Earlier, IHEC said it may disqualify candidates who breach the rules of the electoral silence period, which began on Saturday morning ahead of next week’s parliamentary elections.

So far, IHEC has disqualified more than 800 parliamentary candidates for various violations, including misconduct and forged academic documents.

The IOHR noted that Iraq’s electoral law does not specify the commission’s authority after final approval of the candidate lists, creating “a legal gap” that allows for exclusions at advanced stages of the electoral process without a defined timeframe.

Warning that such a legislative shortcoming “threatens equal electoral opportunities and weakens public trust in electoral institutions,” the statement pointed to inconsistencies in how the laws are applied and in accountability standards among candidates.

The observatory also highlighted that some IHEC decisions were issued after campaign activities had already begun, which “harmed the affected candidates’ chances and created a legal and ethical crisis related to equality among competitors.” It said the delayed exclusions contradict Iraq’s obligations under the International Covenant on Civil and Political Rights (Article 25), which guarantees citizens the right to participate in public life without unjustified restrictions, and violate principles set by the Venice Commission, which call for clarity and stability in electoral laws well before voting.

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The IOHR criticized the use of the “good conduct” criterion without clear legal parameters, saying it allows “subjective and selective interpretation” and exposes the commission to accusations of bias. It urged the IHEC to define a clear legal timeframe for exclusion powers and make its decisions subject to mandatory judicial review before enforcement.

The IOHR recommended amending Election Law No. 12 of 2018 (as amended) to set specific time limits for exclusion decisions after final candidate approval, require the IHEC to justify and publicly announce its rulings, and ensure that disqualifications are based solely on final judicial decisions.