by Omar Habeeb Abdul Razzaq
As an Iraqi politician who has worked in various state institutions and a social activist who believes in rule of law, I’ve realized that fair and independent judiciary is the cornerstone in building any modern and advanced state. Judiciary isn’t just one of the state institutions, but the basic guarantee for citizens’ rights, the final arbiter in disputes, and the last resort for justice.
My experience as a supporter of Iraqi youth and advocate for institutional reform taught me that citizen trust in judiciary is the foundation of his trust in the entire state. When citizens believe judiciary will protect them and achieve justice for them, they respect and abide by law. When they lose this trust, chaos spreads and people resort to other means to resolve their disputes.
Iraqi youth, who led October 2019 protests demanding justice and accountability, place great hopes on judiciary to achieve justice and hold corrupt and negligent individuals accountable. But these hopes sometimes collide with a judicial reality suffering from major challenges that limit its ability to perform its role as required.
Judicial independence is the first condition for its justice and effectiveness. Judges must be independent from all powers and influences, whether political, economic, or social. This independence must be guaranteed by law and protected by practical practice.
Qualification and continuous training for judges is necessary to ensure quality of judicial rulings. Judges must be informed about the latest developments in law and judicial jurisprudence, understand modern techniques in investigation and proof, and master session management skills and dealing with different parties.
Transparency in judicial work increases citizens’ trust in judiciary. Publishing judicial rulings, justifying decisions, and making information available to the public helps build trust and reduces doubts and accusations.
Speed of litigation is very important for achieving justice. Delayed justice is incomplete justice, and citizens need quick and fair solutions to their disputes. This requires developing judicial procedures, increasing the number of courts and judges, and using technology to speed up work.
Technology can revolutionize judicial work. Digital courts, electronic archiving, and remote litigation are all tools that can improve judicial efficiency, reduce costs, and increase access to justice.
Specialization in judiciary is important to ensure quality of rulings. A judge specialized in commercial cases understands business complexities more than a general judge, and a judge specialized in juvenile cases understands psychology and education more than others.
Judicial oversight of judges’ performance is necessary to ensure integrity and efficiency. But this oversight must be internal and professional, not political or external. The Supreme Judicial Council must be the sole responsible for monitoring judges’ performance and holding them accountable.
Cooperation between judiciary and other powers is important to ensure implementation of judicial rulings. A judicial ruling that isn’t implemented has no value, and judiciary needs executive power cooperation to implement its rulings.
Protection of judges, witnesses, and plaintiffs is necessary to ensure justice proceeds. A judge who fears for his life or future cannot rule with justice, and a witness who fears revenge cannot testify truthfully.
Legal education and judicial awareness are important to increase citizens’ legal culture. Citizens who understand their legal rights and duties can protect themselves and demand their rights through correct legal means.
Iraqi youth must have a greater role in judiciary, whether as judges, lawyers, or judicial employees. Youth have energy, enthusiasm, and technological knowledge that modern judiciary needs.
As a political activist and supporter of judicial reform in Iraq, I believe independent and fair judiciary is the foundation of the modern civil state. This goal needs strong political will, broad popular support, and continuous work from all parties.
Iraqi judiciary has a rich history, qualified judges, and good laws. What it lacks is the appropriate environment for work, necessary support for development, and adequate protection for independence. When these elements are available, Iraqi judiciary can be a model of justice in the region.
Justice isn’t just a slogan we raise or a goal we seek, but a life necessity without which no society can progress or prosper. Fair and independent judiciary is the only way to achieve this justice.