COALITION PROVISIONAL AUTHORITY ORDER NUMBER 15
ESTABLISHMENT OF THE JUDICIAL REVIEW COMMITTEE
Pursuant to my authority as Administrator of the Coalition Provisional Authority ( CPA),
and the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolution 1483 (2003),
Noting the obligation on the CPA to restore and maintain order and the right of the CPA
to take measures for its security, to ensure fundamental standards of due process and to
promote the rule of law,
Noting that the Iraqi justice system has been subjected to political interference and
corruption over the years of Iraqi Ba'ath Party rule,
Noting that it is inherent to the stability of any society that the judicial system is
independent and impartial but is seen to be so,
Recognizing the role that the Judicial Review Committee will have in ensuring as far as
possible the highest standard of judicial service in,
Acting in accordance with the Administrator's Order Number 1 of May, 16 2003 on the
De-Baathification of Iraqi Society (CPA/ORD 16 May 2003/01),
I hereby promulgate the following:
Section 1
Establishment
I) There will be established an entity to be known as the Judicial Review Committee
(hereinafter "the Committee") which will commence operation at a time to be
fixed by the Administrator.
2) The Committee will operate at the discretion of the Administrator and will
terminate operation at a time to be fixed by the Administrator.
Section 2
The Iraqi Judiciary Act
In accordance with Section Three of Coalition Provisional Authority Regulation
Number One, the Iraqi Organization of the Judiciary Act of .1979 ("Iraqi Judiciary
Act") shall be suspended insofar as its provisions conflict with this Order, or any
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decision of the CPA, the Senior Advisor or the Judicial Review Committee.
Nothing in the Iraqi Judiciary Act, or any other Iraqi law, shall impede the
operation of the Committee as provided for in this Order and the Committee
Terms of Reference.
Section 3
Composition of the Committee
1) The Committee shall be composed of three Iraqi members and three international
members who shall be nominated by the Senior Advisor and appointed by the
Administrator, and who shall serve at, the discretion of the Administrator.
2) The members of the Committee shall be qualified lawyers within their national
jurisdictions and shall serve for a period of three months unless otherwise
specified at the time of appointment.
Section 4
Powers and Functions
1) The Committee shall investigate and gather information on the suitability of
Judges and Prosecutors to hold office. It shall have the power to remove judges
and prosecutors from office, confirm their continued holding of office, appoint
replacements for judges and prosecutors removed from office and resolve the
claims of judges and prosecutors who assert that they were improperly removed
from office.
2) The Committee will act in accordance with the Committee Terms of Reference.
Section 5
Obligation to Provide Information
1) All persons shall, on request by the Committee, and in accordance with the Terms
of Reference, provide all authorized information within their possession, control or
knowledge concerning any matter regarding which the Committee is authorized to
obtain information.
Section 6
Regulation of the Council
1) The Council shall be bound by and operate in accordance with its Terms of
Reference and any Regulations, Orders or Memoranda issued by the
Administrator.
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2) The Senior Adviser shall fix the remuneration of members of the Committee.
3) The Iraqi members of the committee shall retain any governmental positions that
they hold. Any member of the Committee may continue to hold employment
positions that they held prior to joining the Committee, if the Senior Advisor
determines that they are able to do so without impeding their service on the
Committee and that no conflict of interest or bias is created thereby.
Section 7
Entry into Force
This Order shall enter into force on the date of signature.
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Coalition Provisional Authority
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