Legally Banning three political parties in Iraq, due to connection with Proscribed party

The Article (25) first and third of the Political Parties Law No. (36) of 2015, obliged political parties to exercise their work but to refrain from any organizational or financial associations with any non-Iraqi party,

Iraqi Supreme Judicial Council with the Independent High Electoral Commission (IHEC) seal (Photo: Kurdistan 24)
Iraqi Supreme Judicial Council with the Independent High Electoral Commission (IHEC) seal (Photo: Kurdistan 24)

ERBIL, Kurdistan Region (Kurdistan 24) – The Iraqi Supreme Judiciary Council’s order related to the dissolution of those parties and groups affiliated with the PKK.

A statement issued by the Judicial Elections Authority at this court “The Judicial Elections Authority was formed on August 1st, 2024, headed by Judge Hassan Foad and the members Jalil Adnan Khalaf and Ramadan Hassan Obaid, who are authorized to issue judgement in the name of the people in Iraq, and issued the following decision:

Request to dissolve parties/ made by the department of Political Parties and Organizations Affairs Office at the Independent High Electoral Commission (IHEC).

The parties that should be dissolved:

1- Yazidi Freedom and Democracy Party

2- Democratic Nidhal Combat Party

3- Party of Kurdistan Society Freedom / Tafakuri Azadi

The department of Political Parties and Organizations Affairs office requested officially, according to a letter referenced (1650) dated July 20th, 2024, that lodging a complaint and dissolution request for the forementioned political parties. The request added on the closure of those parties’ headquarters and controlling their assets and money based on a complaint made by the National Security Advisory in regard to their letter referenced (1908) dated March 13th, 2024 regarding having links with the proscribed Party of Kurdistan Workers (PKK) because it causes a threat to Iraqi national security.

The decision

Upon the investigation and chasing up, it was found that the National Security Service applied to the department of the Political Parties and Organizations Affairs Office at the IHEC to lodge a sue-file complaint against the political parties (Yazidi Freedom and Democracy Party, Democratic Nidhal Combat Party and Party of Kurdistan Society Freedom / Tafakuri Azadi) for their association with the with the proscribed Patry of Kurdistan Workers and practices of prohibited activities in the Republic of Iraq.

Through the ongoing investigations by the department of Political Parties and Organizations Affairs Office and their auditing on those parties’ records, and based on the information received from the Iraqi National Intelligence Service, after reviewing the official letter from the Office of the Prime Minister’s Personal Secretary of the Commander-in-Chief of the Armed Forces referenced No. (3028/2482601) dated March 10th, 2024, in which accurate information included regarding the aforementioned parties, also the Article (25) first and third of the Political Parties Law No. (36) of 2015, obliged political parties to exercise their work but to refrain from any organizational or financial associations with any non-Iraqi party, nor any party’s directing activity based on orders or directives from any external party or countries. It also obligated to refrain from cooperating with political parties that are banned by the state or the party to become an outlet for other countries to interfere within the Iraqi internal affairs. Therefore, for all of the above reasons and Article (32 / First / W), and the Political Parties Law No. (36) of the year 2015, the court decided to dissolve the political parties as following:

1- Yazidi Freedom and Democracy Party

2- Democratic Nidhal Combat Party

3- Party of Kurdistan Society Freedom / Tafakuri Azadi

To close down their headquarters and offices, also to freeze their finances after all the legal appeals procedures take place, by exercising the Article (Third) in the Political Parties Law.

The decision was issued on August 1st, 2024, and agreed on that is to be entitled to appealed against.