COALITION PROVISIONAL AUTHORITY ORDER NUMBER 98
IRAQI OMBUDSMAN FOR PENAL AND DETENTION MATTERS
Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA) and under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolutions 1483 and 1511 (2003),
Recognizing the need to promote the development of an effective framework for officials of the Iraqi Government to participate in the oversight of the detention of individuals in Iraq,
Determining the necessity of an independent means of investigating complaints of abuse and acting in accordance with UNSCR 1483 to promote the protection of human rights,
Acting in accordance with the consultations between the Coalition Provisional Authority and the Iraqi Interim Government,
I hereby promulgate the following:
Section 1
Definitions
1) “Detaining authority” means any Iraqi, Multinational Force or contracted personnel employed, engaged in, supervising or commanding, criminal or security custody in Iraq with respect to persons held in such custody for any period. This does not include Multinational Force detention of its own personnel.
2) “The Government” means the Iraqi Interim Government and the Iraqi Transitional Government.
3) “Complainant” means a person complaining of adverse treatment by a detaining
authority.
4) “Conduct” means any action or inaction relating to the behavior or administrative functions of a detaining authority.
5) "Head of Government" means, before June 30, 2004, the CPA Administrator, and
thereafter means the Prime Minister of the Iraqi Interim Government or the Iraqi
Transitional Government.
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Section 2
Office of the Ombudsman
1) The Head of Government may, on the recommendation of the Minister of Justice, appoint an Ombudsman on such terms and conditions, consistent with and subject to this Order, as are specified in the instrument of appointment.
2) For administrative purposes, and without prejudice to the powers and responsibilities vested in the Ombudsman under this Order, the Ombudsman shall be considered an officer of the Ministry of Justice and shall be entitled to a salary at a level commensurate with the duties and responsibilities of the office, as determined by the Minister of Justice, which salary shall not be reduced during the Ombudsman’s tenure.
3) Subject to this Order, the Ombudsman holds office for such period, not exceeding seven years, as is specified in the instrument of his or her appointment and is eligible for re-appointment.
4) To be eligible for appointment as Ombudsman the person must:
a) be an Iraqi national,
b) be of high moral character and reputation for impartiality and integrity,
c) have a background of opposition to the Ba`ath Party, non-membership in the
Ba`ath Party or membership that does not fall within the leadership tiers described in CPA Order 1, dated May 16, 2003 and entailed no involvement in Ba`ath Party activity, and
d) have no criminal record unless the record consists only of a political or false charge made by the Ba`ath Party regime.
5) The Head of Government may replace an Ombudsman from office of Ombudsman, if the Head of Government considers that one or more of the following grounds have been established, but such grounds shall be presented in writing and shall be subject to appeal to the Courts of Iraq:
a) acceptance of any gainful employment outside the duties of the office, unless with the permission of the Minister of Justice;
b) decision to stand for election as a member of the National Assembly or of the any provincial governate or council,
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c) resignation of the office by instrument in writing addressed to the Head of Government;
d) physical or mental disability affecting his or her capacity to perform his or her functions, or failure in the execution of his or her functions; or
e) conviction for a criminal offense punishable by a term of imprisonment.
6) The Ombudsman has and may exercise the functions conferred or imposed on the Ombudsman by or under this or any other law.
Section 3
Deputy and Assistant Ombudsmen
1) The Ombudsman may appoint one or more Deputy Ombudsmen and Assistant
Ombudsmen. Deputy or Assistant Ombudsmen shall exercise such authority and
perform such duties as the Ombudsman delegates, without limitation.