Article Iraq: Integrity Commission Orders Arrest of Former Iraqi Official on Corruption Charges

On July 16, 2023, the Iraqi Integrity Commission issued a statement concerning the arrest of the former chairman of the Najaf Provincial Council for violating article 331 of the Iraqi Penal Code (Law No. 111 of 1969), which criminalizes the breach of official duties. Article 331 states:

Any public official or agent who willfully commits an act in breach of the duties of his office or refrains from executing the affairs of that office with intent to harm the welfare of an individual or to benefit one person at the expense of another or at the expense of the state is punishable by detention plus a fine or by one of those penalties.

The statement of the commission claims that the accused received bribes while he was the chairman of the board of directors of the Najaf International Airport. The statement does not mention the name of the Iraqi official charged with corruption. However, according to the New Arab newspaper, a judicial source at the Integrity Commission said that an arrest warrant had been issued for Fayed al-Shammari.

The New Arab claims that al-Shammari is affiliated with the Islamic Dawa Party and has been outside Iraq for about three years. The statement of the Integrity Commission refers to al-Shammari as a “fugitive.”

Iraqi judicial authorities reportedly coordinated with the International Police Department at the Iraqi Ministry of Interior (homeland security) to locate and extradite al-Shammari.

The Integrity Commission

Law No. 30 of 2019 on the Integrity and Illicit Gain Commission regulates the functions and jurisdiction of the commission. The commission has the power to investigate the following crimes: theft of state funds, bribery, embezzlement, illegal gains by public officials, and violation of the rules governing the ethics of government employees. (Law No. 30 of 2019, amending Law No. 30 of 2011, art. 1(3)(a).) The commission has the authority to investigate corruption crimes involving employees of private corporations that are partially owned by the state. (Art. 1(3)(b).) Likewise, the commission has jurisdiction over crimes related to the bribery of foreign employees working in international organizations operating in Iraq. (Art. 1(3)(b)(2).) Additionally, the commission has the right to question the source of funding of any political entity, political party, nongovernmental organization, labor union, or professional syndicate. (Art. 9(3).)

Law No. 30 of 2011  provides that the commission, which has its own branches in the Iraqi provinces (art. 11(3)), is authorized to investigate illicit activities connected with corruption cases through one of its investigators under the supervision of an investigative judge (art. 11(1)) and to use all available technology to monitor and investigate corruption crime (art. 12).