BFP Volume 5


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Murder Most Foul

Volume 4





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August 26, 2005

Article 7

A) Islam is the official religion of the State and is to be considered a source of legislation.

Article 15

 (C) No one may be unlawfully arrested or detained, and no one may bedetained by reason of political or religious beliefs. 

(D) All persons shall be guaranteed the right to a fair and public hearing by an independent and impartial tribunal, regardless of whether the proceeding is civil or criminal.  Notice of the proceeding and its legal basis must be provided to the accused without delay.

(E) The accused is innocent until proven guilty pursuant to law, and he likewise has the right to engage independent and competent counsel, to remain silent in response to questions addressed to him with no compulsion to testify for any reason, to participate in preparing his defense, and to summon and examine witnesses or to ask the judge to do so.  At the time a
person is arrested, he must be notified of these rights. 

(F) The right to a fair, speedy, and open trial shall be guaranteed. 

(G) Every person deprived of his liberty by arrest or detention shall have the right of recourse to a court to determine the legality of his arrest or detention without delay and to order his release if this occurred in an illegal manner. 

(H) After being found innocent of a charge, an accused may not be tried once again on the same charge.

(I) Civilians may not be tried before a military tribunal.  Special
or exceptional courts may not be established.

(J) Torture in all its forms, physical or mental, shall be prohibited under all circumstances, as shall be cruel, inhuman, or degrading treatment.  No confession made under compulsion, torture, or threat thereof shall be relied upon or admitted into evidence for any reason in any proceeding, whether criminal or otherwise.

Article 27

(A) The Iraqi Armed Forces shall consist of the active and reserve units, and elements thereof.  The purpose of these forces is the defense of Iraq.

(B)  Armed forces and militias not under the command structure of the Iraqi Transitional Government are prohibited, except as provided by federal law