RNA - After the al-Hillah city court announced that the two-year sentence of the offender to the Authority had been determined and the court did not have the competence to revoke the sentence at the request of the Grand Ayatollah al-Sistani, the office of the Supreme Religious Authority asked the Iraqi Prime Minister to send an request to the President of the country to forgive the convicted person, so that he, according to his authority within the framework of the Constitution, subject the aforesaid person to his amnesty.
According to the report, the Office of the Supreme Religious Authority on 14/04/2020 asked the Prime Minister of Iraq to send a letter of recommendation to the President of the country regarding the pardon of this person based on the authorities he has in the Constitution (Document No. 3).
With the follow-up of the Authority’s office, this letter of recommendation was sent on 16/04/2020 and on 18/04/2020 the presidential amnesty was issued (Document No. 5). Of course, it should be noted that what is stated in the Prime Minister’s letter of recommendation as well as the presidential amnesty letter that the authority has waived his complaint, is not accurate. Because the Authority has never complained against the person, he now wants to waive his personal right but the complainant faction has been a public right, as stated in Document No. 1, and has been done without informing the Authority.
The full text of the letter from the office of Grand Ayatollah al-Sistani addressed to the Prime Minister of Iraq, as well as the letter of recommendation of Adel Abdul-Mahdi and the amnesty letter of the President of Iraq, Barham Salih, are as follows: The text of the letter of Grand Ayatollah al-Sistani’s office to Prime Minister Adel Abdul-Mahdi:
In the Name of God, The Most Compassionate, The Most Merciful
The esteemed Prime Minister Mr. Adel Abdul-Mahdi
al-Salamu Alaikum wa Rahmatullahi wa Barakatuhu
Yesterday, we were informed of the two-year prison sentence of al-Hillah Court on 12/5/2019 against a citizen named “Kazem Abis Abd” on charges of publishing insulting material to the Supreme Religious Authority, the Grand Ayatollah al-Sistani.
Considering that the Grand Ayatollah al-Sistani will never be happy with anyone being punished for publishing an insulting material, we submitted a request to the court for the release of the aforesaid citizen, but it was announced that the sentence has been finalized and the release of the person is not in the authority of judicatory Court.
And since, according to Article No. 73 of the constitution, the issuance of a special amnesty for convicts is part of the authorities of the President and is subject to the presentation of a letter of recommendation from the Prime Minister, it is hoped that Your Excellency will send a letter of recommendation to the President regarding the forgiveness of the above mentioned person and his release in the possible nearest time.
The office of the Grand Ayatollah al-Sistani
20th Sha’ban 1441 AH
Adel Abdul-Mahdi’s letter of recommendation to President Barham Salih for forgiveness of the above-mentioned person:
To the esteemed President,
Greetings and Regards,
According to the enclosed images of the final verdict issued by the Criminal Court of al-Hillah against the accused “Kazem Abis Abd” and the text of the Grand Ayatollah Sayyid Ali al-Sistani’s waiver from his complaint against this person on 20th Sha’ban 1441 AH coinciding with 14/04/2020, please call for issuing the amnesty for the above-mentioned accused based on the authorities conferred to Your Excellency in Article No. 73 of the 2005 Constitution of the Republic of Iraq.
Prime Minister Adel Abdul-Mahdi
Iraqi President’s Amnesty Decree:
Pursuant to the first clause of Article No. 73 of the constitution and the first clause of Article No. 154 of the Amended Punishment Law No. 111 of 1969, and based on the Prime Minister’s letter of recommendation and considering the condonation of the Grand Ayatollah Sayyid Ali al-Sistani, the following command was issued:
First: The accused “Kazem Abis Abd” should be pardoned from the remaining sentence issued by al-Hillah Criminal Court.
Second: The Minister of Justice must implement this order.
Third: This decree is effective from the date of issuance.
25th Sha’ban 1441 AH,
18th April, 2020.