Analysis: Iraq judicial system far from independent

BAGHDAD, 10 October (IRIN) - Like other public sectors in Iraq, the judicial system decayed during the three and a half decades of former President Saddam Hussein's 24-year rule, in which his government controlled it and directed judges to serve its interests.

This year though, Iraq's Prime Minister Nouri al-Maliki promised to make Iraq's judicial system more independent, partly by making it the sole authority responsible for punishing crime, and partly by increasing its powers.

However, legal specialists say much still has to be done to make the judiciary truly independent. "The government has to protect the judicial system from any pressure from influential political parties or any social influences to achieve independence for this important sector," said Dr Ahmed Jabre Attwan, a legal expert at the College of Law, Baghdad University.

Attwan said Iraq's government must choose independent judges carefully, and adopt tough measures against anyone who tries to influence this system for personal or political gain.

"Over the past three decades, there was just one party controlling the country's judicial system, but now the whole system is in the hands of many political parties, especially those who have militias," said a 65-year-old Iraqi judge who spoke on condition of anonymity due to his fear of reprisals.

Most judges refuse to speak with reporters, even anonymously. At least 11 judges have been killed in 2006.

"We can't do our job properly with all these pressures…" the judge said. "They [militias] are controlling everything everywhere, and they do whatever they want. They don't even hesitate to put pressure on us openly."

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