Shafaq News
Iraq’s Independent High Electoral
Commission (IHEC) has sparked wide debate after disqualifying a number of
candidates from the 2025 parliamentary elections based on the “good conduct”
requirement.
The commission announced earlier
that 65 candidates cannot run in the upcoming elections for violating Article
7/3 of the amended Law No. 12 of 2018 on parliamentary and provincial council
elections. It had also excluded others over criminal records involving charges
of previously belonging to the Ba’ath Party, murder, bribery, forgery, fraud,
and corruption.
Sources told Shafaq News that
over 75 candidates will be excluded, with the number potentially rising to
around 200.
Broad Interpretation Of “Good
Conduct”
Legal expert Mohammed Jumaa
explained that the disqualifications are based on Article 7 of the Election
Law, which sets conditions for candidacy, including “good conduct and
reputation” and the absence of criminal convictions related to felonies,
misdemeanors involving moral turpitude, or corruption cases—even if the
candidate was later pardoned.
Jumaa told Shafaq News that the
commission adopted a broad interpretation of “good conduct” to include
candidates who have not been convicted by a final judicial ruling but face
unresolved accusations or pending lawsuits. The commission considers these
allegations sufficient grounds to fail the conduct requirement.
While Jumaa acknowledged the
commission’s right to interpret legal provisions and exclude unqualified
candidates, he expressed reservations about extending disqualification to those
merely accused, stressing that accusations alone are not legally sufficient
evidence and could be politically motivated.
He also emphasized the importance
of distinguishing between “accusation” and “conviction,” affirming that “the
principle of presumed innocence applies unless proven guilty by a final court
ruling.”
Political Criticism And Controversy
Political analyst Abbas
Al-Jubouri described the disqualifications as “surprising and unusual,” noting
that some excluded candidates have served four consecutive parliamentary terms.
In an interview with Shafaq News
Agency, he called the justification of “de-Ba’athification” (removal of former
Ba’ath Party members) “illogical,” especially as some excluded figures played
key roles in Iraq’s fight against ISIS.
Al-Jubouri suggested many
exclusions were politically motivated, characterizing the process as a “purge”
carried out by the electoral commission.
Warning that these measures risk
upsetting Iraq’s political balance, particularly amid the absence of the
influential Patriotic Shiite Movement (led by Muqtada Al-Sadr) from the
elections, Al-Jubouri cautioned that excluding experienced politicians could
open the door for less qualified candidates, undermining the effectiveness of
the next parliament.
IHEC response and appeals
process
In response, the electoral
commission defended its decisions. Hassan Hadi Zayer, a member of the
commission’s media team, stated that candidates were excluded for failing to
meet the requirements outlined in the amended Election Law No. 12 of 2018,
specifically Article 3/7. This article mandates that candidates must have “good
conduct and reputation” and must not have final convictions for crimes
involving moral turpitude, including administrative and financial corruption,
regardless of any pardons.
Zayer told Shafaq News that
verification is ongoing and no final figure on disqualified candidates is
available, as relevant departments continue submitting their findings. He noted
that excluded candidates have the right to appeal within three days of the announcement
on the commission’s official website, and the judicial body will issue rulings
on appeals within ten days.
Enforcement And
Anti-Corruption View
Anti-corruption expert Saeed
Yaseen said the exclusions reflect strict enforcement of election commission
regulations and applicable laws, carried out in cooperation with the Integrity
Commission, Accountability and Justice Commission, and judiciary, alongside
criminal record reviews.
Yaseen told Shafaq News that the
election commission’s board, made up of judges, handles files impartially and
strictly according to legal texts, with no favoritism.
“This process is an important
demonstration of transparency and the rule of law,” he said, explaining that
the recent general amnesty law covered cases including forgery, corruption,
fraud, and crimes involving moral turpitude, which directly affect the good
conduct criterion essential for candidacy.
Yaseen expected the commission to
release additional exclusion lists as the comprehensive screening continues,
ensuring candidates are free from accountability procedures, criminal records,
and dishonorable convictions, with ongoing coordination with the Integrity
Commission and citizen reports analysis.
“The commission is moving in the
right direction, and it is necessary to monitor upcoming stages, especially
election campaigning and controlling misuse of public funds, to build citizen
trust in the electoral process.”
Support From Political Figures
Former MP Razzak Al-Haidari
praised the commission’s decisions as “wise and courageous,” saying they would
enhance electoral integrity and boost public confidence in the next parliament.
Al-Haidari told Shafaq News that
the commission’s move paves the way for a parliament that meets clear legal
standards, “positively impacting public trust and encouraging broad
participation in the upcoming elections, which will strengthen domestic and
international recognition of Iraq’s political system.”
He added that such measures
should have been applied in previous elections through candidate vetting based
on the law, emphasizing that “equal enforcement of the law is fundamental to
ensuring a fair election and genuine representation.”
Legal Framework And Violations
From a legal perspective,
researcher Ali Al-Tamimi confirmed that the commission’s decisions rely on
clear legal grounds stemming from election laws and regulations, including the
amended Election Law No. 12 of 2018 (amended by Law No. 4 of 2023), the
election complaints and appeals system, codes of conduct, and candidate registration
instructions issued this year.
Al-Tamimi told Shafaq News that
the law prohibits candidacy if a candidate violates eligibility criteria or
commits election crimes such as inciting sectarianism, attacking state
institutions, defaming the judiciary or rival candidates, or acts punishable
under the Iraqi Penal Code No. 111 of 1969.
He noted that the commission has
the authority to revoke candidate approvals based on submitted evidence and can
refer violations to the legal department to pursue court cases, concluding that
the pre-election phase is “a true test for candidates, where success favors
those committed to the law and free from violations.”
Election Timeline And
Participation
The campaigning period will start
at least one month before polling day, following the final approval of
candidate lists now under review by relevant state bodies.
The Commission is preparing for
the November 11, 2025, parliamentary elections, with 31 political alliances, 38
parties, and 79 independent candidates registered to run, and around 29 million
eligible voters.
Written and edited by Shafaq News
staff.
