IRAQI INTELLIGENCE AND SECURITY RELATED DOCUMENTS

Revolution Command Council

Decree No. 61

dated 24 Safar 1416 A.H.

22 July 1995

Decree

Pursuant to the humanitarian and national pedagogical content of the address delivered by President Saddam Hussein, our leader, on the twenty-seventh anniversary of the outbreak of the glorious revolution of 17-30 July in which he offered an opportunity for persons who had deviated for one reason or another, or under the influence of satanic temptation, to duly rectify their errors and return from the abyss of deviationism to the firm base of virtue and patriotism,

In accordance with the provisions of article 42, paragraph (a), of the Constitution, the Revolution Command Council hereby promulgates the following decree:

I. The remaining periods of the sentences of Iraqi prisoners are remitted in the case of the following persons:

1. Anyone who has served 3 years of a prison sentence exceeding 10 years.

2. Anyone who has served 2 years of a prison sentence not exceeding 10 years.

3. Anyone who has served one year of a minor prison sentence not exceeding three years.

II. 1. The remainder of the sentences of Iraqi detainees shall be remitted if their relatives undertake to ensure their good conduct, provided that the said undertaking is endorsed by a member of the Arab Ba'ath Socialist Party.

2. The provisions of section I of this Decree shall apply to persons detained for acts of murder.

III. Persons sentenced to a penalty of amputation of the hand shall be exempted from this penalty if they have spent two years in custody or detention.

IV. The amnesty shall cover persons convicted prior to the entry into force of this Decree when they have completed the periods referred to in sections I, II and III of this Decree.

V. 1. The amnesty provisions contained in sections I, II and IV of this Decree shall not apply to persons convicted of acts of murder unless a conciliation has been reached with the relatives of the victim.

2. The relatives of the victim mean the latter's legal heirs.

VI. The periods specified in sections I and III of this Decree shall not apply to prisoners or detainees who have memorized four of the longer chapters of the Holy Qur'an and obtained an understanding of the revolutionary course of action.

VII. Death sentences which have been handed down and become final prior to the entry into force of this Decree shall be commuted to life imprisonment.

VIII. 1. The measures taken against anyone who has committed the offence of desertion, absenteeism or evasion of military service shall be discontinued definitively if he gives himself up repentantly or if he is arrested prior to the entry into force of this Decree.

2. The provisions contained in paragraph 1 of this section shall apply to all deserters, absentees or evaders of military service who give themselves up within two weeks from the date of entry into force of this Decree if they are inside Iraq or within one month if they are outside Iraq.

3. Persons sentenced to a penalty of amputation of the auricle of the ear are exempted from this penalty.

IX. Anyone who, after benefiting from the remissions provided for in this Decree, subsequently commits a similar deliberate felony or misdemeanour shall become liable to enforcement of the remitted penalties.

X. The amnesty provided for in this Decree shall not apply to prisoners and detainees who have been convicted of the following offences:

1. Drug-related offences.

2. Espionage.

3. Murder associated with robbery.

4. Embezzlement or theft of State property.

5. Assaults on officials or public servants during or because of their discharge of their duties.

6. Bribery.

7. Rape.

8. Sodomy.

9. Incest.

XI. The President's Chef de Cabinet shall issue the instructions needed to facilitate the implementation of the provisions of this Decree.

XII. This Decree shall enter into force on the date of its promulgation.

(Signed): Saddam Hussein

Chairman of the Revolution

Command Council