Decree No. 115

Date of Decree: 18 Rabi I A.H. 1415/25 August 1994

Pursuant to the provisions of article 42, paragraph 1, of the Constitution, the Revolution Command Council has decreed as follows:

1. The auricle of one ear shall be cut off any person committing the following crimes:

(a) Evading to perform military service;

(b) Deserting from military service;

(c) Sheltering or protecting anyone who has evaded or deserted from military service.

2. The auricle of the other ear shall be cut off in the case of a second offence involving any of the crimes specified in paragraph 1 of this Decree.

3. A horizontal line 1 millimetre thick and no less than 3 centimetres and no more than 5 centimetres long shall be tattooed on the forehead of every person whose ear has been cut off.

4. The cutting off of the auricle of the ear, and the tattooing, shall be performed in accordance with the directives to be issued by the Office of the President in this respect.

5. Death by firing squad shall be the penalty for anyone who:

(a) Has deserted from military service three times;

(b) Has evaded military service and subsequently deserted twice;

(c) Has three times protected or sheltered any deserter from or evader of military service.

6. For the purposes of the application of the provisions of this Decree, a deserter shall be considered to be any person who has been absent from his unit without authorized leave for more than 15 days.

7. (a) These legal processes shall not apply to any evader of or deserter from military service who surrenders within seven days of the date of the promulgation of this Decree to authorities to be specified by the Office of the President.

(b) The period specified in paragraph (a) of this article shall be 30 days for anyone outside Iraq.

8. The provisions of this Decree shall apply to those who evaded or deserted from military service prior to the promulgation of this Decree, should they fail to surrender themselves within the period specified in article 7 of this Decree.

9. The authorities competent to implement the provisions of this Decree shall be specified by the Office of the President.

10. (a) This Decree shall enter into force from the date of its promulgation until further notice.

(b) Any text which conflicts with the provisions of this Decree shall be null and void.

Chairman of the Revolution Command Council