The Role of the Federal Court of Cassation in Protecting Constitutional Rights and Freedoms in Criminal Proceedings

Abstract

This study examines the role of the Federal Court of Cassation in protecting constitutional rights and freedoms in criminal proceedings, as the apex of the judicial hierarchy in the Iraqi judicial system and the primary guarantor of unifying judicial interpretation and consistent application of the law. The study adopted the analytical, inductive, and comparative methodology, through analyzing relevant constitutional and legal texts, and extrapolating cassation decisions issued by the Federal Court of Cassation in criminal cases.The study found that the Federal Court of Cassation possesses a solid constitutional and legal basis that authorizes it to exercise an effective supervisory role over respect for constitutional rights and freedoms, based on Title Two of the Iraqi Constitution of 2005 (Rights and Freedoms), and the Criminal Procedure Code No. (23) of 1971. The study also demonstrated the diversity of oversight mechanisms exercised by the Court, which include oversight of the legality of procedures, oversight of the legality of evidence, and oversight of the soundness of judgments in terms of reasoning and inference. Through its decisions, the Court has established well-established judicial principles in the field of protecting rights and freedoms, most notably: the principle of the presumption of innocence, the principle of the sanctity of private life, the principle of the right to defense, and the principle of equality before the law and the judiciary. However, the study revealed challenges hindering the effectiveness of the Court's role, most notably the absence of the principle of binding judicial precedent in the Iraqi judicial system, and the gap between constitutional texts and their practical application in some criminal cases. The study concluded with a set of recommendations, the most important of which are: strengthening the principle of judicial precedent, organizing the Court's jurisdiction more clearly, establishing a specialized chamber for constitutional rights, enhancing the culture of human rights, documenting and publishing cassation decisions, and strengthening oversight of preliminary investigation procedures.