Legal guarantees to protect whistleblowers and victims of administrative and financial corruption in Iraqi law

Author:
Qassem Mwaidhi Attia Al-Ugaili
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
syed Ali Mirdamad Najaf Abadi

This tagged study (legal guarantees to protect the informant and complainant in cases of financial and administrative corruption) dealt with the protection established for the complainant and the informant in corruption cases in international conventions and national legislations, especially in Iraq.  Because these groups have an important role in combating financial and administrative corruption by helping the competent authorities, and the treatments that some countries have taken on this issue;  Because the comparative method gives it the benefit that contributes to enriching the research;  The researcher chose the Jordanian and Moroccan experience, being Arab countries close to the cultural and legislative structure of Iraq and affiliated with the League of Arab States, in addition to the French experience for being a solid global experience. The study concluded that international anti-corruption conventions provided proactive measures for complainants and whistle-blowers from the risks that may arise.  They are exposed to it, and the countries adopted those agreements as an approach in harmonizing their internal legislation with the requirements of those conventions. However, the application of these principles on the ground is fraught with many difficulties due to the different social, cultural and political environment of countries, including Iraq, and the study indicated many weaknesses in the laws.  The Iraqi law in this regard, especially the Law No. (58) of 2017 in force for the protection of witnesses, experts, informers and victims, the most important of which is the insufficient objective protection of the informant and the complainant along with the witness and the expert, as the law made their protection program limited to requesting and providing protection without achieving a criminal deterrent for those who are exposed to them  He attacks them, and the researcher suggested amending the law to achieve the necessary protection.