Administrative control authorities in the case of siege and its impact on public rights and freedoms in Iraqi law

The role and authority of the administrative police is one of the most important tasks of the administration, which is related to the rights of individuals and individual freedoms, and that is why the importance of the administrative police in protecting public and society order has doubled.  If the administrative police authority exceed the legal limits, their behavior is considered illegal and they should be revoked or changed according to the circumstances.  Of course, this is the case if the government does not face exceptional conditions that threaten its basis and security, and the administration will not be able to cope with these exceptional conditions, despite the laws and bills that have been enacted for normal conditions.  In this case, deviating from the legal rules and regulations in the mentioned conditions and granting extensive and unusual exceptional powers to the administrative police boards to deal with these conditions, which often lead to restrictions on the rights and freedoms of the individual mentioned in the laws is natural.  But this does not mean that the executive power should be given uncalculatedly to violate the rights and freedoms in any way it wants, but it does mean that it is allowed within certain limits and criteria.  The issue at stake is the era of sanctions, in which decisions that are considered illegal are legalized to ensure security and public interest will continue, and that the two – the exceptional and the ordinary states – are not replaced.  The importance of this discussion lies in the fact that: 1-Limit the exceptional circumstances and determine its scope, protect public freedoms in these circumstances to the extent possible. 2- Partial, factual and legal answers have been given to the questions based on the protection of public rights and freedoms against the decisions and mechanisms adopted by the administrative police in the event of sanction. The purpose of this descriptive-analytical study is a clear explanation of sanctions and protection of rights and freedoms in this period and the position of judicial oversight of the role and powers of the administrative police during the sanctions.