In the name of the public

Presidency Council

Based on what was resolved by the National Assembly according to the provisions of the two clauses (A-B) of article thirty three of the Law of Administration of the Iraqi

State for the Transitional Period, and based on the provisions of article thirty seven of the Law of Administration of the State. The Presidency Council decided by majority

In its session held on 82006/1/ issuing the following law:

No. (3) For the year 2006

AI-Shuhada'a Establishment




Part One

Chapter One

Aims and Bases



Article (1)

1- A State Establishment is to be established in the name of (AI- Shuhada'a) Establishment.

2- The Establishment had independent moral personality and financial independence and is linked to the Prime Minister Office.

Article (2)

The law of AI-Shuhada'a Establishment aims to remedying the general situation of the martyrs' families and compensates them financially and morally in what is proportional to the scope of sacrifices which the martyrs offered and the suffering of their families after their martyrdom.


Article (3)

The Aims of the Establishment:

The establishment aims at providing care to the families of the martyrs in addition to the benefits stipulated in this law in accordance with the following bases:

First: Naming of the martyrs according to the provisions of this law.

Second: Providing many of the benefits to the categories included in the provisions of this law through coordination with the various official state establishments and the non official establishments in various fields of life.

Third: Providing the suitable work and study opportunities to them in what is proportional to their efficiencies and grant them the priority in that.

Fourth: Providing the facility and aids which enables them from achieving the economical and social welfare for them and their families in the economical, legal, health care and social security fields and all other fields.

Fifth: Glorifying martyrdom, sacrifice redemption and their values in society and commemorate them through political and social activities in the fields of culture, arts and various media means.

Sixth: The specific work for the Establishment in what ensures attracting and stimulating the local, regional and international sides to provide the material and moral support for it.


Article (4)

The Premiership undertakes in coordination with AI-Shuhada'a Establishment Issuing the resolutions and regulations which facilitate the implementation of the Implications of the above aim.




Chapter Two

The Scope of Effectiveness of the Law




Article (5)

This law applies on the family of the martyr of the Iraqis in the wake of the abolished Baath regime, and intends by the meanings mentioned in this law.

First: The martyr: Every Iraqi citizen lost his life because of his opposition to the past regime in the opinion or the doctrine or political affiliation or sympathizing with its opposes or helping them, by act of the acts of the regime directly or due to the imprisonment or torture or as a result of them, or because of genocide processes, or the victims of chemical weapons and crimes against humanity and coercive displacement

Second: The Family of the Martyr: Husband, wives, sons, parents, brothers, sisters, grandsons, granddaughters.

Third: The Establishment: meant (AI-Shuhada'a) Establishment whenever it is mentioned in this law.

Fourth: The President: AI-Shuhada'a Establishment President.

Fifth: The Council: The Council for the Care of Martyrs Families.

Sixth: The Committee: The special committee formed under the chairmanship of a judge and membership of a number of representatives for defined departments and the representatives of the establishments.


Article (6)

1- Not considered a martyr for the purposes of applying the provisions of this law everyone who was working with the past regime in its various institutions or of the Baathist or the loyal and the regime killed him because of internal authoritative liquidations.

2- The martyrdom is to be confirmed by official documents and in case they do not exist it is confirmed by other legal proving methods before the special committees or courts of first instance according to the cases stipulated in article (1 0) of this law.




Part Two

The Administrative Formations

Chapter One

The Council for the Care of Martyrs Families

Article (7)

A council is formed called (The Council for the Care of Martyr Families and will be linked to the Premiership and its members are appointed by the Prime Minister and consist of:

First: Establishment President: And he will be in the rank of minister and is appointed by the board of directors of the Establishment by majority from among its members.

Second: Vice President: And he will be in the rank of deputy minister and appointed by the board of directors of the Establishment by the majority.

Third: The Council for the Care of the Martyrs Families: And is considered as the board of directors of the Establishment.

Fourth: The Special Committee: And consists of the chairman of the committee and he will be one of the judges whom the Higher Judicial Council nominates and representatives of the Ministry of Finance, Ministry of Interior and the Ministry of Labor and Social Affairs, its mission is considering the applications of the martyrs families mentioned in the law in order to decide including them in this law.

Fifth: The Administrative and financial Department.

Sixth: The Legal Department Seventh: The Economical and Social Department.


Article (8)

The president of the Care Council Practices the following powers:

1- Drafting the general policy for the work of the council in consultation with the remaining members of the council.

2- Representing the Establishment before the government or the judiciary or any other site.

3- Issuing the orders to fulfill the policy of the Establishment.

4- Agreeing on spending the funds in the various fields of the work of the Establishment.

5- Practicing any other works vested to him by the board of directors of the Establishment.

6-The practicing of the president to his tasks will be within the limits of the powers authorized to him by the board of directors.

Article (9)

The vice-president of the council for the care practices the powers which the council for the care and the president of the Establishment authorize to him and acts on behalf of the president in case of his absence.


Article (10)

The mechanism of the work of the special committee will be according to the following:

1-The special committee referred to in article (4) undertakes to decide about the applications of the martyr founding regarding including them in the provisions of this law.

2- The committee issues its decision by majority.

3- Any person of interest is entitled to complain at the special committee against the decision it issues within a period of (ten days) from the date of notifying in the decision or considering it as notified.

4- The committee issues its decision in the complaint and its decision is considered final from the administrative aspect.

5-Any person of interest is entitled to resort to the judiciary to prove his inclusion in this law after the committee issues its decision in the complaint and the decision of the court will be decisive in the matter

6- The courts of first instance will have the jurisdiction in looking into the disputes arising from the applications of the provisions of this law.

7- The decision of the courts of first instance is subject to appeal before the appeal court in its appeal capacity within thirty days from the date of notifying in the decision or considering it notified.

8- The decision of the court of first instance will be valid after acquiring the Decisive degree.

9. The council can form more than one committee according the need to overlook the submitted requests with considering conditions and rules that followed in forming central committee


Article (11)

The council for the care specializes in the following matters:

1- Discussing the general policy of the council.

2- Distributing the functional tasks among the president of the council,

The vice-president and the members

3- Implementing the policy of the council and translating it on the ground of reality.

4. Working with all committees to obtain the maximum benefits and aids

To the martyrs families included in the provisions of this law

5- Discussing the budget and approving it and approving its accounts

And performing the necessary transfers in them

6-Submitting the bills of laws to the legislative authorities in order to approve them as well as coordinating with the council of Ministers to issue the necessary orders and instructions to achieve its aims.




Chapter Two

The Financial Administration




Article (12)

First: the establishment has financial budget financed centrally from united public treasury, so has independent finance, complies with the preparing of budget and its implementation for rules and financial basis

Second: the budget is composed of:

1. operating budget

2. investment budget


Article (13)

The budget of the Establishment Consists of the following.

1. The ordinary budget.

2. The annual investment budget. -


Article (14)

The resources of the budget consist of the following elements:

1- The annual appropriations from the general budget of the state.

2- The support provided by the local, regional and international Donating sides.

3- The proceeds of the activities and investments of the Establishment.


Article (15)

The accounts of the establishment are subject to the auditing of its board of Directors and the other governmental auditing authorities

Part Three

General Provisions

Chapter One

Provisions of the Martyr


Article (16)

1. specializing for martyr family who was associated with state's departments, a pension salary equaling the salary of his colleagues in job according salaries scale after counting the period between arresting or assassination date and implementing of Establishment's law No.(3) for the year 2006 in 6/3/2006 and considering this period as active service for bonus, promotion, and pension

2. Specializing for martyr family who was not associated with state's departments, a pension salary equaled a triple of pension salary which is mentioned in pension law.

Second:

1. Stopping the pension salary for martyr's sons and his brothers when they become 18 years old, who are not disabled because of handicap after 10 years from date of receiving salary according the rules of this law

2. stopping the pension salary for martyr's son or his sister after their marriage or if they get an other salary after ten years from receiving salary according to this law

Third: who is included in these rules of this law can gather between his deserve from pension salary of martyr and another pension share or another salary

Fourth: brother and sisters deserved pension salary if the martyr was single and his parents were dead

Fifth: the pension salary continues as exemption from the two paragraphs (1, 2) from the clause (second) from this article according the following:

A. for parents

B. for son and daughter in the case of their continuing in study

C. for son and daughter from special needs with regardless on their ages and study stage

D. for the wife of martyr or his daughter or sister until marriage or appointment and return back if marriage relation ended

Sixth: when stopping pension salary of one of deserved, his share will be distributed on others

And issuing the necessary instructions to implement them in coordination with the Ministry of Labor and Social Affairs and the Ministry of Finance


Article (17)

1- A residential unit or a residential plot of land is allocated to the wife and children of the martyr, also a plot of land is allocated to the parents of the martyr and the governmental ministries concerned of the Ministry of Municipality and Works and the Ministry of Housing are obliged to implement that as quick as possible and the priority will be to these over all other appropriations.

2-In case of allocating a plot of land for the wife and her children, an amount of suitable real estate grant is paid to build a residential unit and in case it is not suffic1ent a real estate loan is given to complete the building in facilitated installments and AI-Shuhada'a Establishment works an amortizing this loan in the future.

3-In case the martyr family have no wish in the house or apartment or plot of land then their value is paid to them at prevalent market price according to the share of each of them.

4. Martyr family is excepted from the following conditions:

A. date of birth with considering their residence before the law of Establishment No.(3) for the year 2006 implementing

B. the rules of the decision of former (revolution leading council) No.(120) in 1982 and its instructions


Article (18)

1- In case of the death of the parents of the bachelor martyr before or after martyrdom then the determined rights and privileges of the martyr family are transferred to his brothers and sisters.

2- If the martyr was married to more than one wife, then each of his wives and the deserving from his children from her enjoy the same rights and privileges determined for the one wife according to this law.


Article (19)

In case of the martyrdom of more than one person to the martyr family then their rights will be according to the following provisions:

1- A percentage amounting 50% is added to the deserved salary and to all the other financial privileges.

2- A residential house is allocated whose value exceed 50% to the area of the house provided for the family of one martyr, and in case of allocating a residential plot of land then its area should be 50% larger then the area of the plot allocated to the family of one martyr together with similar increment in the real estate grant and loan and these increments are deserved once only.


Article (20)

1- The Ministry of housing construct through direct implementation or by

Contracting with any natural person, residential houses for those included in the provisions of this law and transfer their possession to them free of charge and in case this is not possible or not sufficient to meet the need. Then the included,

Has the option between receiving amount equivalent to the value of the residential house granted and determined by the sides concerned or waiting his turn in entitlement.

2- In the account of the national development plan, the necessary amounts are appropriated annually: to accomplish these projects.

Other Privileges


Article (21)

First: create a medal named (high honor medal) given to the martyr's families and authorizing them the privileges provided according medals law, its form and gauges according instructions of ministers council with coordination.

Second: excepting martyr's inheritance from estate's tax that provided in the law of estates tax No. (64) For the year 1985

Third: martyr's families have the right of choosing the work place that they desire one time and they have priority in appointment

Fourth: martyr family is exempted from government's transport fees in airplanes, trains, and autobus in all sides of Iraq

Fifth: martyr family is exempted from government's transport fees in airplanes, trains, and autobus outside Iraq one yearly

Sixth: martyr's Establishment pays transport fees which provided in clauses (4, 5) from this article

Seventh: allocate proportion (10%) from study seats of higher education, and scholarships for martyrs' families with exception from age and average conditions, the submitter must pass special test with considering criterions, the competition is on the seats among them


Article (22)

1- Obtaining the family of the martyr their rights in this law does not drop their right in claiming any other rights according to provisions of penal responsibility or the other provisions of the law.

2- The family of the martyr in case of completing the formality of the real estate registration for the real estate"-allocated to them or building the plot of land allocated to them are exempted according to provisions of this law from the taxes and duties mentioned in all the laws.


Article (23)

First: the Establishment is exempted from all taxes and fees including juridical fees

Second: Establishment employments comply with the rules of (civil service law), (pension law), (the law of government employments discipline), and (the law of state and public employments' salaries)

Third: the Establishment is complied to appoint martyrs' family exclusively

Fourth: the branches, departments, divisions, units, its specialties and tasks of Establishment are determined according intersystem issued by Establishment


Article (24)

The Council of Ministers undertakes issuing the necessary instructions to implement the clauses of this law.


Article (25)

This law is to be implemented from the date of publishing it in the official gazette.

Iraq has passed through difficult period which history rarely witnessed what is similar to it where it witnessed the domination of a group of criminals led by the most tyrannical dictator the human history ever witnessed, and this resulted in the fall of hundreds of thousands of Iraqis as martyrs, offered themselves in sacrifice for the country and the humanitarian principles.

And incurred on that inflicting the gravest harm to the families of the martyrs who borne complex difficulties and in order to satisfy a simple part of what they offered in sacrifice for Iraq and for the sake of high humanitarian principles, this law was enacted.




Ministers council in coordination with Establishment is holding issuing necessary instructions to facilitate implement the rules of this law

This law will be implemented after publishing in official newspaper

Any clause inconsistent with this law, is not working

Reasons

Because of the gaps in Establishment's law No. 3 of the year 2006 and to repair the lack which was resulted by applying, so to eliminate injustice and realize justice in granting rights and privileges for martyrs' families as suitable with the scarifies that presented by martyrs, this law has been legislated