The Federal Integrity Commission: mandate, structure and limits
People use the word "integrity" for the Commission, the court and the charge alike, so what belongs to the Commission gets mixed up with what belongs to the judge. This page from the office of lawyer Ali Barakat in Baghdad separates out the Commission itself: where its existence comes from, what its law sets as its duties, how it is made up, and where its work stops.
An independent body under parliamentary oversight
Article 102 of the Constitution makes the Integrity Commission an independent body subject to oversight by the Council of Representatives. The second article of its law repeats this and gives it legal personality and financial and administrative independence, represented by its head or a person he authorises. Since the 2019 amendment, the law names it the "Federal Integrity Commission".
Parliamentary oversight appears in the seventh article: the Council of Representatives may question the head of the Commission under the constitutional procedures for questioning ministers, and the head is removed by the same procedures as a minister.
The eight duties in the third article
Under the third article, the Commission contributes to preventing and combating corruption and to transparency through:
- Investigating corruption cases through investigators, under the supervision of the competent investigative judge and in line with the Criminal Procedure Law.
- Following corruption cases its investigators do not handle, through a legal representative holding a formal power of attorney from its head.
- Building a culture that values integrity and respect for public service ethics in the public and private sectors, through awareness programmes.
- Preparing draft laws that help prevent corruption and submitting them to the legislature.
- Requiring officials to disclose their finances, outside activities, investments and anything that may lead to a conflict of interest, by issuing regulatory instructions with the force of law, consistent with the law.
- Issuing codes of conduct setting ethical standards for public office.
- Taking any action that helps combat corruption, on two conditions: it must be necessary, and it must be effective and suited to the Commission's aims.
- Preparing and implementing national anti-corruption policy, a duty added by the 2019 amendment.
The head and two deputies
Under the fourth article, the head holds the rank of minister and is appointed on the proposal of the Council of Ministers with the approval of the Council of Representatives for five years. The fifth article requires at least a first university degree in law with actual practice; Iraqi nationality with no conviction for a non-political felony or a misdemeanour against honour; not having headed the Commission for two terms; an age of at least forty; independence from any political body; and not being subject to accountability and justice measures.
Under the sixth article, the head sets the Commission's general policy, proposes its budget, appoints and disciplines its staff, and issues the regulation on financial disclosure, the code of conduct and the internal rules. Under the eighth article there are two deputies with the rank of deputy minister: the first holds a law degree and the second a degree in education or media, and under the ninth article the first deputy acts for the head when he cannot carry out his duties.
The Commission's departments
The tenth article lists the departments at the Commission's headquarters: investigations; legal; prevention; education and public relations; relations with non-governmental organisations; administration and finance; recovery; planning and research; and the Iraqi Anti-Corruption Academy. Under the ninth article, the investigations, legal, prevention, and administration and finance departments report to the first deputy.
Each department matters for a particular kind of file: investigations carries out inquiries and investigation; legal represents the Commission before the courts and follows cases; prevention follows disclosure statements and examines growth in wealth; and recovery pursues accused persons and funds abroad. The last is covered on recovering corruption proceeds.
Limits on the Commission's work
The law gives the Commission wide powers but also sets limits:
- Judicial supervision: the Commission investigates under the supervision of the investigative judge and uses investigative tools and summonses only by the judge's decision, under article 12. See the investigation route in integrity cases.
- No interference in administration: the second paragraph of article 15 requires the Commission not to interfere in the work of ministries and official institutions, to respect the powers of their leaders and staff, and to have its investigators act separately without adversely affecting technical work.
- Scope of a corruption case: its investigative jurisdiction is confined to the offences defined in the first article.
In return, the first paragraph of article 15 requires all state bodies to provide the Commission with the documents and information it requests about a case and to cooperate with it.
Legal basis and sources
- Constitution of the Republic of Iraq 2005, article 102 (Official Gazette, issue 4012 of 28/12/2005)
- Integrity Commission Law No. 30 of 2011, articles 2 to 11 and 15 (Official Gazette, issue 4217 of 14/11/2011)
- First Amendment to the Integrity Commission Law, Law No. 30 of 2019 (Official Gazette, issue 4568 of 23/12/2019)
Frequently asked questions
Is the Integrity Commission part of the government?
No. It is an independent body subject to oversight by the Council of Representatives under article 102 of the Constitution, although the Council of Ministers proposes its head.
Can the Commission halt a department's work during an investigation?
Article 15 requires it not to interfere in ministries' work and to respect their leaders' powers.
Does the Commission investigate in the Kurdistan Region?
The fourth paragraph of article 11 provides for coordination with integrity bodies in the regions, and article 16 provides for coordination with the Region's integrity body for officeholders there. Disclosure is covered on the financial disclosure form.
Related topics and articles
- 01The investigation route in integrity cases: the Commission, the investigative judge and the public prosecutionHow corruption cases are investigated: Integrity Commission investigators under the investigative judge's supervision, the priority of the Commission's jurisdiction, notice to its legal department, requests to take over a case, and the judge's decisions after investigation, under the Commission's law and the Criminal Procedure Law.
- 02The financial disclosure form: who must file and whenWho must file a financial disclosure statement under Iraq's Integrity Commission and Illicit Gain Law No. 30 of 2011 as amended, the ninety-day and January deadlines, answering observations within sixty days, salary suspension, and confidentiality.
- 03Recovering corruption proceeds: the recovery department, the Iraq Funds Recovery Fund and return of illicit gainThe legal tools for recovering corruption proceeds: the Integrity Commission's recovery department, court orders to return the value of illicit gain even after death, and the Iraq Funds Recovery Fund established by Law No. 9 of 2012 and its time scope.
- 04Illicit gain in Iraqi law: definition, proof and penaltyThe definition of illicit gain in the seventh paragraph of article 1 of Iraq's Integrity Commission and Illicit Gain Law No. 30 of 2011 as amended, when a file opens, the ninety days to prove sources, and the penalties and return of value in article 19.
- 05Reporting a corruption offence: where to go and what happens nextReporting corruption offences under articles 1, 47, 48 and 49 of Iraq's Criminal Procedure Law No. 23 of 1971, keeping the reporter's identity confidential, an official's duty to report, and the Integrity Commission head's power to shelve reports under article 13 of its law.