Applications before the Political Prisoners and Martyrs foundations
The martyr's certificate and the death certificate in a Martyrs Foundation file
In briefA deed of death is issued by the Personal Status Court or the Personal Matters Court for non-Muslims. A death certificate is a health document. In everyday use, a “martyr's certificate” may mean a Foundation paper or the Medal of Martyrdom in Article 17. None of these replaces the reviewing committee's decision.
“martyr's certificate”, “a martyr's death certificate”, “a martyr's child's certificate” and “a certificate of honour for a martyr”. These phrases do not all refer to a single instrument in Martyrs Foundation Law No. 2 of 2016, as amended. A file distinguishes a death certificate issued by the health authorities, a deed of death issued by a court, a coverage decision of the Committee for Reviewing the Applications of Martyrs' Families, the Medal of Martyrdom provided for in Article 17, and any administrative letter the Foundation issues as to covered status.
Paragraph Fourth of Article 4, added by Law No. 23 of 2024, adopts a deed of death issued after 8/4/2003 by the courts, proving cases of death by judgment for persons for whom the reviewing committee has issued coverage decisions, as a case of martyrdom. The court that issues a deed of death is the Personal Status Court, or the Personal Matters Court for non-Muslims. The article refers to “the courts” without naming the court; the names used here follow the judicial organisation in Iraq for issuing such deeds.
A death certificate issued by the health authorities proves the fact of death medically or as a matter of registration. It is a usual document in the file, but it is not a judicial deed of death by judgment. A person who is absent or missing may require another judicial path before death by judgment can be relied on. That path — a deed of absence and a judgment declaring the missing person dead — is discussed in the compensation practice area where Law No. 20 of 2009 is in issue, and is distinguished from coverage by the Martyrs Foundation.
The Medal of Martyrdom and Foundation letters
Paragraph First of Article 17 creates a medal called the “Medal of Martyrdom” (Wisam al-Shahada), granted to the martyr's family by the President of the Republic. Its form, measurements, manner of conferral and privileges are to be fixed by a regulation. It is a ceremonial honour. It does not replace a coverage decision, nor a deed of death, when a salary or land is shared.
As for a “martyr's child's certificate” or a “certificate of honour” in everyday speech, the speaker may mean a Foundation letter proving status after coverage, or a later academic or ceremonial document. Its practical value depends on its resting on the committee's decision. The martyr's family identity document is another administrative paper that serves a similar role before departments, without being the decision itself.
What is filed with a coverage application?
Death and status documents
Document
Who issues it
Role in the file
Death certificate
Health institutions and the relevant registration offices
Proof of the fact of death where it exists
Deed of death
Personal Status Court, or Personal Matters Court for non-Muslims
Proof of death by judgment in the cases adopted by Article 4(4)
Coverage decision
Committee for Reviewing the Applications of Martyrs' Families
The basis for entitlement
Medal of Martyrdom
Under the regulation issued pursuant to Article 17
An honour that does not stand in place of the decision
Martyr's family ID
The Martyrs Foundation, where it issues one
A later document used to show status
Forgery, or an unlawful means of proving martyrdom, leads to withdrawal of rights under Article 9. The coverage decision remains the basis of entitlement under that article; a medal, a family identity document, or a certificate of honour is read together with the decision, not in isolation from it.
Not always. A death certificate is a health or registration document. A deed of death is a judicial instrument, and the law has adopted it for cases of death by judgment after 8/4/2003, together with a coverage decision.
What is a “martyr's certificate” in the law?
The law names the “Medal of Martyrdom”. The everyday phrase may mean a Foundation letter or an administrative paper after coverage. What counts is the committee's decision.
Who issues a deed of death?
The Personal Status Court, or the Personal Matters Court for non-Muslims.
Can a file be opened on a certificate of honour alone?
No. A certificate of honour or a medal does not, by itself, open coverage. The application rests on evidence of the facts and of kinship before the reviewing committee.