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A claim for compensation after an injury in a terrorist operation

Steps in a file for compensation of those harmed by terrorist and war operations

In briefThe practical steps are: gathering documents, filing with the subcommittee, waiting for a decision on injury, martyrdom or disappearance within sixty days of a complete application — or raising a property recommendation for ratification — then objecting within sixty days if needed, then challenging before the Administrative Judiciary Court and the Supreme Administrative Court within thirty days at each stage, then following payment.

Anyone asking “what are the steps in a compensation file?” wants an ordered path, not a fresh commentary on every article. The sequence below is to be read with the pages on documents, time limits and payment. The committees’ time limits are those set in the law and the instructions in force.

Step 1: Identify the incident and the filing body

The type of harm is identified first: martyrdom, disappearance, kidnapping or injury, or damage to property, or more than one of these together. Those covered are every Iraqi natural or legal person harmed by war operations, military errors or terrorist operations, and the wounded of the Popular Mobilization Forces and the Peshmerga, under Article 1 after the First Amendment. Then where to file is determined: the subcommittee in the governorate, Baghdad or the Region, or the ministry committee if the employment path applies.

Step 2: Gather the documents

An incomplete application should not be filed and then left to complete itself without follow-up. The list of required documents differs as between injury, martyrdom, disappearance and property. In cases of disappearance or kidnapping, a deed of absence appears, together with investigative papers and a judicial announcement. In a death, the investigative papers that the law requires to be facilitated if the family could not complete them for reasons beyond their control may be required. In an injury, the medical report and the disability rating of the competent medical committee are attached.

Step 3: File the application and follow the subcommittee’s decision

The application is filed with the supporting documents. The committee audits the file and assesses the harm. In cases of martyrdom, disappearance, kidnapping, injury and Popular Mobilization wounded, it issues the compensation decision within a period not exceeding sixty days from the date a legally complete application is filed. Property-compensation recommendations are raised to the central committee within thirty days of their issue for ratification, subject to the ratification route before the presidency of the Court of Appeal for some decisions under Article 13 of Law No. 2 of 2020. A receipt or any notice of the filing date should be kept; the sixty-day period is counted from that date if the application was complete.

Step 4: Notification and objection

After the decision or recommendation is issued, the date of notification is confirmed. An objection to the central committee is within sixty days from the day after the date of notification, under Article 7(1) after the 2020 amendment, and may rest on new documents. Those who may object include the injured person, their family, the Ministry of Finance, the Martyrs Foundation, the National Pension Authority (Hay’at al-Taqa‘ud al-Wataniyya) or any person with an interest. The last day of the period should not be left. If the objection is missed, a later route that was still open may close.

Step 5: A judicial challenge if needed

A person harmed by a central-committee decision may challenge it before the Administrative Judiciary Court within thirty days from notification of the result of the decision, and then before the Supreme Administrative Court within thirty days from notification of the judgment or from its being deemed notified, under Article 7(2) after Law No. 57 of 2015. Care is taken in counting “after thirty days”, and the challenge is filed early. Details are in time limits and objection.

Step 6: Follow payment after a final decision

The Ministry of Finance, through the governorate, pays compensation amounts under the decisions issued, having regard to priority by the date of issue and priority for cases of martyrdom, under Article 16 of Law No. 2 of 2020. A salary or grant that passes through the National Pension Authority follows the path of sending the decision to the Directorate of Martyrs of Victims and then to the Authority, as in Instructions No. 4 of 2018. The path “from recommendation to payment” is in a separate article. The amount paid is that fixed by the decision issued under the text.

Legal basis and sources

  1. Article 6 after Law 57 of 2015
  2. Articles 7 and 16 after Law 2 of 2020
  3. Law No. 57 of 2015 — Article 6
  4. Law No. 2 of 2020 — Articles 7 and 16
  5. Instructions No. 4 of 2018

Frequently asked questions

When does the subcommittee’s sixty-day period start?

From the date a legally complete application is filed, in cases of martyrdom, disappearance, kidnapping, injury and Popular Mobilization wounded.

Are the steps for property the same as those for injury?

Not entirely. A property recommendation is raised for ratification, and some decisions may pass through the presidency of the Court of Appeal, then payment follows Article 16.

What happens after a decision if no objection is filed?

Payment is followed according to the Ministry of Finance’s priority, or the pension file is completed through the National Pension Authority if the decision is of that kind.

Always check the text in force and its amendments in the official source.

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