Compensation for those injured in terrorist operations: who hears the claim, and what is examined?
Injury compensation under Law No. 20 of 2009: claims usually go to the sub-committee, which examines the incident link and the medical report.
Read →A claim for compensation after an injury in a terrorist operation
Documents required in a compensation file
In briefThe application is filed with supporting documents before the subcommittee. The Instructions set out the documents for a missing or kidnapped person, what is sent to the National Pension Authority after the decision, and what is attached to the paper pension file. The tables below are for documents only. Subcommittees request confirmation that documents were duly issued.
Article 6 of the law after the First Amendment requires applications by those harmed, or their families, to be accompanied by supporting documents. The text does not contain a single list that covers every incident; injury, martyrdom, disappearance and property are not prepared with the same bundle. The tables below gather what Instructions No. 4 of 2018 state, and what is usually required to prove standing and harm, without inventing a document the text does not mention. Subcommittees request confirmation that the documents were duly issued.
Table: a missing or kidnapped person’s file (Article 2 of the Instructions)
| Document | Notes |
|---|---|
| A certified copy of the investigative papers | Drawn up by the police station |
| A copy of the announcement of the disappearance or kidnapping | Issued by the Personal Status Court, or the Personal Matters Court for non-Muslims |
| The deed of absence and appointment of a guardian | See the page on the deed of absence |
| A letter confirming a file at the Department for the Care of Minors | Confirms that the special file has been opened |
| Confirmation of non-departure through border crossings | Including crossings in the Kurdistan Region, through the Directorate of Civil Status, Passports and Residence |
Table: what the subcommittee sends to the National Pension Authority after the decision (Article 4(1))
| Item | Notes |
|---|---|
| The four-part name and the surname, if any | Within the electronic programme adopted by the Authority |
| Date and place of birth | |
| The mother’s three-part name | |
| Date and place of martyrdom, injury, disappearance or kidnapping | With the investigation papers drawn up by the police station |
| Number and date of the subcommittee decision | |
| Information on the missing or kidnapped person | If the incident is a disappearance or kidnapping |
| The legal inheritance deed or a certified copy | |
| The death certificate | |
| A copy of the deed of guardianship or of guardianship over property | If there is a minor or a person of like status |
Table: paper attachments to the pension file (Article 4(2))
| Document | Notes |
|---|---|
| Identity documents of the covered person and the beneficiaries | The civil-status identity card or what stands in its place |
| The death certificate or a copy of the death entry | |
| The legal inheritance deed or a certified copy | |
| A deed of guardianship or of guardianship over property, and of absence | If there is a minor or a person of like status, or a certified photocopy |
| A certified copy of a guarantee by an employee or a pensioner | For four years, as stated in the Instructions |
In an injury, the report of the competent medical committee and the disability rating are added. In a property file, title deeds and what proves the damage are added, in line with the Ministry of Finance’s bases. The four-year guarantee by an employee or a pensioner forms part of the paper attachments to the pension file under the text, and an informal statement does not replace official investigative papers. Confirmation of due issue is part of the committee’s work, and delay in it delays the decision, which is counted from the date of a complete application. The full sequence of steps is in Steps in a compensation file.
Legal basis and sources
- Instructions No. 4 of 2018 — Articles 2 and 4
- Article 6 after the First Amendment
- Law No. 57 of 2015 — Article 6
- Law No. 2 of 2020 — paragraph Ninth of Article 6
Frequently asked questions
Is an uncertified copy of the legal inheritance deed enough?
An uncertified copy is not enough; Article 4 of the Instructions requires the legal inheritance deed itself or a certified copy of it both in what is sent to the National Pension Authority and in the paper attachments to the pension file.
Who requests confirmation of due issue?
The subcommittees request confirmation of due issue of the submitted documents from the issuing bodies, under Article 4(3) of the Instructions.
What if the investigative papers could not be completed?
See Investigative papers and Article 6(9) of the law after the 2020 amendment.
Related topics and articles
- 01Steps in a file for compensation of those harmed by terrorist and war operationsA compensation file starts with a complete application to the subcommittee, then a decision or recommendation, objection or ratification, and payment.
- 02The deed of absence of a missing or kidnapped person in a compensation fileA deed of absence and appointment of a guardian is a document in a missing or kidnapped person’s file, issued by the Personal Status Court.
- 03Investigative papers in deaths covered by the compensation lawLaw 2 of 2020 requires the bodies concerned to facilitate investigative papers in deaths the family could not complete for reasons beyond their control.
- 04Medical report and disability percentage in a terrorism injury compensation fileHow the medical committee sets the disability percentage for terrorism injuries in Iraq, how it shapes entitlement, and the five-yearly re-examination.
- 05The compensation sub-committee and the Central Committee: who decides what?The governorate compensation sub-committee, the Central Committee in Baghdad and ministry committees under Iraq's Law No. 20 of 2009.
Injury worsened after the decision: what are the options?
Injured in a terrorist operation and the injury worsened after the compensation decision? When to request reconsideration and what papers it takes.
Read →Practical scenarios in compensation files
General practical scenarios under Law 20 of 2009, as amended: missing documents, a deed of death, a timely objection, a transfer, and payment priority.
Read →