Why corrupt Kurdish politicians don’t land in jail in Iraqi Kurdistan

Araz Barwari | Exclusive to Ekurd.net

The famous saying of Dr Thomas Fuller “Be you ever so high, the law is above you” remains one of those brilliant and historical saying which will continue to echo through legal history for as long as the rule of law endures. The statement means that no one should be above the law, and that the law should apply to everyone equally, no matter if they are aristocrats, Kings, tribal chiefs, presidents, prime ministers, minsters, police and judges or leaders favored by birth, or political party members favored by their service to their ideology or clerics who apply laws they say are handed down by God. However, there have been and there still are plenty of systems around the world where some are more equal than others.

Kurdistan of Iraq remains one of the places where law is not applied equally to all people regardless of their social status, wealth, and government ranks. The ruling authorities particularly politicians from Kurdistan Democratic Party (KDP) and Patriotic Union of Kurdistan (PUK) who find themselves with the privileged position always argue that their special status in the society and government institutions is for prioritizing the interests of people and working for the general good but it is not true or else the rate of unemployment and poverty would not be high, neither the public services and infrastructure would be so poor in Kurdistan of Iraq.

Since the first day of the establishment of Kurdistan regional government KRG, these two political parties, KDP and PUK of Kurdistan, have always been in charge of the law and power. They control the system and everything is in their favor works, the laws, and enforcement of the laws, the legislations, and the regulations. During their rule and control of the Kurdistan regional government institutions for the past sixteen years, rule of law was not upheld, supported and implemented equally and meaningfully, democratic institutions were not strengthened and as a result the government power were abused by those who have been in charge of the KRG government agencies.

Their internal and external policies were made and prepared not on the basis of national interest but rather mostly on the bases of personal interest or political party and foreign interest. They have basically misused the KRG government machinery to secure financial and economic interest for their own political party members and to win election, and to serve the interests of foreigners. This situation has led to increase of corruption activities in the government of Kurdistan of Iraq and as a result most members of KDP and PUK became multimillionaires within a short period of time in Kurdistan of Iraq.

When it comes to crimes and punishment, it is a proven fact that money combined with power provides many avenues of evasion and escape. While politicians of political parties of KDP and PUK have been protected by immunity laws, their protection is used and abused for personal interests through using either personal power or the resources of the party affiliation of government administrators. Since they themselves are law makers, and law enforcers, they don’t allow or pass the ordinance that will probate any legal cases against them. Consequently, the situation paved the way for them to easily do corruption and other political crimes ranging from election fraud, accepting bribes and antisocial or anti-national actions, personal profiteering from government schemes, political and journalist murders, and suppression of free press.

Now, the case is not that evidences cannot be obtained or there have been no evidence at all to prove that politicians of KDP and PUK have misused their power, committed crimes including human right abuse and involvement in corruption within the KRG agencies past ten fifteen years. But the problem is the rule of law and its implementation is weak in Kurdistan of Iraq. Also obtaining evidences and filing corruption cases against them, proving those cases in the court of law, nabbing and sending them to jail as well, is not only complicated with all those layers of protection and money and supporters they have, but also needs someone serious and courageous enough to head an anti-corruption committee that have national and international support and all the resources needed to pursue it.

It will certainly not be an easy task to do while politicians of KDP and PUK political parties politicians, particularly the Barzani and Talibani families, have planted their roots deep into our socio-political system in Kurdistan of Iraq. Their sphere of influence doesn’t only span local supporters, media, journalists, but different intellectuals, liberals, bureaucrats, foreign diplomats and super rich businessmen as well. In addition to that, due to the global connections the Barzani and Talabani families have a strong foothold with international diplomats, journalists, social media owners, arm brokers, spies agents, looting public funds and getting away with it is an easy task for them because they already have their support from foreign governments and in bureaucracy, judiciary, law enforcement and in every lower office in the government of Iraqi Kurdistan as well.

When they have built such a strong social, political, economic and financial networks and foundations of supporters and allies internally and externally how can a single man judge or a police officer arrests them and sends them to jail? Even if the evidences are obtained against them to prove them guilty, they have the power and enough resources to turn the table around because they control judiciary and interior ministries and they can easily tamper with evidences obtained against them through the authorities they have appointed in their ministries. In fact, when you control a ministry like interior or judiciary it is not hard to play and alter files and papers, or damage them because sympathizers and corrupt bureaucrats and ministries belong to their own political parties, can easily destroy vital information and evidences obtained by independent investigators or the police and courts.

In criminal cases like scams and money laundering, only documents are the evidences, so it is very easy for those in power to destroy the documents or misplace them. Money and power also can undoubtedly influence the process of the investigation of corruption which works to curry favor with law enforcement, judges, politicians, other rich people, media, and other players in the game. So, even if an arrest warrant is issued against such powerful rich politicians, their business partners and allies will provide support and resources they need enabling the subject to escape the punishment. And not to mention the tendency of many Kurdish people to sympathize with those who are corrupt if arrested is very common in Kurdistan.

Furthermore, investigating, security and judiciary agencies are not independent in Kurdistan of Iraq. They have been politicized and controlled by the same KDP and PUK politicians. So they do not go beyond a point and they can intentionally keep loopholes for escaping punishments. In fact the small Kurdish political parties such as the change movement (Goran), Kurdistan Islamic Union (Yegrtu Islami), and Islamic movement (Komale Islamic) have reached to a solid conclusion that since the rule of law can’t prevail over the rule of the two Barzani and Talabani families who control political parties of KDP and PUK and the government institutions of Kurdistan, and since the judiciary system of Kurdistan is not independent and effective enough to protect the rights of minorities from the dictatorship of the majority, they are pushing to get more positions in the powerful government ministries with the same ruling political parties of KDP and PUK. They see it as the only way to be able to protect their rights from the dictatorship of the majority of these two political parties. They want to secure some protection for themselves through the percentage of power they would gain in the executive branch of the next government of Kurdistan. And this situation has become the main reason for the delay of forming the new Kurdistan regional government.

There is a threat of foreign forces also, who dominate Kurdish politics through Multinational companies from USA, Iran and Turkey, by using every weapon to influence the bureaucrats, media, judiciary and political leaders of Iraqi Kurdistan political parties. The parties and politicians of KDP and PUK with the backing of such forces have become powerful in Kurdistan of Iraq that small political parties of Kurdistan cannot hold them accountable for their wrongdoings. The indirect involvement of foreign forces within the institutions of the KRG can also be a threat to the national interest, and democracy in Kurdistan of Iraq.

Although, I am confident that if the case of corruption within the KRG government is handled and investigated by an international anti-corruption agency it will certainly make a difference and would expose all the corrupt government officials of KRG government because International corrupt agencies are more sophisticated and powerful in investigating corruption cases around the globe than internal corruption agencies of Kurdistan of Iraq. They can track down the financial transactions and bank accounts of the politicians of Iraqi Kurdistan globally. They can do inventory and gather statistics about the wealth, assets and property owned by these politicians inside and outside Iraq. They can find out how much money has been laundered abroad by these politicians.

However, sometimes the task of international anti-agencies is not easy in opening investigations to corruption cases of high profiles individuals due to the pressure and influence of powerful companies and rich individuals exerted on the agency through the governments such as US and EU Russia and China. It depends who and which government the agency is investigating corruption cases against and which countries interests will be at stake if the subject of the corruption exposed. In the case of Iraqi Kurdistan if an intentional agencies open an investigation of corruption against Kurdish politicians and the result leads to the exposure of the KDP and PUK politicians for being corrupted, it will hurt the interests of American, Turkish and Iranian companies in Iraqi Kurdistan because most of the lucrative and generous contracts have been given by KDP and PUK minsters to these forging companies operating in Kurdistan of Iraq. And those Kurdish politicians have stakes in those companies and they are the one who have made profitable business, favorable and easy regulations for those companies doing business inside Kurdistan of Iraq.

As for the children of these corrupt Kurdish politicians particularly the children of Barzani and Talabani families. They are certainly not perfect neither are angles of God. They might have broken law in one way or the other but since their parents and families are VPI people in Kurdistan, police are rarely called to their neighborhoods, and rarely ‘stop and frisk their kids. A lot of crimes for which other people might be punished for such as murder, drug possession, underage drinking, and sexual misconduct, can be fairly easily swept under the rug if the children of politicians commit it. And anyone who complains against the children of these rich and powerful politicians particularly the children of the two most powerful and the richest families in Kurdistan the Barzani and Talibani family, can be bribed, bullied or threatened, and will rarely go to the police.

Even if the criminal misconduct of their children does actually reach the ears of the police, then there’s the question of influence.  In reality, police departments, prosecutors’ offices and courts have all been under the control of their politicians parents the Barzani and Talibani Families. Those people in the ministries of interior and judiciary are all put in their positions by the political parties of KDP and PUK which are run under the command of the parents of these children (Barzani and Talibani) and paid by the government.  And clearly people who have a lot of influence in the government can prod the system, in ways that are both subtle and overt, to make things go their way. This means power and money provides the children of these two rich and powerful families and give them the ability to reach out to resources that the common person doesn’t have access to in Kurdistan of Iraq.

It’s common that most of the children of politicians do their dirty business in locations where law enforcement cannot get to them and where there are few or if any witnesses. Whether it is their high rise condo, their mansion or in a gated community. The children of politicians rarely do things that will get them arrested in public. When they do they use and misuse the political power and influence of their parents within the government agencies to get away with crimes. If that influence is insufficient, and criminal charges are pursued, wealth and power of parents will allow them to look at every aspect of the system and find other ways to influence it and save their children from being sent to jail.

For example, if they can “settle out of court” with victims, they’re much less likely to push for harsh sentences.  They can pay for drug rehab, therapy, house arrest, and all the other heavy costs of a lighter sentence.  Imagine if a politician come into court with an Imam, a priest, a psychologist and city councilman, all swearing that their children are outstanding citizens who made a small mistake, with high-powered lawyers figuring out exactly what the judge wants to hear, they are going to be in much easier circumstances.

It is a fact that politicians and their children usually tend to be surrounded with people in who’s best interest it is not to get them in trouble. So crimes can be committed without obvious victims, from financial crimes to insider trading to drug use to prostitution, tend to never get anywhere near the eyes of the police. Even if there is an obvious victim, the wealthy children of these rich and powerful families ( Brazani and Talibani) can usually pay them off to avoid charges, and never see the inside of a courtroom.

In the unlikely event that if their crimes do end up with an arrest, the children of wealthy and powerful politicians can buy very skilled attorneys who can squeeze them through the door of reasonable doubt. It would have to be incredibly obvious that they were guilty for them to be convicted.  And even then, they’ll either plead insanity or negotiate for a lighter sentence. Which is why public don’t hear no millionaire politician or his children has ever been executed in Kurdistan of Iraq. What that all adds up to is the fact that children of rich and powerful politicians particularly the children of the Barzani and Talabani families are far less likely to be caught for any given crime, far less likely to be aggressively prosecuted if they are charged, and far less likely to actually go to jail even if they are convicted.  Money buys influence. If rule of law is not superior over the rule of political power and wealth, the children of the insanely powerful and wealthy families like Brazani or Talebani will usually be able to escape equal punishment.

Under the circumstances, I believe it is highly unlikely that corrupt politicians and the children of these two Kurdish political parties KDP and PUK and their leaders will be tried in court and jailed for all kind of crimes including corruption. Because I believe that our politicians and justice system are not serious about stamping out corruption and because I believe that our investigating agencies, law enforcement and judiciary does not have the teeth and independency to punish the guilty.

The bottom line is lack of rule of law and the implementation of law is what makes these corrupt politicians get away with crimes they have committed past sixteen years in Kurdistan of Iraq. So the problem does not totally and only lie in making or lacking of tough laws against corruption and other crimes but lack of proper enforcement and implementation has handicapped it. And it’s we, the citizens of Kurdistan who will have to bear the financial loss of every scam of these politicians.

The head of the government, if not corrupt, should have kept and keep an account of all the KRG government administrators, on their income, savings, and expenditure since the first day of his office work. There is no reason to believe, that the luxurious life and huge wealth of these politicians are all the result of their legal hard work. It would also be great if the criminal justice system of Kurdistan were a fully dispassionate system run purely by the facts of each case of corruption. And if public, police, government, judiciary and international support take collective effort together it will certainly help to land corrupt politicians of Kurdistan in Jail. Not only two hands must clap, all hands must join together.

Araz Barwari is a law student at the University of Nawroz in Kurdistan of Iraq.

The opinions are those of the writer and do not necessarily represent the views of Ekurd.net or its editors.

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