Legal Precedent and Historic Achievement in Modern Iraqi Judiciary: A Victory for Sama Hammurabi International Law Firm
In a significant legal milestone, Sama Hammurabi International Law Firm achieved a historic ruling in favor of an Iraqi Christian citizen whose property was forcibly taken by Uday Saddam Hussein in 2001. This landmark decision, issued by the Federal Court of Cassation (General Panel), introduced a new judicial principle, setting a legal precedent in Iraq.
Since 1971, under the Real Estate Registration Law, challenges to property transactions could only be made in cases of forgery, as per Article 10 of Law No. 43 of 1971. However, this new ruling breaks from the long-standing practice that had deprived many displaced Jewish, Christian, Yazidi, and Iraqi citizens of their property rights. The ruling allows for the annulment of property registration in cases of coercion or forced seizure, representing a significant shift in how property registration disputes are handled under illegal circumstances.
This decision strengthens civil rights and reinforces the principles of justice, especially in cases involving coercion or exploitation. It marks a turning point in the protection of property rights in Iraq and offers hope for those who have suffered under similar conditions in the past.