...
Article 37 of the Iraqi Constitution of 2005 contains many provisions for the protection of fundamental rights and freedoms:
Article 37
...
First:
A. The liberty and dignity of man shall be protected.
B. No person may be kept in custody or investigated except according to a judicial decision.
C. All forms of psychological and physical torture and inhumane treatment are prohibited. Any confession made under force, threat, or torture shall not be relied on, and the victim shall have the right to seek compensation for material and moral damages incurred in accordance with the law.Second: The state shall guarantee protection of the indicidual from intellectual, political and religious coercion.
Third: Forced labor, slavery, slave trade, trafficking in women or children, and sex trade shall be prohibited.
Article 38 Article 38 guarantees the freedom of expression and press freedom and the freedom of assembly and peaceful demonstration:
Article 38
...
The State shall guarantee in a way that does not violate public order and morality:
First: Freedom of expression using all means.
Second: Freedom of press, printing, advertisement, media and publication.
Third: Freedom of assembly and peaceful demonstration, and this shall be regulated by law.
Article 39 Article 39 guarantees the freedom to form and join associations and political parties.
Article 39
...
First: The freedom to form and join associations and political parties shall be guaranteed, and this shall be regulated by law.
Second: It is not permissible to force any person to join any party, society, or political entity, or force him to continue his membership in it.
Article 40 Article 40 guarantees the freedom of communication.
Article 40
...
...
The freedom of communication and correspondence, postal, telegraphic, electronic and telephonic, shall be guaranteed and may not be monitored, wiretapped, or disclosed except for legal and security necessity and by a judicial decision.
Article 42 Article 42 guarantees the freedom of thought, conscience and belief.
Article 42
...
Each individual shall have the freedom of thought, conscience, and belief.
Article 44 Article 44 guarantees the freedom of movement, travel and residence of Iraqi citizens.
Article 44
...
...
First: Each Iraqi has freedom of movement, travel, and residence inside and outside Iraq.
...
Second: No Iraqi may be exiled, displaced, or deprived from returning to the homeland.
In a decision (No. 34 of November 24, 2008) the Iraqi Federal Supreme Court relied on these articles and cancelled a decision of the Iraqi Parliament which had deprived a parliamentarian of his membership because he had travelled to Israel.
...
