The Evidentiary Value of Administrative
DOI:
https://doi.org/10.35246/dxmgsw23Keywords:
Administrative Investigation, Administrative Judiciary, Evidence, Disciplinary Responsibility, ProofAbstract
This research examines the evidentiary value of administrative investigations before ordinary courts, viewing it as a connecting link between the system of institutional discipline and the system of judicial proof. The study adopts an analytical–comparative methodology: a descriptive track analyzing the legislative framework and procedural safeguards, and an applied track comparing the positions of civil and criminal courts regarding the reports of investigative committees.
The findings conclude that the administrative investigation serves as a supporting presumption that does not, by itself, amount to conclusive evidence unless the guarantees of impartiality, the right of defense, reasoning, and sound documentation are fulfilled. The research further shows that establishing a disciplinary violation does not necessarily entail civil or criminal liability, due to differences in the elements and standards of proof.
The study also indicates that procedural deficiencies—such as lack of reasoning or weak documentation—diminish the judicial weight of the investigation and necessitate supplementation through expert opinions and witness testimony. Moreover, it presents a practical framework to enhance the judicial admissibility of investigation outcomes through an evidence matrix and a digital chain of custody.
The study recommends codifying a unified national manual for investigation procedures, adopting accreditation programs for committee members, and establishing a coordination mechanism with the public prosecution and the judiciary. These proposals aim to rationalize accountability and safeguard public funds while upholding the guarantees of a fair trial.
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References
The First: Books
I. Ibn Manzur. Lisan al-Arab. Vol. 10. Dar Beirut for Printing and Publishing, 1956.
II. Al-Badeiri, Ahmed Talal Abdulhamid. Administrative Investigation and the Guarantees of Defense: A Comparative Study. 1st ed. Adnan Publishing House, Baghdad, 2014.
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V. Al-Tamimi, Hameed Hassan Kareem. Procedural Formalities in Administrative Investigation. New University House, Alexandria, 2018.
VI. Al-Zoubi, Khalid Samarah. Administrative Law and Its Applications in Jordan. 2nd ed. Dar al-Thaqafa Library for Distribution and Publishing, Amman, 1993.
VII. Al-Mulla, Khalid Mohammed Mustafa. The Competent Authority to Impose Disciplinary Sanctions on the Public Employee: A Comparative Study. Dar al-Kutub al-Qanuniyya, United Arab Emirates, 2012.
VIII. Al-Maamouri, Khalil Ibrahim. The Importance of Administrative Investigation and Its Necessity in Addressing Forms of Administrative Corruption. Lectures. Office of the Inspector General, Ministry of Municipalities and Public Works, Baghdad, 2010.
IX. Al-Shawi, Sultan. Principles of Criminal Investigation. Dar al-Hurriya for Printing and Publishing, Baghdad, 1972.
X. Al-Tamawi, Suleiman. “The Guarantees of the Civil Servant Between Theory and Application.” Journal of Administrative Sciences 1, no. 1 (April 1969).
XI. Khalifa, Abdulaziz Abdulmonem. Guarantees of Discipline in Administrative Investigation and Disciplinary Trial. Dar al-Nahda al-Arabiya, Cairo, 2000.
XII. Al-Shatnawi, Ali Khattar. A Concise Introduction to Administrative Law. Dar Wael for Publishing, Amman, 2003.
XIII. Ibrahim, Ali Khalil. The Public Employee’s Offense Subject to Discipline under Iraqi Law: A Comparative Study. Al-Sanhouri Library, Baghdad, 2002.
XIV. Jaafar, Qaisar Yahya. A Concise Explanation of Law No. (31) of 2015: A Study Supported by Practical and Judicial Applications. Central Workers Press, Baghdad, 2020.
XV. Al-Ajeeli, Lafta Hamil. Administrative Investigation in the Public Service: Procedures, Guarantees, and Its Probative Value. Al-Halabi Legal Publications, Beirut, 2015.
XVI. Al-Ajeeli, Lafta Hamil. Administrative Investigation in the Public Service. Dar al-Thaqafa for Publishing and Distribution, Amman, 2011.
XVII. Majid, General Mohammed. Explanation of Disciplinary Procedures. Manshat al-Maaref Publishing House, Alexandria, 2004.
XVIII. Abu al-Einen, Mohammed Maher. Disciplinary Judiciary in the Public Service and Disciplinary Defenses. Dar al-Nahda al-Arabiya, Cairo, 2014.
Theses and Dissertations
I. Mohammed, Mariwan Saber. The Procedural Aspects of Public Employee Discipline in Iraq. Master’s Thesis, University of Salahaddin, College of Law, Iraq,
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Third: Research Papers and Journals
II. Al-Tamawi, Suleiman. “The Guarantees of the Civil Servant Between Theory and Application.” Journal of Administrative Sciences 1, no. 1 (April 1969).
III. Al-Ajeeli, Lafta Hamil. “Administrative Investigation in the Public Service: Its Procedures, Guarantees, and Probative Value.” Journal of Legal Sciences, Dar al-Thaqafa, Amman, 2015.
IV. Hussein, Mundhir Ibrahim. Administrative Investigation and Its Role in Criminal Evidence during the Investigation and Trial Stages. Research submitted to the Iraqi Administrative Judiciary Council, Baghdad, 2011.
V. Al-Shammari, Ahmed Abdul-Zaid Hassan Al-Saddam, and Medhat Ahmed Mohammed Youssef Ghanayem. “Organization and Jurisdiction of the Administrative Judiciary in French and Egyptian Legislation: A Comparative Study.” Al-Qanun Journal, Cairo University – Faculty of Law – Khartoum Branch, vol. 6, no. 3 (2019).
Fourth: Legislation and Regulations
I. Iraq. Civil Service Law No. (24) of 1960, as amended by Law No. (10) of 2010.
II. Iraq. Discipline of State and Public Sector Employees Law No. (14) of 1991, as amended by Law No. (5) of 2008.
III. Coalition Provisional Authority. Order No. (57) of 2004, repealed pursuant to Article (1) of Law No. (24) of 2019.
Fifth: Judicial Decisions and Rulings
I. Iraqi Appellate Board, Decision No. (1331), issued on 28 September 2001.
II. Iraqi Appellate Board, Decision No. (1693), issued on 15 November 2011.
III. Iraqi Supreme Administrative Court, Decision No. (536/Administrative Judiciary/Appeal/2017), issued on 11 April 2019.
IV. Iraqi Supreme Administrative Court, Decision No. (1066/Administrative Judiciary/Appeal/2018), issued on 18 November 2018.
V. Iraqi Council of State (Shura Council). Decision No. (97/2011), issued on 16 October 2011. Baghdad: Council of State, 2011.
VI. Iraqi Council of State, Decision No. (1/2017), issued on 4 January 2017.
VII. Iraqi Federal Court of Cassation, Decision No. (7343/7221/HJ1/2012), issued on 17 June 2012.
VIII. Rusafa Criminal Court, Decision No. (10883/10885 HJ1/2012), issued on 13 December 2012.
IX. Rusafa Criminal Court, Decision No. (17087 HJ1/2012), issued on 18 November 2012.
X. Iraqi Supreme Administrative Court, Decision No. (360/Criminal/2012), issued on 3 October 2012.
XI. Iraqi Federal Court of Cassation, Decision No. (7236/HJ2/2009), issued on 8 February 2010.
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