Bism Allah Alrahman Alrahem

Attention of the Governing Council and the CPA

There is a serious difficulty related to those who were expelled from Iraq to Iran in 1980s and returned back recently. Some of them had confiscated properties and alleged it belongs to them.

Back in 1970s and 1980s the tyrant regime expelled thousands of Iraqis from an Iranian background or accusing them to be so to Iran. The regime confiscated and sold their properties. These properties then sold to too many other peoples from one to another. The new owners don't know about the background of these properties because no one dare to inform about it during the previous regime.
Following the collapse of the regime hundreds of the expelled Iraqis came back from Iran and confiscated many properties claming that it belongs to them! Most of them are still living in Iran, so after they confiscated the properties they rented them &/or asked one of their relative to guard it and went back to Iran!

The GC should deal with this problem before it is getting worse and too late and should act now to prevent any unwanted outcomes.
We highly sympathize with those who had been expelled but also with those who paid their money to buy the properties and kept them in a good state instead of being demolished simply by the previous regime. The problem should not be solved by the returned individuals themselves by confiscation. It should be dealt with by a specific law first to prove the situation of the claimant and to compensate one side the value of the property which goes or stays with the other side. Other than this any one could come and claim any property he desires and take it by force.

The GC as well as the CPA should be very vigilant about clandestine agents coming from neighbor countries. The Iraqis who were expelled by Saddam to Iran and confiscated properties after their return operates outside the law especially if they are still living in Iran, a case which raise too many doubts. Their work should be reversed now until proper mechanism set out to solve these problems legally. These properties should go back immediately to the current owners. Iraqis who return from Iran and claim to have property taken by Saddam should put a proper request with verified evidence to the GC or its related ministries.

The GC is responsible to deal with this important issue immediately. There should be a compulsory law by which:
1. No one allowed confiscating any property by force at all and if he does so the local authority should use its power to stop it. If not stopped the power of the law should arrest him and he should be held responsible for his unlawful act. This should be applied retrospectively on all cases.
2. There should be a special group from lawyers and specialist in each city to deal specifically with claims. Any returned person can put his case to them.
3. Documents should be submitted from both sides
4. If the possession of the property then confirmed for the expelled person before he or she barred and the existing owner bought it from some one else then the choice will be for either side to accept money compensation according to the value of the property at the present time.
5. The money of the value should be paid instantaneously and the tenure fixed to the other party.
6. The government then should track the first owner after the expulsion of the original owner to see if he was a confiscating Baath party or security member or just another innocent person who bought it from the government. If he is a Baath or security member and the property had been given to him free after the expulsion, so benefited from its money then he should be put into a trial and should pay the price at the present time. This price then goes toward the government replacing the previous pay. This should not affect the process of dealing with the present parties i.e. the current owner and the returned claimant.

The GC should put a mechanism to enforce the law not only on the paper. The law should be made clear and delivered to the people by all the reachable media to get through to every one. The power of the law then should be applied on every one irrespective of who is he or she. Only by this the GC will be able to get the admiration of the people of Iraq and Iraq will get its place with the well civilized nations in the world.


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