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Iraq declares state of emergency

by sources
The Iraqi interim government declares a state of emergency for 60 days because of escalating violence.
Official spokesman Thaer Naqib said the emergency would cover the whole of Iraq except Kurdish-run areas in the north.

He said the move came in response to mass killings and destruction of the country's infrastructure carried out by "criminals and terrorists".

He said the violence was part of a plot to derail the interim Iraq government's progress towards January's elections.

In the latest violence, Iraqi insurgents stormed a police station in the western province of al-Anbar, disarmed 21 officers and shot them dead.

Fighting at the Haditha police station, 200km (120 miles) west of Baghdad, lasted about 90 minutes, sources say, as the building was attacked with rocket-propelled grenades and mortars.

In other violence on Sunday:

* Another six policemen were shot dead in a similar attack in the neighbouring town of Haqlaniya

* Two British soldiers from the Black Watch battle group stationed at Camp Dogwood, 20 miles (32km) from Baghdad, were seriously injured in a suicide attack

* Three Iraqi officials from Diyala province were killed on their way to the funeral of a colleague

* One US soldier was killed and four others wounded in a car bomb attack in western Baghdad, the US military said

* Another car bomb went off in Baghdad outside the house of Finance Minister Adel Abdul Mahdi. The minister was not at home at the time, but one of his guards was killed.

On Saturday, more than 30 people were killed in another rebel stronghold, Samarra, which US forces only recently declared they had regained control of.

Curfew

It is not clear at this stage what the state of emergency will mean in practice.

Interim Prime Minister Iyad Allawi is due to give full details on Monday.

However, the BBC's Alastair Leithead in Baghdad says it could include a curfew and extra powers for the police and military.

The insurgents' offensive is seen as a response to a planned assault by US troops on their stronghold of Falluja.

American and Iraqi forces are continuing preparations for the attack, amid reports that more than 100 insurgents have volunteered to drive suicide car bombs into the advancing troops.

There has been artillery fire on positions inside the city, with American aircraft heard almost continuously overhead.

As well as the risk of suicide attacks, US commanders said they expected resistance to an offensive to include car bombs and even crude chemical weapons.

Mr Allawi still hopes to avoid a US-led attack on Falluja, but feels he cannot wait much longer, his spokesman said on Sunday.

"He still hopes that it may be possible to avoid a major military confrontation in Falluja and is now - together with his ministerial colleagues - engaged in a last-ditch effort to see if a peaceful solution can be found," Thaer Naqib was quoted as saying by Reuters news agency.

The BBC's Paul Wood, embedded with the US Marines, says they believe that Falluja will be their biggest engagement since Hue, the Vietnamese city they captured in 1968, losing 142 men and killing thousands of the enemy.

It is reported from inside Falluja that insurgents, tribal chiefs and Sunni Muslim clerics have invited the media to enter the city under their protection to witness any assault, which they described as a crusade against Islam.

http://news.bbc.co.uk/2/hi/middle_east/3990141.stm

Iraq's interim government declared a state of emergency for 60 days, the spokesman for interim Prime Minister Iyad Allawi has said.

The state of emergency, which applies to all of Iraq except the Kurdish north, is based on the National Safety Law passed in July after the formal end of the US-led occupation.

The powers the law gives the government are explained below.

How can a state of emergency be declared?

The prime minister, with support from the president and vice-presidents, can declare a state of emergency anywhere in Iraq if Iraqi lives are threatened by a persistent campaign of violence aimed at hindering the political process.

The prime minister must give reasons for declaring a state of emergency, define the areas it covers and its duration.

The state of emergency cannot extend beyond 60 days or the end of elimination of the threat, whichever comes first, but can be extended every 30 days by written declaration.

What powers does it give the prime minister?

It enables Allawi to:

Restrict the freedom of movement, assembly and use of weapons by Iraqis or foreigners suspected of crimes. Suspects can be detained and searched. Their homes and workplaces are also subject to searches.

Impose a curfew for a short and defined period in areas facing serious security threats such as explosions, unrest and large-scale armed attacks.

Cordon off and search an area if its inhabitants are suspected of possessing medium or heavy arms or explosives or harbouring outlaws.

Freeze the assets of those accused of conspiracy, fighting foreign forces, armed unrest, killings and bombings, and anyone who cooperates with them, commissions or incites their actions or offers them places to stay or gather.

Intercept, monitor and seize mail, packages, telegrams and wired and wireless communications if there is evidence they could uncover or prevent crimes.

Restrict transport by land, air and sea in specific areas
and for defined periods.

Limit the activities, monitor, suspend or disband any clubs, associations, unions, companies and offices, connected to crimes. This requires a court order.

Take security and military measures in areas where a state of emergency is declared.

Seek the help of US-led troops in Iraq during large-scale operations. In the northern Kurdish region, these measures must be implemented in coordination with the Kurdish government.

What if someone flouts the measures?

They can be jailed for up to three years or fined up to
one million dinars ($700).

What happens to suspects?

They must appear before a judge within 24 hours of arrest.

They are referred to the Central Criminal Court of Iraq.

The prime minister, with the support of the president and vice-presidents, can pardon a suspect for reasons of national interest, security or stability.

What are the restrictions on the prime minister?

The prime minister cannot abrogate, in whole or part, the Transitional Administrative Law (interim constitution).

The prime minister cannot use the law to delay elections due in the new year.

The prime minister's decisions are subject to review by the Court of Cassation. The Supreme Federal Court has the right
to abrogate them.

http://english.aljazeera.net/NR/exeres/80364D0C-5C65-42E8-89AC-BB09C86D8EEC.htm

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