Abstract

The Constitution of the Republic of Iraq issued in 2005 has guaranteed the right to travel and move inside or outside Iraq. No one may deny this right, but this general constitutional rule has an exception, it is not absolute in cases where persons are wanted to stand before courts. They may be sued by others under the civil action, or have committed criminal acts and escaped from to justice under the criminal action. Accordingly, this requires not to travel to ensure that they are complied with as required by law as a precautionary procedure. This is to ensure that the defendant of the civil or criminal case is not going to escape. This prohibition of travel must be balanced between the restrictions on freedom of movement and the non-violation of public freedoms guaranteed by the Constitution and the law. The prohibition of travel must be based on a text in the law and issued by a competent authority to prevent infringements of freedoms. In addition to remove the damage caused by the wrong decision to prevent travel, which this research is about to reveal .