The Board of Grievances clarified that the
inadmissibility of an enforcement request due to the expiry of statutory time
limits does not result in the forfeiture of rights or the extinguishment of
obligations. It further affirmed that such inadmissibility does not affect the
underlying right or its establishment, nor does it prevent holding the
responsible party accountable.
Today, the Board published a detailed interpretation of Article (9) under
Chapter One of Part Two of the Enforcement Law Before the Board of Grievances.
The article stipulates that the inadmissibility of an enforcement request due
to the expiry of the periods specified in Article (8) of the Law does not lead
to the extinguishment of the obligation, nor does it preclude the application
of the provisions set forth in Part Four of the Law.
The published interpretation further explained that a ruling declaring an
enforcement request inadmissible due to the expiry of the period prescribed
under Article (8) of the Enforcement Law Before the Board of Grievances does
not result in the forfeiture or extinguishment of the obligation. Article (8)
of the same Law provides that the claimant must demand the right within a
period not exceeding ten years from the date the right arose, and file the
enforcement claim within thirty days from the date of the demand, or within
five days where the enforcement sought concerns an urgent judgment.
Referring further to the Board’s interpretation of Article (9), the ruling of
inadmissibility due to the expiry of the statutory period does not affect the
underlying right or prejudice its establishment. Moreover, the inadmissibility
of the enforcement request does not prevent the application of the provisions
contained in Part Four of the Enforcement Law Before the Board of Grievances,
including sanctions against any public official who commits or participates in
abuse of authority or intentionally refrains from enforcing enforceable
instruments with the intent of obstructing enforcement.
It is noteworthy that the Enforcement Law Before the Board of Grievances
classifies such acts as major corruption offenses warranting detention.