Admissibility and probative value of Audio and Video Recording as Evidence Before the Administrative Judiciary

Authors

  • Researcher. Duaa Salim Qand faculty of Law-Imam Al-Kadhim Colleag (peace be upon him) For Islamic Sciences Author
  • Pro Dr. Mukhlis Mahmoud Hussein faculty of Law-Imam Al-Kadhim Colleag (peace be upon him) For Islamic Sciences Author

DOI:

https://doi.org/10.64184/ajlps.V3.I2.Y2026.46-71.310

Keywords:

proof,administrative judiciary,sound recording, video recording.

Abstract

Proof constitutes a cornerstone in the administration of justice, as the absence of evidentiary support renders a right unenforceable and deprives its holder of effective judicial protection. The rapid development of modern life and the emergence of contemporary technologies—which have challenged various fields, including public administration and its relationship with its employees and individuals—have led to the emergence of numerous situations that were not previously anticipated, and for which the legislator did not possess a clear and precise vision of the outcomes of such development. Among these situations is the use of audio and Video Recording of proof in administrative disputes. Individuals, employees, and even the administration itself have come to rely on such technologies to substantiate their rights, which may be impossible or difficult to prove through traditional means on the one hand; and on the other hand, the ease of use and widespread availability of technological means have resulted in their frequent use and growing reliance as instruments for proving rights.

References

Sources and References

First: Books

1. Abdel Amir, Ali Hassan. (2019). General Principles in Law and Administrative Justice. Arab Center for Publishing and Distribution.

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Second: Research & Journal Articles

1. Al-Ani, Hala Mahmoud Hamid. (n.d.). The Crime of Voice Recording and Monitoring or Wiretapping Telephone Conversations. Al-Majalla al-Qanuniyya (The Legal Journal): A Specialized Journal in Legal Studies and Research.

2. Al-Desouki, Saadiya Fathallah. (2024). A Jurisprudential Study on the Admissibility of Voice Recording as a Modern Method of Evidence. Al-Azhar University Journal, First Issue, No. 39.

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1. Jassim, Hussein Salem. (2024). Burden of Proof in Administrative Lawsuits: A Comparative Study (Master’s Thesis, College of Law, University of Kufa).

2. Mahmoud, Atheer Hamid. (2022). Scientific Development and its Impact on Civil Evidence Means (Master’s Thesis, College of Law, University of Baghdad).

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Fourth: Legislations

1. Egyptian State Council Law No. 47 of 1972, as amended.

2. Emirati Copyright and Neighboring Rights Law, Law No. 38 of 2021.

3. French Penal Code No. 92 of 1992, as amended.

4. Iraqi Civil Procedure Code No. 23 of 1971, as amended.

5. Iraqi Evidence Law No. 107 of 1979, as amended.

6. Iraqi State Council Law No. 65 of 1979, as amended.

7. Lebanese Civil Procedure Code No. 90 of 1983, as amended.

Fifth: Judicial Rulings

1. Iraqi Judicial Rulings

1. Supreme Administrative Court, Decision No. 3716/ Employee Justice/ Cassation/ 2024, issued on May 14, 2025 (Unpublished decision).

2. Supreme Administrative Court, Decision No. 3758/ Employee Justice/ Cassation/ 2024, issued on February 19, 2025 (Unpublished decision).

2. French Judicial Rulings

1- Administrative Court of Appeal of Marseille, No. 19MA04107, March 21, 2021. French Official Gazette. Retrieved from: www.legifrance.gouv.fr (Accessed: Oct 29, 2025).

2- Administrative Court of Paris - Second Chamber, No. 2110196, May 13, 2023. Retrieved from: pappers.fr (Accessed: Sept 17, 2025).

3- French Council of State (Conseil d'État) - Fourth Chamber, No. 424593, June 21, 2019. Retrieved from: legifrance.gouv.fr (Accessed: Sept 17, 2025).

3. Egyptian Judicial Rulings

1- Supreme Administrative Court, Appeal No. 13106 of Year 65 Q, Jan 16, 2021. Egyptian Judicial Rulings Portal: https://emj-eg.com/ (Accessed: Sept 5, 2025).

2- Supreme Administrative Court, Appeal No. 23187 of Year 60 Q, June 13, 2020. Egyptian Judicial Rulings Portal: https://emj-eg.com/ (Accessed: Sept 5, 2025).

3- Supreme Administrative Court, Appeal No. 36475 of Year 65 Q, Nov 21, 2020. Egyptian Judicial Rulings Portal: https://emj-eg.com/ (Accessed: Sept 5, 2025).

4- Supreme Administrative Court, Appeal No. 56150 of Year 69 Q, April 30, 2023. Egyptian Judicial Rulings Portal: https://emj-eg.com/ (Accessed: Sept 5, 2025).

Sixth: Websites

1. Wikipedia. (n.d.). Visual Recording (Video Recording). Retrieved from: https://ar.wikipedia.org (Accessed: Nov 2, 2025).

Seventh: Personal Interviews

1. Ghallan, Othman Salman. (Sept 25, 2025). Personal interview conducted by the researcher, State Council Headquarters, 8:40 AM.

2. Radi, Mazen Lilo. (Dec 21, 2025). Personal interview conducted by the researcher, State Council Headquarters, 10:00 AM.

Downloads

Published

2026-06-01

How to Cite

Admissibility and probative value of Audio and Video Recording as Evidence Before the Administrative Judiciary. (2026). Ashur Journal of Legal and Political Sciences Is Issued by the Iraqi Association of Legal Sciences, 3(2), 46-71. https://doi.org/10.64184/ajlps.V3.I2.Y2026.46-71.310

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