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BAGHDAD (IPS) - Expressions of outrage over the conduct of the trial and the
manner of Saddam Hussein's rushed, chaotic execution are continuing
unabated here as lawyers and human rights groups voice their criticism
although some are still cautiously asking the media to withhold their
names from publication.
Iraqi and international legal experts appear in agreement that the
special court that sentenced the former Iraqi leader to the gallows was
illegally set up and failed to meet international recognized standards.
They recalled that former UN Secretary General Kofi Annan said on Sept.
16, 2004, that the invasion and occupation of Iraq violated the UN
Charter. This made the setting-up of the so-called Iraqi High Tribunal
to try Saddam illegal.
Two others sentenced to death, Barzan Ibrahim al-Tikriti, Saddam's half
brother and a former intelligence chief, and Awad Hamed al-Bandar, the
former head of Iraq's Revolutionary Court, were hanged early Monday.
Barzan was decapitated accidentally, authorities said.
The manner of the executions has added to the disquiet over the
execution of Saddam and the trial that led to it.
Throughout the lengthy trial of Saddam, many voiced suspicions that the
outcome was a foregone conclusion and had been scripted by politicians
in Baghdad and Washington.
"The verdict was prejudged by the Bush administration and its Iraqi
allies. The court was a disgusting comedy," a senior member of the Iraqi
Lawyers' Union told IPS on condition of anonymity.
"The resignation of Rezgar Muhammad Amin, the first chief judge of
Saddam's Dujail trial, provoked serious questions among lawyers in Iraq
and outside the country.
"It was clear that he resigned under pressure from the Iraqi government.
They wanted him to take the case on another course that it was going."
Amin gave personal reasons for resigning as chief judge on the Iraqi
High Tribunal in January last year, three months into the Dujail trial.
The Dujail trail focused on an Iraqi government crackdown after a failed
assassination attempt on Saddam in 1982. The action killed 148 Shi'ites.
A senior adviser at Iraq's Ministry of Justice, also speaking on
condition of anonymity, told IPS that Amin's replacement, Judge Raouf,
was under clear instructions from his assistant judges to deliver harsh
verdicts against Saddam and the other co-defendants.
Criticism was also leveled at the atmosphere of deadly intimidation
throughout the long trial, which started in October 2005.
A security colonel at the Ministry of Interior in Baghdad, also
requesting not to be quoted by name, told IPS, "We wrote to the minister
suggesting that by protecting the defense lawyers and witnesses we would
be investing the court with integrity but our superiors ignored us.
"The result was that three defense lawyers were assassinated and some
defense subjected to torture.
"The case should have been halted until proper protection was provided
for these people."
He added, "I and many of my colleagues believe Saddam deserved the death
sentence, but not one issued by a weak court that did not serve justice
or show even the minimal credibility."
The unconvincing prosecution witnesses and the courtroom dramas and
scandals were also raised by critics here.
"Some witnesses were 10 years old or less at the time of the incident,"
Ahmed Saadoon, a lawyer from the city of Diwaniya, south of Baghdad,
told IPS. "There were many contradictions in their statements."
The aggressive prosecution tactics brought discredit to the court
proceedings, he said. "The attorney general was so harassing. That made
the trail look so biased," he said.
International human rights groups have also voiced their criticisms,
calling the trial by a special court illegal and in violation of
international law.
The UN Working Group on Arbitrary Detentions has ruled that Saddam's
"deprivation of liberty" was "arbitrary." Its decision was passed on to
Saddam's defense lawyers shortly before the final verdict and sentencing
on Nov. 5, 2006.
The Working Group, made up of independent legal experts from Iran,
Algeria, Paraguay, Spain, and Hungary, spent more than two years
collecting information before announcing its findings.
It based its decision on its interpretation of international treaties,
particularly the International Covenant of Civil and Political Rights.
It found that Article 14 of the Covenant had been violated in numerous ways.
Following the outcry over Saddam's hanging, Human Rights Watch issued a
statement attacking Iraqi Prime Minister Nouri al-Maliki's fierce
defense of the execution.
This showed the Iraqi government's "disregard for human rights and the
rule of law," Human Rights Watch said. The rights group called in vain
on the Iraqi government to halt the upcoming execution of Barzan Ibrahim
al-Tikriti and Awad Hamed al-Bandar.
The two were sentenced to death with Saddam in the Dujail trial.
Human Rights Watch also criticized the Dujail trial as "fundamentally
unfair" and Saddam's death sentence as "indefensible."
The Iraqi government now faces the prospect of being taken to the
International Court of Justice at The Hague over the manner of Saddam's
execution and allegations that his body was defiled after being cut down
from the gallows.
Bushra al-Khalil, a lawyer on Saddam Hussein's defense team, told
reporters here that she was planning to sue the government over the
taunting of the former leader by his executioners on the gallows. This
was captured on video by a mobile phone and generated worldwide outrage
when it was broadcast on TV stations and over the Internet across the world.
Khalil also said she would also file a second action over allegations
that executioners had violated Saddam's body after he was hanged,
according to the Saudi daily al-Watan.
No Furor Over Saddam's Execution Here written by a guest,
January 18, 2007
Many or most people that are persuaded against capital punishment are so inclined because they fear the possiblity of an accidental false conviction. This doesn't apply here. He did these crimes - and more - for sure. But, the fundamental reason for the need to execute Saddam wasn't "criminal justice" (as agonised over in the article above) - that the punishment should fits the crime - but that it was a necessity as the only way of being absolutely sure that a hated, vengeful, cruel and kleptomaniacal dictator will not back with his henchmen.
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Then you should be thinking about roping George W. Bush written by Richard Kastelein,
January 18, 2007
For violating the Geneva Conventions as well as scores of other International Laws. Using your twisted logic - Bush should hang too. Six Hundred thousand dead Iraqis who had NOTHING to do with 9-11 surely merit capital punishment for those ordered the illegal invasion. Hundreds of innocents tortured in American Gulags around the world.