Iran has finalised a formal indictment against Saddam Hussein.
The indictment has been prepared by the Public Persecutor's Office, and will be sent to Judiciary Chief Ayatollah Mahmoud Hashemi Shahroudi for the final endorsement after being signed by Prosecutor General Qorbanali Dorri-Najafabad.
Ayatollah Shahroudi criticised the Iraqi court, prosecuting Saddam; for failing to address his alleged crimes and violations of human rights in the early years of the 1980-88 war against Iran, and his continued atrocities over the next eight years.
He noted that the Iraqi indictment was "very poor, scanty and lacked Saddam's true crimes".
He called on the court to provide a "real indictment", by including all crimes committed by Saddam.
Friday, September 23, 2005
Thursday, September 22, 2005
Rules Of The Game Changed
Iraqi legislators have changed the rules of the game, in respect of the forthcoming trial of Saddam Hussein.
They have now ensured that Saddam cannot represent himself.
The original rules for the trial, which were adopted in December 2003 when the US was running Iraq, allowed for Saddam "to defend himself in person or through legal assistance of his own choosing."
The Iraqi National Assembly now only give Saddam the right "to procure legal counsel of his choosing."
The rule change is designed to try to rid Iraq and Washington of the spectre of Banquo's ghost, whereby Saddam could have used his right of self-representation to make political propaganda from the event.
Captured, or not, it seems that many still fear Saddam.
They have now ensured that Saddam cannot represent himself.
The original rules for the trial, which were adopted in December 2003 when the US was running Iraq, allowed for Saddam "to defend himself in person or through legal assistance of his own choosing."
The Iraqi National Assembly now only give Saddam the right "to procure legal counsel of his choosing."
The rule change is designed to try to rid Iraq and Washington of the spectre of Banquo's ghost, whereby Saddam could have used his right of self-representation to make political propaganda from the event.
Captured, or not, it seems that many still fear Saddam.
Wednesday, September 21, 2005
Saddam's Team Not Told of Date of Trial
Khalil Dulaimi, head of Saddam Hussein's legal team, has said that the team have not been informed by Iraqi authorities of the date set for Saddam's trial.
He also claims that they are unaware of the charges against Saddam.
Quote:
"We have not been duly informed about any certain date for a trial
The defence has not been enabled to review any files of the charges or even any paper of investigation, despite the fact that we have made many and repeated requests to this effect."
Additionally, Saddam has "signed any bill of indictment".
Dulaimi then went on to say that Saddam's defence team "have not and will not recognise any date for the trial if it comes within weeks or months".
Dulaimi said that Saddam "is unsatisfied by the current level of legal representation because such a case needs international experts in international, humanitarian and criminal laws."
"President Saddam Hussein has repeatedly asked most of the judges to be represented by international, Arab and Iraqi lawyers ... but the tribunal still prevents and denies real legal representation".
Did Saddam grant his prisoners the same rights that he now demands?
He also claims that they are unaware of the charges against Saddam.
Quote:
"We have not been duly informed about any certain date for a trial
The defence has not been enabled to review any files of the charges or even any paper of investigation, despite the fact that we have made many and repeated requests to this effect."
Additionally, Saddam has "signed any bill of indictment".
Dulaimi then went on to say that Saddam's defence team "have not and will not recognise any date for the trial if it comes within weeks or months".
Dulaimi said that Saddam "is unsatisfied by the current level of legal representation because such a case needs international experts in international, humanitarian and criminal laws."
"President Saddam Hussein has repeatedly asked most of the judges to be represented by international, Arab and Iraqi lawyers ... but the tribunal still prevents and denies real legal representation".
Did Saddam grant his prisoners the same rights that he now demands?
Tuesday, September 20, 2005
A Family Affair
Ayman Sabawi, a nephew of Saddam Hussein, was sentenced yesterday to life in prison for funding Iraq's insurgency and for bomb-making.
Sabawi was captured in May by security forces, during a raid on Tikrit. His father, Al-Hassan, served as a presidential adviser was captured there two months earlier.
The odd thing about this sentence is that the Iraqi authorities had not announced that Sabawi's trial was in fact under way.
Sabawi will face a second trial beginning November 1st for other, unspecified crimes to which he allegedly confessed during pretrial interrogation.
Sabawi was captured in May by security forces, during a raid on Tikrit. His father, Al-Hassan, served as a presidential adviser was captured there two months earlier.
The odd thing about this sentence is that the Iraqi authorities had not announced that Sabawi's trial was in fact under way.
Sabawi will face a second trial beginning November 1st for other, unspecified crimes to which he allegedly confessed during pretrial interrogation.
Monday, September 19, 2005
Saddam Hussein Used Mail To Fight
Saddam Hussein used a secret mail network to ferment a rebellion against the US forces, during the time between his downfall in April 2003 and his capture in December 2003.
Saddam sent letters with instructions for his subordinates.
In one letter he ordered his associates to change the target from coalition to Iraqi collaborators.
Saddam sent letters with instructions for his subordinates.
In one letter he ordered his associates to change the target from coalition to Iraqi collaborators.
Friday, September 16, 2005
Guilty
In order to speed up the trial proceedings of Saddam Hussein, and avoid any nasty references to people and governments who supported him in the past, it seems that his fate has already been decided.
He is guilty.
That at least is the case according to an anonymous Iraqi judge, who told an Iranian news agency that Saddam Hussein's fate has already been decided.
The judge is quoted as saying:
"The trial of Saddam Hussein will be brief and immediately afterwards the former dictator will be hanged by a rope in one of the rooms of the Mukhaberat (Saddam's secret service) where thousands of Iraqis have been tortured and killed."
Adding:
"all efforts by foreign countries to prevent the death by hanging of the former dictator are useless, as the sentence has already been issued by the Iraqi people."
Not an auspicious start for one of the world's fledging democracies.
He is guilty.
That at least is the case according to an anonymous Iraqi judge, who told an Iranian news agency that Saddam Hussein's fate has already been decided.
The judge is quoted as saying:
"The trial of Saddam Hussein will be brief and immediately afterwards the former dictator will be hanged by a rope in one of the rooms of the Mukhaberat (Saddam's secret service) where thousands of Iraqis have been tortured and killed."
Adding:
"all efforts by foreign countries to prevent the death by hanging of the former dictator are useless, as the sentence has already been issued by the Iraqi people."
Not an auspicious start for one of the world's fledging democracies.
Wednesday, September 14, 2005
Saddam Hussein disappears
In an Orwellian twist, reminiscent of 1984, Iraq's children returned to school this week with a new syllabus that has effectively erased Saddam Hussein from its history.
The education department has replaced the old Baathist textbooks with a new set, that present a different version of history.
It is often said that history is written by the victors.
In the new version of the past, Baghdad no longer wins the Iran-Iraq war nor confronts the "evil" of Zionism alone.
The old requirement of instructing primary school children to learn such "catchy" phrases as "I love Saddam", is now forbidden.
Saddam is now rarely mentioned by name and, more worryingly, his rule is left unanalysed.
Those that ignore their history are destined to repeat it.
Old books, that are still in use, have had Saddamist pages and his photos ripped out or blanked out.
Indeed, there is no mention of the 1991 Gulf war; and the events of 2003 are described as a "major shake-up" of Iraq.
This of course, as unpalatable as it may be, means that some fifty years of Iraqi history has been expunged.
I am afraid you cannot simply do that, without creating a very dangerous vacuum; nature abhors vacuums.
Avoiding the past in this way, and refusing to confront it, will store up trouble for the future.
The education department has replaced the old Baathist textbooks with a new set, that present a different version of history.
It is often said that history is written by the victors.
In the new version of the past, Baghdad no longer wins the Iran-Iraq war nor confronts the "evil" of Zionism alone.
The old requirement of instructing primary school children to learn such "catchy" phrases as "I love Saddam", is now forbidden.
Saddam is now rarely mentioned by name and, more worryingly, his rule is left unanalysed.
Those that ignore their history are destined to repeat it.
Old books, that are still in use, have had Saddamist pages and his photos ripped out or blanked out.
Indeed, there is no mention of the 1991 Gulf war; and the events of 2003 are described as a "major shake-up" of Iraq.
This of course, as unpalatable as it may be, means that some fifty years of Iraqi history has been expunged.
I am afraid you cannot simply do that, without creating a very dangerous vacuum; nature abhors vacuums.
Avoiding the past in this way, and refusing to confront it, will store up trouble for the future.
Tuesday, September 13, 2005
Political Gimmick
Abdel Haq Alani, a senior member of Saddam Hussein's defence team, has said that the trial is nothing more than a political gimmick by the new Iraqi government.
He claimed that the trial is being held in order to generate support for next month's constitutional referendum.
Saddam, and seven other members of his regime, will stand trial in the Iraq Special Tribunal on October 19.
They are charged with ordering a massacre of 143 people in Dujail, in 1982 after a failed assassination attempt against Saddam. If convicted, Saddam could be sentenced to death.
Alani said:
"The court isn't even halfway ready to try the case. It's simply political capital being used to follow the referendum on the constitution."
Adding that the trial had "nothing to do with the reality of the investigation."
He went on to say that:
"The defence team has not yet been finalized. It will be made public when the accused (Saddam) gives his approval to the new team."
Theoretically, Saddam faces a dozen trials; only if he doesn't get executed after the first one finds him guilty.
He claimed that the trial is being held in order to generate support for next month's constitutional referendum.
Saddam, and seven other members of his regime, will stand trial in the Iraq Special Tribunal on October 19.
They are charged with ordering a massacre of 143 people in Dujail, in 1982 after a failed assassination attempt against Saddam. If convicted, Saddam could be sentenced to death.
Alani said:
"The court isn't even halfway ready to try the case. It's simply political capital being used to follow the referendum on the constitution."
Adding that the trial had "nothing to do with the reality of the investigation."
He went on to say that:
"The defence team has not yet been finalized. It will be made public when the accused (Saddam) gives his approval to the new team."
Theoretically, Saddam faces a dozen trials; only if he doesn't get executed after the first one finds him guilty.
Monday, September 12, 2005
Kuwait Demands Death Penalty
Kuwait has requested, through a lawsuit against former Iraqi regime members, the death penalty for Saddam Hussein and his aides.
Kuwait Justice Minister Ahmad Baqer said that the death penalty was based on numerous crimes by the former Iraqi regime, and Kuwait was about to ask for judicial co-operation with Iraq.
On the possibility of Kuwaiti observers attending Saddam's trial, Baqer said this would depend on hearing procedures as well as on Kuwaiti public prosecution.
Quote:
"This issue is handled by the public prosecution and it is an independent authority".
The Kuwaiti Foreign Ministry submitted a file, containing the lawsuit against the former Iraqi regime, to a special tribunal via the Iraqi Foreign Ministry.
The file contained details of names of the accused, description of their crimes and evidence.
Kuwait Justice Minister Ahmad Baqer said that the death penalty was based on numerous crimes by the former Iraqi regime, and Kuwait was about to ask for judicial co-operation with Iraq.
On the possibility of Kuwaiti observers attending Saddam's trial, Baqer said this would depend on hearing procedures as well as on Kuwaiti public prosecution.
Quote:
"This issue is handled by the public prosecution and it is an independent authority".
The Kuwaiti Foreign Ministry submitted a file, containing the lawsuit against the former Iraqi regime, to a special tribunal via the Iraqi Foreign Ministry.
The file contained details of names of the accused, description of their crimes and evidence.
Friday, September 09, 2005
Futile Defence
The defence team of Saddam Hussein are venting their spleens in public, about the futility of their task.
They are reportedly furious with the "politically motivated statements" by unnamed Iraqi officials, who talk about a quick execution if Saddam is found guilty.
Khalil Dulaimi, Saddam's chief lawyer, said:
"There is no chance of holding a just and honest trial in such an atmosphere and these verdicts appear to have been issued beforehand. It's futile to even have a defence".
Dulaimi went on to say that the Iraqi special court, that will try Saddam, had not notified the defence of the timing of the trial or sent any paperwork on the charge of killing 143 Shi'ite villagers after the failed assassination bid.
The defence believe that the Iraqi authorities want a quick trial, without charging Saddam with other crimes; these could implicate other Iraqi politicians, who currently hold power now.
It is also worth noting that there may be those in the USA who also back this stance, as a more protracted and detailed trail would highlight Washington's previous backing of Saddam.
Doubtless, those who want to see Saddam executed will get their way. However, those who want to see justice done, and all the crimes committed under Saddam's rule (by him and others, yet to be named) brought into the public arena may be disappointed.
Will justice be served, and will Iraq be healed by a Kangaroo court?
They are reportedly furious with the "politically motivated statements" by unnamed Iraqi officials, who talk about a quick execution if Saddam is found guilty.
Khalil Dulaimi, Saddam's chief lawyer, said:
"There is no chance of holding a just and honest trial in such an atmosphere and these verdicts appear to have been issued beforehand. It's futile to even have a defence".
Dulaimi went on to say that the Iraqi special court, that will try Saddam, had not notified the defence of the timing of the trial or sent any paperwork on the charge of killing 143 Shi'ite villagers after the failed assassination bid.
The defence believe that the Iraqi authorities want a quick trial, without charging Saddam with other crimes; these could implicate other Iraqi politicians, who currently hold power now.
It is also worth noting that there may be those in the USA who also back this stance, as a more protracted and detailed trail would highlight Washington's previous backing of Saddam.
Doubtless, those who want to see Saddam executed will get their way. However, those who want to see justice done, and all the crimes committed under Saddam's rule (by him and others, yet to be named) brought into the public arena may be disappointed.
Will justice be served, and will Iraq be healed by a Kangaroo court?
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