Najib al-Nawimi, a defence lawyer for Saddam Hussein, has written to the Secretary General of The UN Kofi Annan asking for the trial to be moved to The Hague.
He additionally asked that the Iraqi judges replaced by foreign ones.
Quote:
"We submit to you our request for your involvement and your good office in the present circumstances to call upon the US authority and the present government of Iraq to review the legal status of the present court and to reallocate the present court outside Iraq, i.e. The Hague, Netherlands."
He asked for the court to be given "independent and impartial international judges", and for Saddam and his co-defendants to be treated as prisoners of war.
Nawimi noted that prosecutors "did not hand over to the defence team a copy of the accusation list, neither granted us a proper access to our clients nor to have sufficient time as we had requested (for) three months,".
H also vented his worries over the safety of the defence team, in the light of the murder of Saadun Janabi.
Quote:
"We are in a very dangerous situation where the present Iraqi government has no control over our security to attend and participate in such a trial."
Friday, October 28, 2005
Oil For Food Scandal
It seems that over 2000 international companies, and many well known politicians, had a hand in illegally supporting Saddam Hussein.
This is the conclusion of the final report on the UN oil-for-food programme.
The report runs to 623 pages, and exposes the global scam that allegedly involved such companies as DaimlerChrysler and Siemens.
The report shows that the $64BN programme was used by Saddam to prop up his regime, at the expense of his own people.
The UN and member countries of the UN are blamed for allowing this corruption to go unchecked for years.
Paul Volcker, a former US Federal Reserve chairman who led the investigation, said that the report underscored the urgent need to reform the United Nations.
Companies from Thailand, Malaysia, Russia, Belarus, Syria, Canada and many other places paid illegal kickbacks. Many businesses in the developing world made large payments to get humanitarian contracts.
The question is, will these people be standing trial with Saddam?
I won't be holding my breath.
This is the conclusion of the final report on the UN oil-for-food programme.
The report runs to 623 pages, and exposes the global scam that allegedly involved such companies as DaimlerChrysler and Siemens.
The report shows that the $64BN programme was used by Saddam to prop up his regime, at the expense of his own people.
The UN and member countries of the UN are blamed for allowing this corruption to go unchecked for years.
Paul Volcker, a former US Federal Reserve chairman who led the investigation, said that the report underscored the urgent need to reform the United Nations.
Companies from Thailand, Malaysia, Russia, Belarus, Syria, Canada and many other places paid illegal kickbacks. Many businesses in the developing world made large payments to get humanitarian contracts.
The question is, will these people be standing trial with Saddam?
I won't be holding my breath.
Thursday, October 27, 2005
Lawyers Stop Work
The lawyers acting for Saddam Hussein have stopped working with the Iraqi court hearing the case, in response to the murder of one of their colleagues.
The lawyers demand that the Iraqi government provide them with 15 bodyguards each.
Apparently, both sides in the dispute are now negotiating terms that will satisfy both the court and the defence team.
The lawyers also claimed that the rights of Saddam, and his seven co-defendants, were being violated. Something I am sure that Saddam never worried about, when he was in charge of the "justice system".
Part of the reason for this "downing of tools", aside from fear for their lives, may be a tactical ploy; designed to delay the trial for as long as possible, until Iraq is involved in a fully fledged civil war.
That being the case, holding the trial would be all but impossible.
The lawyers demand that the Iraqi government provide them with 15 bodyguards each.
Apparently, both sides in the dispute are now negotiating terms that will satisfy both the court and the defence team.
The lawyers also claimed that the rights of Saddam, and his seven co-defendants, were being violated. Something I am sure that Saddam never worried about, when he was in charge of the "justice system".
Part of the reason for this "downing of tools", aside from fear for their lives, may be a tactical ploy; designed to delay the trial for as long as possible, until Iraq is involved in a fully fledged civil war.
That being the case, holding the trial would be all but impossible.
Wednesday, October 26, 2005
UN Action Sought
Defence lawyers in the trial of Saddam Hussein have appealed for UN protection, in the wake of the murder of Saadun Janabi and for a UN investigation into the murder.
They have made a direct written appeal to UN Secretary General, Kofi Annan.
The letter was signed by; former Algerian president Ahmed Ben Bella, former Malaysian premier Mahathir Mohamad, French former foreign minister Roland Dumas and former US attorney general Ramsey Clark.
The letter states that the failure of US and Iraqi officials "to provide protection to the defense and access to the defendants requires the transfer of any trials to a legal international forum if there is to be fairness in appearance and fact."
A British based lawyer on Saddam's team, Abdul Haq Al-Ani, has told the BBC that the court's jurisdiction must be dealt with before the trial continues.
In a rather bizarre piece of grandstanding Saleh Armuti, another lawyer working for Saddam, said that he wants to put George Bush on trial "at the same time as the fake trial takes place in Iraq."
No doubt this gives him some free publicity, but it hardly adds credibility to his defence case.
They have made a direct written appeal to UN Secretary General, Kofi Annan.
The letter was signed by; former Algerian president Ahmed Ben Bella, former Malaysian premier Mahathir Mohamad, French former foreign minister Roland Dumas and former US attorney general Ramsey Clark.
The letter states that the failure of US and Iraqi officials "to provide protection to the defense and access to the defendants requires the transfer of any trials to a legal international forum if there is to be fairness in appearance and fact."
A British based lawyer on Saddam's team, Abdul Haq Al-Ani, has told the BBC that the court's jurisdiction must be dealt with before the trial continues.
In a rather bizarre piece of grandstanding Saleh Armuti, another lawyer working for Saddam, said that he wants to put George Bush on trial "at the same time as the fake trial takes place in Iraq."
No doubt this gives him some free publicity, but it hardly adds credibility to his defence case.
Monday, October 24, 2005
Witness Testifies
Wadaah al-Sheikh, a former Iraqi intelligence officer, gave testimony yesterday in the trial of Saddam Hussein from his sick bed in hospital.
Sheikh has cancer, and was a senior officer in the investigations and evidence unit at the Hakmiya intelligence building in Baghdad in 1982.
Defence lawyers, fearful for their lives following the murder of one of their colleagues Saadoun Janabi, refused to attend the testimony.
It is clear that safety of all parties in this trial will have to be guaranteed, if the trial and its outcome is to be seen to be fair and above reproach.
Sheikh has cancer, and was a senior officer in the investigations and evidence unit at the Hakmiya intelligence building in Baghdad in 1982.
Defence lawyers, fearful for their lives following the murder of one of their colleagues Saadoun Janabi, refused to attend the testimony.
It is clear that safety of all parties in this trial will have to be guaranteed, if the trial and its outcome is to be seen to be fair and above reproach.
Saturday, October 22, 2005
Defence Lawyer Murdered
Saadoun Sughaiyer al-Janabi, the kidnapped defence lawyer acting for one of Saddam Hussein's co-defendants, was found dumped in the street with two bullet wounds in the head; only hours after gunmen, dressed as security forces, took him from his office.
Needless to say, the remaining defence team demanded that the trial be delayed or moved out of Iraq.
It is far from clear as to which group of people were responsible for the murder; Hussein opponents, Sunni insurgents or Hussein supporters are all possibilities.
The trial is set to resume on November 28th; the defence want it postponed beyond that date, if the investigations into the murder are not finished.
Saddam Hussein's chief lawyer, Khalil al-Dulaimi, said that after the kidnapping that defence lawyers had been threatened in recent weeks by e-mail, mobile phone text messages, and telephone calls.
Needless to say, the remaining defence team demanded that the trial be delayed or moved out of Iraq.
It is far from clear as to which group of people were responsible for the murder; Hussein opponents, Sunni insurgents or Hussein supporters are all possibilities.
The trial is set to resume on November 28th; the defence want it postponed beyond that date, if the investigations into the murder are not finished.
Saddam Hussein's chief lawyer, Khalil al-Dulaimi, said that after the kidnapping that defence lawyers had been threatened in recent weeks by e-mail, mobile phone text messages, and telephone calls.
Friday, October 21, 2005
Lawyer Kidnapped
In a plot now resembling something out of John Le Carre novel, one of the lawyers of one of Saddam Hussein's co-defendants was kidnapped yesterday.
Saadoun Sughaiyer al-Janabi was dragged out of his office on Thursday by 10 masked gunmen.
Police Major Falah al-Mohammedawi, of the Interior Ministry, said:
"Police special forces started search operations early this morning in the suspected areas around Sadr city in eastern Baghdad. We hope to find the hostage as soon as possible."
Al-Janabi is one of two attorneys for Awad Hamed al-Bandar, one of the seven Baath Party officials being tried with Saddam.
After the opening session of Saddam's trial, where he questioned the legitimacy of the trial, it was been suspended until November 28th.
However, the court will interview Wadah Ismail al-Sheik, a bedridden cancer patient who helped run Iraq's intelligence agency on Sunday.
Saadoun Sughaiyer al-Janabi was dragged out of his office on Thursday by 10 masked gunmen.
Police Major Falah al-Mohammedawi, of the Interior Ministry, said:
"Police special forces started search operations early this morning in the suspected areas around Sadr city in eastern Baghdad. We hope to find the hostage as soon as possible."
Al-Janabi is one of two attorneys for Awad Hamed al-Bandar, one of the seven Baath Party officials being tried with Saddam.
After the opening session of Saddam's trial, where he questioned the legitimacy of the trial, it was been suspended until November 28th.
However, the court will interview Wadah Ismail al-Sheik, a bedridden cancer patient who helped run Iraq's intelligence agency on Sunday.
Wednesday, October 19, 2005
Saddam Pleads Not Guilty
As day one of Saddam Hussein's trial began, he has entered a plea of not guilty.
In a bravura performance Saddam questioned the validity of the court, pleaded not guilty and told the presiding judge:
"Who are you? What does this court want?"
All of the 8 defendants pleaded not guilty to charges of ordering the killing of 143 Shia men in 1982.
The trial was adjourned until 28 November, after just three hours.
Saddam's defence team requested a postponement, in order to prepare their case. However, the chief judge contradicted this by noting that witnesses had not shown up.
Judge Rizgar Mohammed Amin said:
"They were too scared to be public witnesses. We're going to work on this issue for the next sessions."
The trial was held in the ex National Command Headquarters of Saddam Hussein's Baath Party.
As he was led into the court, Saddam gestured to slow them down.
When asked to confirm his name by the chief judge, Saddam refused.
Quote:
"I preserve my constitutional rights as the president of Iraq. I do not recognise the body that has authorised you and I don't recognise this aggression.
What is based on injustice is unjust ... I do not respond to this so-called court, with all due respect."
As the trial adjourned, Saddam became involved in a scuffle (probably staged for media benefit) with the guards who wanted to grab his arms to escort his out.
If the Iraqis and Americans had hoped for a bloodied and bowed performance, they will have been severely disappointed.
In a bravura performance Saddam questioned the validity of the court, pleaded not guilty and told the presiding judge:
"Who are you? What does this court want?"
All of the 8 defendants pleaded not guilty to charges of ordering the killing of 143 Shia men in 1982.
The trial was adjourned until 28 November, after just three hours.
Saddam's defence team requested a postponement, in order to prepare their case. However, the chief judge contradicted this by noting that witnesses had not shown up.
Judge Rizgar Mohammed Amin said:
"They were too scared to be public witnesses. We're going to work on this issue for the next sessions."
The trial was held in the ex National Command Headquarters of Saddam Hussein's Baath Party.
As he was led into the court, Saddam gestured to slow them down.
When asked to confirm his name by the chief judge, Saddam refused.
Quote:
"I preserve my constitutional rights as the president of Iraq. I do not recognise the body that has authorised you and I don't recognise this aggression.
What is based on injustice is unjust ... I do not respond to this so-called court, with all due respect."
As the trial adjourned, Saddam became involved in a scuffle (probably staged for media benefit) with the guards who wanted to grab his arms to escort his out.
If the Iraqis and Americans had hoped for a bloodied and bowed performance, they will have been severely disappointed.
Saddam Hussein's Trial Starts
The trial of Saddam Hussein starts today.
He will face charges relating to the deaths of 143 Shi'ite Muslims in 1982.
It is expected that the trial will be adjourned almost immediately, as Saddam's defence will plead that they have not had enough time to study 800 pages of evidence against him.
The defence will also plead that the court has no jurisdiction because it was set up by an unelected body, the Iraqi Governing Council.
Not only must justice be done, it must be seen to be done; otherwise the regime change will have been for nothing.
He will face charges relating to the deaths of 143 Shi'ite Muslims in 1982.
It is expected that the trial will be adjourned almost immediately, as Saddam's defence will plead that they have not had enough time to study 800 pages of evidence against him.
The defence will also plead that the court has no jurisdiction because it was set up by an unelected body, the Iraqi Governing Council.
Not only must justice be done, it must be seen to be done; otherwise the regime change will have been for nothing.
Tuesday, October 18, 2005
Constitutional Result Delayed
Iraq has had to delay the announcement of results from its referendum on a new constitution, as the country's electoral commission has had to recheck ballots.
The Independent Electoral Commission of Iraq said that is "needs several more days to complete this difficult and complex operation after finding that the figures from most provinces were too high."
Adding:
"This will require re-examination, comparison and verification because they are relatively high compared with international averages for elections. The commission will only announce results when they have been verified."
The commission said that 6 majority Shiite provinces in Southern Iraq had voted by more than 90% in favour of the constitution. However, 2 Sunni dominated provinces seem to have rejected it by 80% and 54%.
This means that the result will not be out before the start of Saddam Hussein's trial tomorrow.
The path to democracy is never easy.
The Independent Electoral Commission of Iraq said that is "needs several more days to complete this difficult and complex operation after finding that the figures from most provinces were too high."
Adding:
"This will require re-examination, comparison and verification because they are relatively high compared with international averages for elections. The commission will only announce results when they have been verified."
The commission said that 6 majority Shiite provinces in Southern Iraq had voted by more than 90% in favour of the constitution. However, 2 Sunni dominated provinces seem to have rejected it by 80% and 54%.
This means that the result will not be out before the start of Saddam Hussein's trial tomorrow.
The path to democracy is never easy.
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