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Human rights groups concerned over Saddam trial

Posted on: Sunday, 16 October 2005, 09:33 CDT

By Luke Baker

BAGHDAD (Reuters) - Three days before Saddam Hussein goes on trial for crimes against humanity, human rights groups have raised profound concerns about the independence of the court trying him and whether it meets international standards.

Among other issues, Human Rights Watch and Amnesty International have expressed unease about limits on the ability of the accused to mount a defense, the burden of proof, political sway over the court and use of the death penalty.

Questions also surround the fact the Iraqi government has passed new laws governing the court, but has not yet brought them into force. Those new statutes could take effect in the next few days, or after the trial begins, raising further doubts about the clarity of procedures.

Saddam and seven others are due to appear in court on October 19 on charges of premeditated murder in the deaths of more than 140 Shi'ite men from the village of Dujail, north of Baghdad, following a failed attempt on the then-president's life in 1982.

In an 18-page report on Sunday, New York-based Human Rights Watch questioned trial preparations, including the amount of time the defense had been given to study evidence and its access to witnesses, and said proceedings might not be free or fair.

"We have grave concerns that the court will not provide the fair trial guarantees required by international law," said Richard Dicker, director of the group's international justice program.

"The proceedings must be fair and be seen to be fair, and that means ensuring that the accused can vigorously defend themselves."

Amnesty International, in a report released earlier this year, laid out similar concerns, and questioned if defendants were being granted their full rights under international law.

"The statute of the Iraqi Special Tribunal currently in place is not consistent with international law," Amnesty said.

"Trials and further investigations should not proceed until the concerns outlined ... have been adequately addressed."

Amnesty and Human Rights Watch are due to have observers in the courtroom on October 19, although it is not clear if passes provided by U.S. authorities for access to the fortified Green Zone compound, where the court is, will be granted on time.

LIMITED ACCESS

When the trial gets under way, Saddam's chief lawyer, Khalil al-Dulaimi, is expected to challenge the legitimacy of the court, which under current statutes was set up in December 2003 by U.S.-backed authorities during the U.S. military occupation.

Over recent months Dulaimi has complained about a lack of access to his client, inability to question witnesses already interviewed by the investigating judge who built the case, and restrictions on support from foreign lawyers.

He has also said that the 45 days allowed to prepare for the trial after the investigator presented his evidence is insufficient, particularly in a trial alleging crimes against humanity, a complaint supported by Human Rights Watch.

The Special Tribunal says 45 days is enough under Iraqi law.

Many observers, including sources close to the tribunal, expect the trial to be adjourned after one or two days of hearings so that the five-judge panel trying the case can study any defense motions for a delay.

Though grim, Dujail is one of the lesser crimes of which Saddam is expected ultimately to be charged, but prosecutors are starting with it because it is relatively clear-cut, strong evidence exists and a conviction therefore appears more likely.

Since it also involves the deaths of Shi'ites linked to the Dawa Party, which was banned under Saddam but which is now in the -- Prime Minister Ibrahim Jaafari is from Dawa -- some see a political motive in bringing the Dujail case first.

In the coming weeks, other cases against Saddam and his associates are expected to be presented for trial, including his role in ordering the Anfal campaigns against the Kurds in northern Iraq in the 1980s, which included the gassing to death of as many as 5,000 people in the town of Halabja.

If Saddam and his seven co-defendants are found guilty in the Dujail case, they could be put to death.

Under the tribunal's new statutes, which have yet to take effect, convicted defendants must have their sentences carried out within 30 days of their last appeal failing.

In theory that means Saddam could be executed before facing trial for other crimes.

Human Rights Watch called such a provision "draconian," and called for a re-examination of the capital punishment provision, which international criminal courts reject as inhumane.

"The mandatory application of the death penalty, without any opportunity for clemency, directly violates Iraq's human rights obligations," it said.

"Areas of serious concern need to be addressed by the Supreme Iraqi Criminal Tribunal if it aims to satisfy the promise of delivering justice rather than vengeance."

Source: REUTERS

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