Saddam trial resumes in Baghdad, defense walks out

By Michael Georgy and Luke Baker

BAGHDAD (Reuters) – The trial of Saddam Hussein resumed in
Baghdad on Monday, but was disrupted almost at once when the
defense team walked out of court in a protest over the
legitimacy of the tribunal and the security of lawyers.

The lawyers, including former U.S. Attorney General Ramsey
Clark, walked out after the chief judge refused to hear their
complaints immediately. Saddam stood up, declared the court was
appointed by U.S. occupiers and shouted “Long live the Arab
state.”

After a 40-day adjournment to give counsel more time to
prepare a defense for the former president and seven associates
accused of crimes against humanity, the judge had granted a
further delay last week to find replacements for defense
lawyers who had been assassinated or fled Iraq in fear of their
lives.

Saddam, tieless in a white shirt and dark suit, entered the
court, which opened about an hour later than expected at just
after 11 a.m. (0800 GMT), and greeted his co-defendants.

From the defense counsel bench, lead lawyer Khalil
al-Dulaimi began a motion questioning the court’s legitimacy.

Up to five witnesses were set to testify as the prosecution
pushes ahead with a case criticised at home and abroad.

The trial, which opened on October 19, is held in the
heavily fortified Green Zone government compound in central
Baghdad, which once housed Saddam’s own presidential palace
complex.

Security has been a major concern, not least since two
defense lawyers have been killed, prompting last Monday’s
week-long adjournment to find replacements.

Central Baghdad’s streets were gridlocked by security
measures. Iraq’s national security adviser said on Sunday that
a plot to rocket the courthouse had been thwarted when weapons
were found in Baghdad, although he gave no details.

CONFLICT OF INTEREST

On the eve of its resumption, a member of the five-judge
panel stood down citing potential conflict of interest because
one of Saddam’s co-defendants had been linked to the killing of
the judge’s brother, court officials said. An alternate judge
took his place on Monday, the officials said.

The session may go on for up to three days, with up to 11
witnesses appearing. Eight will have their identities concealed
in one way or another, a practice that could raise doubt about
the defence’s access to witnesses.

At the second court session held on November 28,
proceedings were adjourned for a week to give two of the eight
defendants time to find new defense attorneys after two lawyers
were assassinated and another fled the country.

The U.N. representative for human rights in Iraq said on
Sunday Saddam’s trial would never meet international standards
of fairness and transparency.

SYSTEM OF JUSTICE

“Weakness in the system of administration of justice, in
addition to the antecedents surrounding the establishment of
this tribunal, will never be able to produce the kind of
process that would be able to satisfy international standards,”
John Pace told Reuters in an interview.

Further delays in the trial are expected ahead of December
15 parliamentary elections.

Saddam’s defense team has already filed another motion
declaring that, as former president, he has sovereign immunity
and a third motion asking for more time to prepare. Chief judge
Rizgar Mohammed Amin has not ruled on any of those motions.

International observers have raised concerns about the
court, which operates under a mix of Iraq’s criminal code, some
international statutes and others written specifically for the
tribunal, which was originally formed under U.S. occupation.

They are also worried about the amount of time the defense
has had to prepare for a complex case involving allegations of
crimes against humanity connected to the deaths of 148 men
after an attempt on Saddam’s life in 1982.