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Saddam court names stand-in judge in resignation row

Posted on: Monday, 16 January 2006, 10:32 CST

By Mariam Karouny

BAGHDAD (Reuters) - The Iraqi court trying Saddam Hussein named a replacement on Monday for the chief judge after failing to persuade the present lead magistrate to withdraw his resignation, chief prosecutor Jaafar al-Moussawi told Reuters.

Judge Rizgar Amin, who asked to be excused last week after complaining of government interference in the case, would not attend the next hearing on January 24, Moussawi said; his deputy on the five-member judging panel would preside in his place.

A permanent replacement would be appointed in due course if Amin continued to stand by his resignation, he added.

"We sent a delegation from the court to convince him but it was not successful," Moussawi said. "He is standing by his resignation. He will not come to Baghdad and he will not preside over the next session."

Sayeed al-Hamashi, the most senior of the four other judges, would instead preside, he added.

The government, which dispatched a senior judge to Amin's Kurdish home city of Sulaimaniya to try to change his mind, had yet to take a final decision on whether to accept Amin's resignation, Moussawi said. If Amin still refuses to return to the bench, a permanent replacement would be chosen.

A spokesman for the High Tribunal said it had no official comment to make on the issue. Earlier, the spokesman had confirmed that Amin was insisting on resigning.

The trial of Saddam and seven others for crimes against humanity is due to resume on January 24 after a month-long recess.

INTERFERENCE

Amin continued to decline public comment but has made clear he is unhappy about interference in the trial and pressure put on him personally by the government and other Shi'ite political leaders who accuse the Kurdish judge of being soft on Saddam.

"It is a question of integrity," a source close to the judge told Reuters on Saturday. "I am not sure if he will go back on his decision. I don't think it's possible.

"He had complaints from the government that he was being too soft in dealing with Saddam. They want things to go faster."

Moussawi said he had met Amin in Baghdad when he first tendered his resignation a week ago: "I talked to him in private and asked him why," the prosecutor said. "He told me 'I can't take the public's criticism any more'."

Iraqi media have criticized Amin for allowing the former president and his co-defendants to speak at length during the trial so far, saying he is being too lenient with them.

The government and court officials appear anxious to deny Amin's complaints of direct pressure on him from the government and other senior Shi'ite political leaders.

Technically the departure of the presiding magistrate is simply overcome by appointing a substitute; but complaints about government interference from Amin, the much-televised face of the court, may do lasting damage to the court's credibility.

Hamashi, who has sat to Amin's right on the bench on seven preceding days in court since October 19, is the only other judge who has allowed his face to be shown on television. Only Amin had hitherto allowed his name to be published.

The killing of two defense lawyers had already highlighted problems with the process amid an insurgency among Saddam's fellow minority Sunni Arabs against the U.S.-backed government, run by Shi'ite Muslims and ethnic Kurds intent on quickly hanging a man they say massacred their peoples.

Some human rights groups have urged the government and U.S. officials to hold a trial abroad in an international court.

(Additional reporting by Alastair Macdonald and Aseel Kami)

Source: REUTERS

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