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Trial of Saddam Hussein

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The trials of Saddam Hussein, the former President of Iraq, are being held under the Iraqi Special Tribunal where he will likely be tried for actions in human rights abuses in Iraq, the Iran-Iraq War and the invasion of Kuwait. He is likely to be charged with war crimes, crimes against humanity, and genocide, and could face the death penalty if convicted.

On June 30, 2004, Saddam Hussein (held in custody by U.S. forces at Camp Cropper in Baghdad), along with 11 senior Ba'athist officials, were handed over legally (though not physically, as there is at present no adequate Iraqi prison to hold them) to the interim Iraqi government to stand trial. Particular attention will be paid to his activities in violent campaigns against the Kurds in the north during the Iran-Iraq War, and against the Shiites in the south in 1991 and 1999 to put down revolts.

First hearing

He's innocent till proven guilty

Pre-trial events

On June 17, 2005 The former Malaysian prime minister, Mahathir Mohamad announced the formation, under his joint chairmanship, of an international Emergency Committee for Iraq, with a main objective of ensuring fair trials for Saddam Hussein and the other former Ba'ath Party officials being tried with him.

On July 18, 2005, Saddam was charged by the Special Tribunal with the first of an expected series of charges, relating to the mass killings of the inhabitants of the village of Dujail in 1982 after a failed assassination attempt against him.

On August 8, 2005, the family announced that the legal team had been dissolved and that the only Iraq-based member, Khalil al-Duleimi, had been made sole legal counsel.

In an interview broadcast on Iraqi television on September 6, 2005, Iraqi president Jalal Talabani said that he had directly extracted confessions from Saddam that he had ordered mass killings and other "crimes" during his regime and that he deserves to die. Two days later, Saddam's lawyer denied that he confessed.

Saddam's defense repeatedly argued for a delay in the proceedings, insisting that it has not been given sufficient time to review all prosecution documents as provided for under tribunal rules, but so far these submissions have been rejected. Meanwhile international human rights groups, including Human Rights Watch and Amnesty International, have suggested that the Iraqi Special Tribunal and its legal process may not meet international standards for a fair trial. The UN has also declined to support the proceeding, expressing similar concerns over fairness as well as over the possibility of a death sentence in the case.

Start of first trial

Iraqi authorities put Saddam Hussein and seven other former Iraqi officials on trial on 19 October, 2005 four days after the 15 October, 2005 referendum on the new constitution. The defendants were specifically charged with the killing of 143 Shiites in Dujail in 1982. Supporters of Saddam protested against the trial in Tikrit. It is thought this case was chosen to start with rather than a higher-profile incident because of the perceived clearness of the evidence.

At this hearing, when asked for his name, Saddam said "I am the president of Iraq", refusing to state his name, but returning the question, addressing Kurdish judge Rizgar Mohammed Amin, "Who are you? I want to know who you are". When Amin addressed Saddam as "the former president", Saddam objected emphatically. After the charges were read to them, all eight defendants pleaded not guilty. The court agreed to adjourn the case until 28 November 2005.

Notes

  1. http://www.mg.co.za/Content/l3.asp?ao=118085
  2. http://www.thepeninsulaqatar.com/Display_news.asp?section=World_News&month=May2005&file=World_News200505026563.xml
  3. http://www.adnki.com/index_2Level.php?cat=Politics&loid=8.0.178168945&par=0
  4. http://www.boston.com/news/world/middleeast/articles/2005/08/08/saddams_jordan_based_legal_team_dissolved/
  5. http://news.bbc.co.uk/2/hi/middle_east/4225182.stm
  6. http://www.arabicnews.com/ansub/Daily/Day/051019/2005101920.html
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