Post by Rose on Jan 29, 2006 12:53:18 GMT -5
just for research convenience...
Saddam trial set to resume with new judge
Updated Sat. Jan. 28 2006 11:35 PM ET
Associated Press
BAGHDAD — The troubled Saddam Hussein trial resumes Sunday with a new judge and with international human rights groups saying political interference is threatening the tribunal's independence.
Saddam and his seven co-defendants are charged in the deaths of about 140 Shiite Muslims, reputedly killed in retaliation for a failed assassination attempt against the former Iraqi leader in the Shiite town of Dujail in 1982. The defendants could face death by hanging if convicted.
The trial, which began Oct. 19, has been plagued by delays, chaotic outbursts by Saddam and the assassination of two defence lawyers.
The proceeding was due to resume last Tuesday after a month's break but was postponed for five days because court officials said some witnesses had not returned from the Muslim pilgrimage to Mecca, Saudi Arabia.
However, court officials told The Associated Press the main reason for the delay was that judges were upset by a decision to appoint and then remove another chief judge to replace Rizgar Mohammed Amin, a Kurd who stepped down Jan. 15.
Chief prosecutor Jaafar al-Mousawi told The AP that Raouf Rasheed Abdel-Rahman, a Kurdish jurist, was expected to head the five-judge panel when the session resumes in Badhdad's heavily guarded Green Zone.
Amin cited health reasons for his decision to step down. But politicians had complained about the slow pace of the proceedings and Amin's patience in the face of frequent outbursts by Saddam and one of his co-defendants, Barzan Ibrahim.
Amin's deputy, Saeed al-Hammash, had been expected to take over as chief judge but was moved off the case after allegations he once was a member of Saddam's Baath party. Al-Hammash, a Shiite, denied Baath membership, saying he was the victim of a conspiracy.
One of Saddam's defence lawyers said his team would file several motions Sunday questioning the court's independence and legitimacy because of Amin's resignation.
"The trial is going through a legal crisis,'' lawyer Khamis al-Obeidi said. "The new chief judge needs a long time to familiarize himself with the details of the case.''
He said Amin's departure alone "is enough to prove that the trial is not fair.''
Similar questions also were raised by Human Rights Watch, which expressed doubt even before the proceeding started in October about whether Saddam and the others could receive a fair trial before an Iraqi court.
"The resignation of Judge Amin and the transfer of Judge al-Hammash mean that two of the five judges who have heard the witness testimony are now off the case,'' Richard Dicker, a Human Rights Watch official, said in a statement. "It will be difficult for the new judges to impartially evaluate the testimony they missed, damaging the integrity of the trial.''
Miranda Sissons of the International Center for Transitional Justice, an observer at the trial, also expressed concern about political pressure "and the degree of turnover'' in the judicial panel.
"We need consistency and regularity for the court to have credibility,'' she said by telephone from New York.
The trial has been dogged with problems from the outset, and critics have questioned whether the proceedings could be held in a country racked by insurgency. Shiites and Kurds, the communities that suffered the most under Saddam, now dominate the government.
Saddam's outbursts also have delayed the proceedings. He boycotted one session after thundering that "I will not come to an unjust court! Go to hell!''
Ibrahim, his half brother and co-defendant, has been more belligerent, insulting a judge and the prosecutors and frequently interrupting the proceedings.
Shiite Prime Minister Ibrahim al-Jaafari, some of whose relatives were executed or tortured during the Saddam administration, has publicly complained of the trial's slow pace.
"We are not trying to land on the moon here,'' he once said, arguing that Saddam's crimes were beyond a shred of doubt.
On Saturday, al-Jaafari said had the "highest consideration'' and respect for Amin.
"We are trying to convince him to continue his mission,'' he said.
One tribunal judge said efforts continued to persuade Amin to reconsider and that Abdel-Rahman, his replacement, may end up presiding over two or three sessions before his predecessor's possible return. The judgespoke on condition of anonymity because of the subject's sensitivity.
Saddam leaves court as trial erupts into chaos
CTV.ca News Staff
A defiant Saddam Hussein was escorted out of court after his trial erupted into pandemonium on Sunday, shortly after it resumed under a new presiding judge.
The new chief judge Raouf Abdel-Rahman began the proceedings with a show of authority, stressing in an opening statement that he would not tolerate "political speeches" and "if any defendant crosses the lines, he will be taken out of the room and his trial will be carried out with his absence."
Abdel-Rahman is under pressure to deal firmly with the defendants after his predecessor resigned amid criticism he was being too soft on Saddam's frequent courtroom tirades.
Sunday's proceedings, the first in over a month, disintegrated almost immediately into yelling and insults.
One of Saddam's high-profile co-defendants, Barzan Ibrahim, who is believed to be suffering from cancer, launched into a complaint about his medical treatment.
The judge ordered him to sit down, shouting, "One more word and I'm throwing you out."
When Saddam's half-brother and former intelligence chief refused to sit, Ibrahim shouted that the court was a "daughter of a whore" as he was dragged out by court guards.
As they scuffled, Saddam stood and shouted, "Down with the traitors. Down with America."
When defence lawyers joined the chorus of protest, Abdel-Rahman shouted, "Is this a street demonstration, are you lawyers?"
The Kurdish judge turned to defence lawyer, Salih al-Armouti, a Jordanian who recently joined the team, and asked if courts in his country would allow such behavior.
"My country gives me my rights," al-Armouti replied.
Abdel-Rahman ordered guards to take al-Armouti out of the court, saying, "You have incited your clients and we will start criminal proceedings against you."
The rest of the defence team stormed out in protest, despite the judge's threat that, "Any lawyer who walks out will not be allowed back into this courtroom."
Though Abdel-Rahman appointed four new defence lawyers, Saddam stood and rejected them.
Holding a copy of the Qur'an and other papers under his arm, he said he wanted to leave.
"You do not leave, I allow you to leave when I want to," Abdel-Rahman said.
"For 35 years, I administered your rights," Saddam responded angrily, referring to his time in power.
"I am the judge and you are the defendant. You have to obey me," Abdel-Rahman hit back.
After an argument with the judge, during which Saddam banged his hands on the dock and was pushed back into his chair by guards, the judge said that Saddam should also be removed and he was escorted out of the room.
Two other defendants also rejected their new lawyers and were allowed to leave.
Order was later restored when the court began hearing an anonymous female prosecution witness who testified from behind a beige curtain to protect her identity.
The trial continued with four of the eight defendants were present, and none of the original defence lawyers, until the judge adjourned proceedings until Wednesday.
Saddam and his seven co-defendants are accused of ordering the deaths of more than 140 Shiite Muslims in Dujail after a failed bid to assassinate him there in 1982. The defendants could face death by hanging if convicted.
Saddam's trial has been plagued by delays since it started on Oct. 19, with the murders of two defence lawyers and another judge's decision last month to step down.
Heading into Sunday's session, Saddam's defence team said they would file motions challenging the court's independence and legitimacy because of the shake-up among the judges.
Saddam plans to sue Bush, Blair for 'war crimes'
Updated Thu. Jan. 26 2006 11:32 PM ET
Associated Press
BAGHDAD — Saddam Hussein's chief lawyer said Thursday that the deposed Iraqi president wants U.S. President George W. Bush and British Prime Minister Tony Blair tried on allegations of committing war crimes.
Khalil al-Dulaimi said Saddam wants to sue both leaders, along with U.S. Defence Secretary Donald Rumsfeld for allegedly authorizing the use of weapons such as depleted uranium artillery shells, white phosphorous, napalm and cluster bombs.
"We will sue Bush, Blair and Rumsfeld in The Hague for using such weapons of mass destruction," said al-Dulaimi in a telephone interview from Jordan.
No complaint has been filed to the International Criminal Court in The Netherlands, but al-Dulaimi said Saddam's foreign defence team will present it "very soon."
"President Saddam intends to bring those criminals to justice for their mass killings of Iraqis in Baghdad, Ramadi, Fallujah and Qaim and abusing prisoners at Abu Ghraib," the lawyer added.
Saddam also wants all Iraqis who have had relatives killed or had property damaged to receive at least $500,000 US each, he said.
There have been several allegations that the United States used outlawed weapons, such as napalm, in the November, 2004 Fallujah offensive, but the Pentagon denied using it.
In November, the Pentagon acknowledged that U.S. troops used white phosphorous shells as a weapon against insurgent strongholds in the same Fallujah battle, adding that they are a standard weapon and not banned by any international weapons convention to which the U.S. is a signatory.
Use of white phosphorous is covered by Protocol III of the 1980 Convention on Conventional Weapons, which prohibits use of the substance as an incendiary weapon against civilian populations and in air attacks against military forces in civilian areas.
The United States is not a signatory to the convention.
U.S. soldiers have also claimed they have fallen ill to exposure to depleted uranium artillery shells in Iraq, but the Pentagon has said metal does not cause ailments.
Depleted uranium is the hard, heavy metal created as a byproduct of enriching uranium for nuclear reactor fuel or weapons material.
Most studies have indicated that depleted uranium exposure will not harm soldiers.
But a 2002 study by Britain's Royal Society said soldiers who ingest or inhale enough depleted uranium could suffer kidney damage. It cautioned that there were too many uncertainties in the study to draw reliable conclusions.
Saddam, his half brother Barzan Ibrahim and six other defendants are on trial in the 1982 killing of more than 140 Shiite Muslims after an attempt on Saddam's life in the northern town of Dujail. They could face death by hanging if convicted.
But the trial, which started Oct. 19, has been complicated by the killings of two defence lawyers, courtroom brawls and Tuesday's postponement amid the replacement of the tribunal's top two judges. The case is set to resume Sunday.
Saddam trial set to resume with new judge
Updated Sat. Jan. 28 2006 11:35 PM ET
Associated Press
BAGHDAD — The troubled Saddam Hussein trial resumes Sunday with a new judge and with international human rights groups saying political interference is threatening the tribunal's independence.
Saddam and his seven co-defendants are charged in the deaths of about 140 Shiite Muslims, reputedly killed in retaliation for a failed assassination attempt against the former Iraqi leader in the Shiite town of Dujail in 1982. The defendants could face death by hanging if convicted.
The trial, which began Oct. 19, has been plagued by delays, chaotic outbursts by Saddam and the assassination of two defence lawyers.
The proceeding was due to resume last Tuesday after a month's break but was postponed for five days because court officials said some witnesses had not returned from the Muslim pilgrimage to Mecca, Saudi Arabia.
However, court officials told The Associated Press the main reason for the delay was that judges were upset by a decision to appoint and then remove another chief judge to replace Rizgar Mohammed Amin, a Kurd who stepped down Jan. 15.
Chief prosecutor Jaafar al-Mousawi told The AP that Raouf Rasheed Abdel-Rahman, a Kurdish jurist, was expected to head the five-judge panel when the session resumes in Badhdad's heavily guarded Green Zone.
Amin cited health reasons for his decision to step down. But politicians had complained about the slow pace of the proceedings and Amin's patience in the face of frequent outbursts by Saddam and one of his co-defendants, Barzan Ibrahim.
Amin's deputy, Saeed al-Hammash, had been expected to take over as chief judge but was moved off the case after allegations he once was a member of Saddam's Baath party. Al-Hammash, a Shiite, denied Baath membership, saying he was the victim of a conspiracy.
One of Saddam's defence lawyers said his team would file several motions Sunday questioning the court's independence and legitimacy because of Amin's resignation.
"The trial is going through a legal crisis,'' lawyer Khamis al-Obeidi said. "The new chief judge needs a long time to familiarize himself with the details of the case.''
He said Amin's departure alone "is enough to prove that the trial is not fair.''
Similar questions also were raised by Human Rights Watch, which expressed doubt even before the proceeding started in October about whether Saddam and the others could receive a fair trial before an Iraqi court.
"The resignation of Judge Amin and the transfer of Judge al-Hammash mean that two of the five judges who have heard the witness testimony are now off the case,'' Richard Dicker, a Human Rights Watch official, said in a statement. "It will be difficult for the new judges to impartially evaluate the testimony they missed, damaging the integrity of the trial.''
Miranda Sissons of the International Center for Transitional Justice, an observer at the trial, also expressed concern about political pressure "and the degree of turnover'' in the judicial panel.
"We need consistency and regularity for the court to have credibility,'' she said by telephone from New York.
The trial has been dogged with problems from the outset, and critics have questioned whether the proceedings could be held in a country racked by insurgency. Shiites and Kurds, the communities that suffered the most under Saddam, now dominate the government.
Saddam's outbursts also have delayed the proceedings. He boycotted one session after thundering that "I will not come to an unjust court! Go to hell!''
Ibrahim, his half brother and co-defendant, has been more belligerent, insulting a judge and the prosecutors and frequently interrupting the proceedings.
Shiite Prime Minister Ibrahim al-Jaafari, some of whose relatives were executed or tortured during the Saddam administration, has publicly complained of the trial's slow pace.
"We are not trying to land on the moon here,'' he once said, arguing that Saddam's crimes were beyond a shred of doubt.
On Saturday, al-Jaafari said had the "highest consideration'' and respect for Amin.
"We are trying to convince him to continue his mission,'' he said.
One tribunal judge said efforts continued to persuade Amin to reconsider and that Abdel-Rahman, his replacement, may end up presiding over two or three sessions before his predecessor's possible return. The judgespoke on condition of anonymity because of the subject's sensitivity.
Saddam leaves court as trial erupts into chaos
CTV.ca News Staff
A defiant Saddam Hussein was escorted out of court after his trial erupted into pandemonium on Sunday, shortly after it resumed under a new presiding judge.
The new chief judge Raouf Abdel-Rahman began the proceedings with a show of authority, stressing in an opening statement that he would not tolerate "political speeches" and "if any defendant crosses the lines, he will be taken out of the room and his trial will be carried out with his absence."
Abdel-Rahman is under pressure to deal firmly with the defendants after his predecessor resigned amid criticism he was being too soft on Saddam's frequent courtroom tirades.
Sunday's proceedings, the first in over a month, disintegrated almost immediately into yelling and insults.
One of Saddam's high-profile co-defendants, Barzan Ibrahim, who is believed to be suffering from cancer, launched into a complaint about his medical treatment.
The judge ordered him to sit down, shouting, "One more word and I'm throwing you out."
When Saddam's half-brother and former intelligence chief refused to sit, Ibrahim shouted that the court was a "daughter of a whore" as he was dragged out by court guards.
As they scuffled, Saddam stood and shouted, "Down with the traitors. Down with America."
When defence lawyers joined the chorus of protest, Abdel-Rahman shouted, "Is this a street demonstration, are you lawyers?"
The Kurdish judge turned to defence lawyer, Salih al-Armouti, a Jordanian who recently joined the team, and asked if courts in his country would allow such behavior.
"My country gives me my rights," al-Armouti replied.
Abdel-Rahman ordered guards to take al-Armouti out of the court, saying, "You have incited your clients and we will start criminal proceedings against you."
The rest of the defence team stormed out in protest, despite the judge's threat that, "Any lawyer who walks out will not be allowed back into this courtroom."
Though Abdel-Rahman appointed four new defence lawyers, Saddam stood and rejected them.
Holding a copy of the Qur'an and other papers under his arm, he said he wanted to leave.
"You do not leave, I allow you to leave when I want to," Abdel-Rahman said.
"For 35 years, I administered your rights," Saddam responded angrily, referring to his time in power.
"I am the judge and you are the defendant. You have to obey me," Abdel-Rahman hit back.
After an argument with the judge, during which Saddam banged his hands on the dock and was pushed back into his chair by guards, the judge said that Saddam should also be removed and he was escorted out of the room.
Two other defendants also rejected their new lawyers and were allowed to leave.
Order was later restored when the court began hearing an anonymous female prosecution witness who testified from behind a beige curtain to protect her identity.
The trial continued with four of the eight defendants were present, and none of the original defence lawyers, until the judge adjourned proceedings until Wednesday.
Saddam and his seven co-defendants are accused of ordering the deaths of more than 140 Shiite Muslims in Dujail after a failed bid to assassinate him there in 1982. The defendants could face death by hanging if convicted.
Saddam's trial has been plagued by delays since it started on Oct. 19, with the murders of two defence lawyers and another judge's decision last month to step down.
Heading into Sunday's session, Saddam's defence team said they would file motions challenging the court's independence and legitimacy because of the shake-up among the judges.
Saddam plans to sue Bush, Blair for 'war crimes'
Updated Thu. Jan. 26 2006 11:32 PM ET
Associated Press
BAGHDAD — Saddam Hussein's chief lawyer said Thursday that the deposed Iraqi president wants U.S. President George W. Bush and British Prime Minister Tony Blair tried on allegations of committing war crimes.
Khalil al-Dulaimi said Saddam wants to sue both leaders, along with U.S. Defence Secretary Donald Rumsfeld for allegedly authorizing the use of weapons such as depleted uranium artillery shells, white phosphorous, napalm and cluster bombs.
"We will sue Bush, Blair and Rumsfeld in The Hague for using such weapons of mass destruction," said al-Dulaimi in a telephone interview from Jordan.
No complaint has been filed to the International Criminal Court in The Netherlands, but al-Dulaimi said Saddam's foreign defence team will present it "very soon."
"President Saddam intends to bring those criminals to justice for their mass killings of Iraqis in Baghdad, Ramadi, Fallujah and Qaim and abusing prisoners at Abu Ghraib," the lawyer added.
Saddam also wants all Iraqis who have had relatives killed or had property damaged to receive at least $500,000 US each, he said.
There have been several allegations that the United States used outlawed weapons, such as napalm, in the November, 2004 Fallujah offensive, but the Pentagon denied using it.
In November, the Pentagon acknowledged that U.S. troops used white phosphorous shells as a weapon against insurgent strongholds in the same Fallujah battle, adding that they are a standard weapon and not banned by any international weapons convention to which the U.S. is a signatory.
Use of white phosphorous is covered by Protocol III of the 1980 Convention on Conventional Weapons, which prohibits use of the substance as an incendiary weapon against civilian populations and in air attacks against military forces in civilian areas.
The United States is not a signatory to the convention.
U.S. soldiers have also claimed they have fallen ill to exposure to depleted uranium artillery shells in Iraq, but the Pentagon has said metal does not cause ailments.
Depleted uranium is the hard, heavy metal created as a byproduct of enriching uranium for nuclear reactor fuel or weapons material.
Most studies have indicated that depleted uranium exposure will not harm soldiers.
But a 2002 study by Britain's Royal Society said soldiers who ingest or inhale enough depleted uranium could suffer kidney damage. It cautioned that there were too many uncertainties in the study to draw reliable conclusions.
Saddam, his half brother Barzan Ibrahim and six other defendants are on trial in the 1982 killing of more than 140 Shiite Muslims after an attempt on Saddam's life in the northern town of Dujail. They could face death by hanging if convicted.
But the trial, which started Oct. 19, has been complicated by the killings of two defence lawyers, courtroom brawls and Tuesday's postponement amid the replacement of the tribunal's top two judges. The case is set to resume Sunday.