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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh

Issue No: 261
November 11, 2006

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Law Watch

Amnesty International deplores death sentences in Saddam Hussein trial

"Every accused has a right to a fair trial, whatever the magnitude of the charge against them. This plain fact was routinely ignored through the decades of Saddam Hussein's tyranny." - Malcolm Smart, Director of Amnesty International's Middle East and North Africa Programme.

The Supreme Iraqi Criminal Tribunal (SICT) imposed the death sentence on Saddam Hussein and two of his seven co-accused on 6 November, after a trial that was deeply flawed and unfair. The former Iraqi dictator was sentenced in connection with the killing of 148 people from al-Dujail village after an attempt to assassinate him there in 1982.

The trial began in October 2005, almost two years after Saddam Hussein was captured by US forces, and ended last July. The verdict was originally due to be announced on 16 October, but was delayed because the court said it needed more time to review testimony.

"This trial should have been a major contribution towards establishing justice and the rule of law in Iraq and in ensuring truth and accountability for the massive human rights violations perpetrated by Saddam Hussein's rule," said Malcolm Smart.

"In practice, it has been a shabby affair, marred by serious flaws that call into question the capacity of the tribunal, as currently established, to administer justice fairly, in conformity with international standards.

"[Saddam Hussein's] overthrow opened the opportunity to restore the basic right [to a fair trial] and, at the same time, to ensure, fairly, accountability for the crimes of the past. It is an opportunity missed and made worse by the imposition of the death penalty."

Amnesty International (AI) has been monitoring the trial and finds that political interference undermined the independence and impartiality of the court, prompting the first presiding judge to resign and blocking the appointment of another. The court failed to take adequate measures to ensure the protection of witnesses and defence lawyers, three of whom were assassinated during the course of the trial.

Saddam Hussein was also denied access to legal counsel for the first year after his arrest, and complaints by his lawyers throughout the trial relating to the proceedings do not appear to have been adequately answered by the tribunal.

The case is now expected to go for appeal before the SICT's Cassation Panel following which, if the verdict were to be upheld, those sentenced to death are to be executed within 30 days. AI will now follow closely the appeal stage, where the evidence, as well as the application of the law can be reviewed, and the SICT has an opportunity to redress the flaws of the previous proceedings.

However, given the grave nature of the flaws in the process and the fact that many of them continue to afflict the current trial before the SICT, where Saddam Hussein is accused of genocide and other crimes during the Anfal campaign against Iraqi Kurds, AI urges the Iraqi government to seriously consider other options. These could include adding international judges to the tribunal, or referring the case to an international tribunal -- an option suggested by the UN Working Group on Arbitrary Detention last September.

Source: Amnesty International.


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