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To: kumar who wrote (211257)12/29/2006 11:26:26 PM
From: stockman_scott  Respond to of 281500
 
Iraq's Shallow Justice
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Saddam's trial has been a missed opportunity for the government to respect human rights

by Richard Dicker*

Published on Friday, December 29, 2006 by the Guardian / UK

The imminent execution of Saddam Hussein and two other former Iraqi officials marks a further step away from respect for human rights and the rule of law in a deeply polarised and violent Iraq. For 15 years Human Rights Watch and other organisations documented rights violations committed by the former government. There is no question that Saddam and his cohort were responsible for horrific practices. But by ratifying the execution order the tribunal's appeals chamber has compounded the serious errors committed at trial and further undermined the credibility of the process.

The trial judgment was not finished when the verdict and sentence were announced on November 5. The record only became available to defence lawyers on November 22. According to the tribunal's statute, the defence attorneys had to file their appeals on December 5, which gave them less than two weeks to respond to the 300-page trial decision. The appeals chamber never held a hearing to consider the legal arguments presented as allowed by Iraqi law. It defies belief that the appeals chamber could fairly review a 300-page decision together with written submissions by the defence and consider all the relevant issues in less than three weeks.

This follows a trial whose serious flaws rendered the verdict unsound. The trial was undermined from the start by persistent political interference from the Iraqi government. Furthermore, the rights of the defendants were systematically denied by failures to disclose key evidence to the defence. There were also serious violations of the defendants' rights to confront witnesses testifying against them. Most disturbing were the frequent lapses of judicial demeanour by the trial's second presiding judge. In January, the first chief judge resigned in protest over the public criticism of his trial management practices by leading officials.

These failures contrast with the seriousness of the cases before the tribunal. For the first time since the postwar Nuremberg trials, almost the entire leadership of a repressive government faced trial for gross human rights violations. It offered the chance to create a historical record of some of the regime's unspeakable rights violations and to begin the process of accounting for the policies and decisions that gave rise to them. Trials conforming to international standards of fairness would have been more likely to ventilate and verify the historical facts, contribute to the public recognition of the experiences of victims, and set a more stable foundation for democratic accountability. Instead, unlike the Nuremberg trials, the proceedings have fallen far short of creating the reference point that could clarify for Iraqis what happened and why.

The death sentence is a further step away from respect for human rights. The death penalty, regardless of the crimes involved, is tantamount to cruel and inhuman punishment. For an Iraq where, one hopes, human rights and the rule of law will one day be respected, Saddam's punishment is an important benchmark. The execution order signals the shallowness of the government's commitment to basic human rights in meting out punishment.

The momentary elation over Saddam's demise among those who suffered under his regime will not outweigh or outlast the loss of a unique opportunity to establish a clear record of his regime's criminality. The flawed trial and a fast-track execution send a clear signal that political interference is still very much a feature of the judicial process in the new Iraq.

*Richard Dicker is the international justice director of Human Rights Watch

© Guardian News and Media Limited 2006



To: kumar who wrote (211257)12/30/2006 12:32:12 AM
From: KLP  Respond to of 281500
 
Whatever kumar. This news says that the execution happened before Eid al-Adha. The two links on the bottom show that the different groups of Muslims have different times that are the start of this Muslim Holiday.

Saddam Hussein hanged, says Al Hurra TV station By Mariam Karouny
50 minutes ago

news.yahoo.com

U.S.-backed Iraqi television station Al Hurra said Saddam Hussein had been executed by hanging shortly before 6 a.m. (0300 GMT) on Saturday.

Arabic satellite channel Arabiya also reported the execution had taken place.

The former Iraqi president ousted in April 2003 by a U.S.-led invasion was convicted in November of crimes against humanity over the killings of 148 Shi'ite villagers from Dujail after a failed assassination bid in 1982.

An appeals court upheld the death penalty on Tuesday and the government rushed through the procedures to hang him by the end of the year and before the Eid al-Adha holiday that starts on Saturday, coinciding with the haj pilgrimage to Mecca.

The government had kept details of its plans shrouded in secrecy amid concerns it could spark a violent backlash from his former supporters with Iraq on the brink of civil war.

The execution will delight Iraq's majority Shi'ites, who faced oppression during Saddam's three-decade rule, but may anger some in his resentful Sunni minority.

Some Kurdish leaders had sought a delay so they too could see justice for the man they accuse of genocide against them.

Saddam's conviction on November 5 was hailed by President Bush as a triumph for the democracy he promised to foster in Iraq after the invasion almost four years ago.

With U.S. public support for the war slumping as the number of American dead approaches 3,000, Washington is likely to welcome the death of Saddam, despite misgivings among many allies about capital punishment.

But the hanging could complicate efforts by Shi'ite Prime Minister Nuri al-Maliki to heal Iraq's sectarian divisions with violence spiralling out of control and threatening to pitch the country into full-scale civil war.

Once the belligerent strongman of the Middle East, Saddam's power crumbled when U.S. tanks swept into Baghdad in April 2003. He fled and was captured in December that year by U.S. soldiers who found him hiding in a hole near his hometown of Tikrit.

During his three decades in power, Saddam was accused of widespread oppression of political opponents and genocide against Kurds in northern Iraq. His execution means he will never face justice on those charges.

Defiant to the end, Saddam insisted during his trial that he was still the president of Iraq.

He said in a letter written after his conviction in November that he offered himself as a "sacrifice."

"If my soul goes down this path (of martyrdom) it will face God in serenity," he wrote in the letter.

(Additional reporting by Alastair Macdonald, Ibon Villelabeitia, Claudia Parsons in Baghdad and Suleiman Khalidi in Dubai)

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