Iraqis Want Saddam Tried in Baghdad-Death Penalty Should Not be Included-Human Rights Watch

AP | 12/14/03 | SLOBODAN LEKIC

[kattracks]

BAGHDAD, Iraq, Dec 14, 2003 (AP Online via COMTEX) -- The interim Iraqi government said Sunday it wants to try Saddam Hussein before a special tribunal, but a human rights group voiced deep concern about the legitimacy of the newly established panel. The United States reserved judgment.

Iraq's new leaders want Saddam to face the tribunal they established last week specifically to hear cases involving leading members of the Saddam regime accused of genocide and other crimes against humanity.

"We will deal with Saddam Hussein," said Adnan Pachachi, a member of the 25-seat interim Governing Council. "He was an unjust ruler responsible for the deaths of thousands of people."

Lt. Gen. Ricardo Sanchez, the top U.S. military commander in Iraq, said the American-led coalition must still decide on Saddam's status.

"At this point, that has not been determined. We continue to process Saddam at this point in time, and those issues will be resolved in the near future," Sanchez told reporters at the coalition's Baghdad headquarters.

Before Saddam's capture, top U.S. officials in Baghdad had privately acknowledged the former dictator likely would be handed over to the new Iraqi government to stand trial.

Amnesty International, however, criticized the new Iraqi tribunal as flawed. It demanded that Saddam - as commander in chief of Iraq's armed forces - be classified as a prisoner of war.

The legal codes for the new, five-judge tribunal, were based on international law, including existing U.N. war crimes tribunals - such as those for Rwanda and the former Yugoslavia - and those used by the International Criminal Court.

The newly established tribunal is expected try cases stemming from mass executions of Iraqi Kurds in the 1980s, as well as the suppression of uprisings by Kurds and Shiite Muslims soon after the 1991 Gulf War.

It also will try cases committed against Iran - Iraq's enemy in a bloody 1980-88 war - and against Kuwait, which Iraq invaded in 1990, sparking the Gulf War.

The Governing Council decree establishing the tribunal left a final decision on using the death penalty to a transitional government scheduled to assume full sovereignty by July 1.

"Saddam will stand a public trial so that the Iraqi people will know his crimes," said Ahmad Chalabi, another member of the Governing Council.

Human rights activists also welcomed Saddam's arrest because of accusations he committed gross human rights violations, including war crimes and crimes against humanity.

"But like any other criminal suspect he is entitled to all relevant safeguards under international law, including the right not to be subjected to torture or ill-treatment, and of course the right to receive a fair trial, a defense lawyer and the minimum safeguards as any other prisoner," said Nicole Shoueiry, a spokeswoman for London-based Amnesty International.

She noted that as Iraq's president, Saddam also had been commander in chief of the military and should therefore be afforded the status a prisoner of war and given prompt access to the international Red Cross.

Human rights groups cautioned that the Iraqi decree establishing the new tribunal was fundamentally flawed because it was proclaimed by an unelected body and without consultation with the Iraqi people or the international community.

Activists also said the decree did not ensure that guilt must be proven beyond reasonable doubt.

"Another concern is the death penalty," Shoueiry said. "He should be punished for his crimes, but the death penalty is not included. That goes without saying."

Like other human rights groups, Amnesty International is vehemently opposed to capital punishment, and has repeatedly called for the abolition of the death penalty throughout the world.

New York-based Human Rights Watch also warned that the new tribunal law lacked key provisions to ensure legitimate and credible trials.

It also said the authorities must not be allowed to mount a political show trial, adding that foreign prosecutors and investigative judges should be called in because the Iraqi judicial system lacked experience in organizing trials "lasting more than a few days."

"It's ... important that the trial is not perceived as vengeful justice," said Kenneth Roth, the group's executive director.

By SLOBODAN LEKIC Associated Press Writer

[Cicero]

Sounds like a good idea. The Iraqis could probably do a better job than we could. We've never been much good at show trials, not since Nuremberg.

As for the legality, liberals are extremely confused. There is NO legality in international law unless sovereign states consent to it by treaty. Sovereign states, on the other hand, have a perfect right to set up systems of justice to try criminals. Iraq will soon be a sovereign state.

[Husker24]

I was listening to NPR on the way home from McDonalds and they were actually worried that he might not get a fair trial in Iraq..........lol...Boo Hoo.

[Maigrey]

'Scuse me, members of Amnesty International, but if you wanted safeguards for him, you should have been leading the charge to capture him. Since you didn't, pipe down.

[ItisaReligionofPeace]

I can't believe anyone even interviews them. What they say or think has absolutely no impact on what will happen. Even worse, they are way out of the mainstream.

[ItisaReligionofPeace]

As Michael Savage has said, extreme liberalism is a mental illness.

[68skylark]

"Another concern is the death penalty," Shoueiry said. "He should be punished for his crimes, but the death penalty is not included. That goes without saying."

These people have some sick and twisted priorities. That goes without saying.

[Libertina]

I don't recall Human Rights Watch voicing any concerns when Saddam et al was feeding live humans feet first into a wood chipper...

[ItisaReligionofPeace]

Right, I'm sure the perverts in Brussels will be much better.

[Prodigal Son]

I hope they give him a square trial and then chop his head off, on video of course, and I hope the entire Arab world gets a chance to see it televised.

[Psycho_Bunny]

"It's ... important that the trial is not perceived as vengeful justice"

Uh....justice is metered vengeance

[Morgan's Raider]

The Allies had it right with the Nazi war criminals. Execute, then cremate or bury in unmarked graves. Render them non-existent ands leave no monuments for the die-hards to rally around. A permanently imprisoned Saddam would be a living rally point for terrorists and Islamofascists around the world.

Screw AI, HRW, and their leftist ilk.

[TomasUSMC]

Poor Al Gore, no sooner does he throw his support behind the antiwar Deanster when ole Sadham is captured. And if that weren't bad enough, ole Lieberman come out with a dousey," If Dean had his way Saddam would still be in power!". Poor Al.

USA USA USA USA USA USA USA!

[Arpege92]

"I don't recall Human Rights Watch voicing any concerns when Saddam et al was feeding live humans feet first into a wood chipper."

I suspect they were not voicing concerns because Saddam was paying them to keep quiet.

[schaketo]

Amnesty International, however, criticized the new Iraqi tribunal as flawed.

These are the same maggots that would have left Saddam in power. Did these idiots ever go after him and his cronies? No. Not likely. They would rather play it safe a go after democracies that allow freedom of speech. Makes for great fund raising.

[EggsAckley]

Yup.....Eggsackley!!!!

[MAGEE]

Ditto Ditto on all the posts here.

I firmly believe Amnesty International would go against any success the United States might try to set up. As I understand it, there will be a War Crimes trial in Iraq and the Iraqi people will decide his fate.

I hope they can keep him alive and well until that time.

Maybe Amnesty International would like to take turns guarding him in the prison.

[Viking2002]

Ah, it didn't take long for the leftist, anti-American peace pukes to jump into the fray.

[Jmouse007]

Bill Richardson just gave us the democrats line on how to handle Sadman, Sadam:

"Yes Sadam was guilty of crimes against Iraqis, but he is guilty of INTERNATIONAL CRIMES AGAINST HUMANITY, Kuwait, Iran, etc... THEREFORE, while the Iraquis should hold the trial, the UNITED NATIONS SHOULD BE INVOLVED AND SHOULD ESSENTIALLY HAVE THE FINAL SAY OVER THE DISPOSITION OF THE CASE ALA MILOSAVICH!... He should be mined for information... yadda, yadda, yadda."

I am sure the Iraqis will be overjoyed to hear this and want to willingly give "justice" over to the UN... NOT!

The democRATic party, what a bunch of sleaze bag losers.

[mitchbert]

Sentence Saddam to be beaten to death with old shoes by a mob of Iraqi citizens who lost family members in his torture cells.

Broadcsat it live to the world.

[Jmouse007]

CORRECTION: Bill Richardson on FOX NEWS just gave us the democrats line on how to handle Sadman, Sadam: