Saddam Verdict Unsound, Says Rights Watchdog

The trial of Saddam Hussein was flawed and its verdict unsound, an international human rights organisation said today.

In a 97-page report, Human Rights Watch (HRW) said it found a series of "serious procedural errors" that amounted to an unfair trial for the former Iraq dictator.

Earlier this month, Saddam and two of his co-accused were sentenced to death by hanging after being convicted of crimes against humanity.

Today HRW, which is against the death penalty in general, said the death sentence against Saddam was "an inherently cruel and inhumane punishment", and in the wake of "an unfair trial" was "indefensible".

The group accused the authorities of failing to disclose key evidence to the defence and not allowing witnesses to be cross-examined. It also questioned the impartiality of the judge.

Saddam was sentenced following the first of a series of trials that he faces. The first trial was focused on the violent revenge attacks that killed more than 100 residents of the town of Dujail following an attempt to assassinate Saddam there in 1982.

Nehal Bhuta, one of the authors of the report, said: "The proceedings in the Dujail trial were fundamentally unfair.

"The tribunal squandered an important opportunity to deliver credible justice to the people of Iraq. And its imposition of the death penalty after an unfair trial is indefensible."

HRW said its report was the most comprehensive analysis so far of the trial, which began in October 2005. The Iraqi court was created in 2003, after the US-led invasion, to prosecute cases of human rights violations in Iraq.

The report is based on 10 months of observation and dozens of interviews with judges, prosecutors and defence solicitors.

HRW said members of the Iraqi government undermined the court, denouncing it as weak, leading to the resignation of the first judge.

As well as the death sentence for Saddam and two other defendants, four defendants received prison terms ranging from 15 years to life.

An appeal has been launched against the verdict and sentences. Last week, Saddam's lawyer complained that the court was ignoring his requests for documents to appeal against the guilty verdict.

An appeals court is expected to rule on the verdict and death sentence by mid-January. Saddam's defence team must present an appeal to a higher, nine-judge panel by December 5.

Mr Bhuta said: "The tribunal failed to meet basic fair trial standards in its first trial. Unless the Iraqi government allows experienced international judges and lawyers to participate directly, it's unlikely the court can fairly conduct other trials."

There was no immediate comment on the HRW report from Iraqi court officials.

By Guardian Unlimited © Copyright Guardian Newspapers 2008
Published: 11/20/2006
 
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