Uncharged Saddam to make court appearance

Baghdad - Iraq's interim government says it is ready to take legal custody on Wednesday of Saddam Hussein and other former officials of his ousted government.

But the announcement revealed the limits of Iraq's vaunted "sovereignty", as Prime Minister Iyad Allawi said the detainees would remain under the physical custody of the US-led multinational occupation force.

Saddam and 11 others from his toppled former government are to appear in court on Thursday to hear the charges against them, which are likely to include crimes against humanity and war crimes.

Besides Saddam, Iraqis are to take legal custody of Ali Hassan al-Majid; also known as Chemical Ali, former deputy prime minister Tariq Aziz, ex-deputy president Taha Yasin Ramadan and two of Saddam's half brothers.

Upon their arraignment, the dozen US military detainees will be given the status of Iraqi criminal suspects, which gives them the right to attorneys or appointed counsel, Salim Chalabi, a lawyer leading the work of a tribunal that is to try Saddam, said.

Chalabi said the trials of Saddam and other senior figures would likely not begin before 2005. Some suspects could be indicted in the autumn but "the senior ones will not be indicted for some time," he is quoted as saying.

"Then after that ... the trials would start maybe in a few months further down the line."

French lawyer Emmanuel Ludot, one of a 20-strong team appointed by Saddam's wife to represent him, said the deposed Iraqi leader would refuse to acknowledge any court or any judge.

Already there are pretrial negotiations over permitting Saddam's foreign legal team to work in Iraq, whether to televise the proceedings and whether to reinstate the harshest penalty in Iraq's legal code: death by hanging.

But the trial could contribute to the upheaval in Iraq by polarising Saddam's supporters and detractors, said Walid Muhammad al-Shibibi, a Baghdad attorney and editor of a legal journal.

Iraqi law has no restrictions on televising trials, but some could be imposed if the judge wishes, al-Shibibi and others said.

A team of 20 foreign lawyers appointed by Saddam's wife Sajidah might not be permitted to represent him, al-Shibibi said.

Ziad al-Khasawnah, one of Saddam's would-be defence attorneys, said in Amman, Jordan, that the defence team planned to go to Iraq but that Allawi's interim government had not said whether it would provide security.

"How can the defence team go to a country where it doesn't enjoy any protection? They will kill us there," said an angry al-Khasawnah.

Al-Shibibi said there are Iraqi lawyers who would agree to represent the former government. Few would consent to release their identities, nor for that matter, would prosecutors, he said. Already, lawyers working in Iraq's justice system have received death threats.

Saddam's defence lawyers, following a meeting with the International Committee of the Red Cross, wherein they requested the safety of and immediate access to their client, reiterated the former Iraqi president has to be dealt with according to Statutes of the Iraqi Special Tribunal.

Adopted by the Iraqi Prosecuting Authorities, the defence lawyers stressed that the Statutes include that the accused shall be entitled to a fair hearing conducted impartially and to minimum guarantees, which include:

- to be informed promtly and in detail of the nature, cause and content of the charge against him;

- to have adequate time and facilities for the preparation of his defence and to communicate freely with the counsel of his own choosing in confidence.

- to be tried without undue delay

- to be tired in his presence and to defend himself in person or through legal assistance of his own choosing, to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require and without payment by him in any such case if he does not have sufficient means to pay for it..., and

- not to be compelled to testify against himself or to confess guilt

The proceedings will rely on a mix of Iraqi criminal law, international regulations such as the Geneva Conventions and experiences of bodies such as the Rwanda war crimes tribunal.

Thursday's appearance at the tribunal, housed in a courthouse with a prominent clock tower inside Baghdad's sealed-off Green Zone, is expected to be filmed for public release.

The pictures would offer the first bit of video since Saddam's 13 December capture, when a clip showed the bushy-bearded leader opening his mouth for a dental examination.

The trial of the 67-year-old Saddam stands to be the most sensational case in Iraqi history. -- Al Jazeera

Click Here To Have Your Say On This Story

Brudirect.com News