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BAGHDAD (Iraq): Iraq's
Prime Minister Iyad Allawi said on Tuesday that deposed
President Saddam Hussein and up to 11 top detainees would be
transferred on today, Wednesday to Iraqi legal custody.
Allawi made the announcement during his first news conference
held since the US-led coalition transferred sovereignty to the
Iraqi interim government.
Faces Charges on Thursday
Iraqis and the world will get their first glimpse of Saddam
Hussein since his capture in December when he and 11 of his
top lieutenants are brought to court Thursday to face war
crimes charges.
Already there are pre-trial 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: hanging by the neck until dead.
In-depth
Iraq will take legal custody of Saddam from the U.S. Army
today, Wednesday and the former dictator is to make his first
court appearance Thursday, where he will be informed of the
charges in his arrest warrant, Prime Minister Iyad Allawi
announced Tuesday.
Salem Chalabi, director of the Iraqi Special Tribunal that
will try Saddam, said 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
December-13 capture by U.S. soldiers, when a clip showed the
bushy-bearded leader opening his mouth for a dental
examination.
Upon their arraignment, the dozen U.S. military detainees will
be given the status of Iraqi criminal suspects, which gives
them the right to attorneys or appointed counsel, Chalabi
said.
Saddam's Lieutenants
The first batch of Saddam's lieutenants to face the tribunal
include Ali Hassan al-Majid, also known as "Chemical Ali";
former Vice President Taha Yassin Ramadan; former deputy Prime
Minister Tariq Aziz; and two of Saddam's half brothers.
The moves to try Saddam are a sign of Iraqis taking matters
into their own hands after U.S. administrators turned over
power Monday — though some 160,000 U.S.-led foreign troops
remain to protect Allawi's government from a relentless
insurgency.
Violence Persists
Violence persisted Tuesday, when a roadside bomb in Baghdad
killed three Marines and wounded a fourth. Four Iraqis —
including police and civilians — were killed in other attacks
around the country.
Allawi said he requested that coalition forces keep Saddam and
other top prisoners in a U.S. lockup "until correction
services are fully capable of providing for their safety" and
secure detention.
Most Sensational Case
The trial of the 67-year-old Saddam, still months away, stands
to be the most sensational case in Iraqi history, igniting
Iraqi interest like the O.J. Simpson trial fascinated
Americans. The O.J. trial highlighted rifts between black and
white Americans; Saddam's case is expected to bare the chasm
between the Iraqis who benefited from his 24-year rule, and
those whom it scarred.
"Everyone who lost loved ones to Saddam will want to see
this," said Hamid al-Bayati, Iraq's new deputy foreign
minister and a leader of the main Shiite Muslim party.
He noted that Saddam's victims are estimated in the hundreds
of thousands or more, which means a huge segment of the 26
million Iraqis want to watch him answer for those crimes.
The Charges
The crimes against humanity for which Saddam is expected to be
tried include the 1988 chemical weapons massacre of Kurds in
Halabja, the slaughter of Shiites during a 1991 uprising in
southern Iraq, the 1990 invasion of Kuwait and the 1980-88
Iran-Iraq war.
"On the street, people just won't be able to believe that they
are seeing this," Chalabi said. "There has been a suspicion
among Iraqis that Saddam Hussein and other detainees are not
going to get tried. If people see that the rule of law is
established, it will have a positive impact."
But the trial could contribute to the upheaval in Iraq by
polarizing Saddam's supporters and detractors, said Walid
Mohammed al-Shibibi, a Baghdad attorney and editor of a legal
journal.
"This will escalate into terrorist attacks," he said.
No Restrictions for Live TV Telecast
Iraqi law has no restrictions on televising trials, but some
could be imposed if the judge wishes, al-Shibibi and others
said.
Iraqi officials insist Saddam and the others will get fair
trials. Asked whether justice includes the possibility that
Saddam might walk out a free man, perhaps on a legal
technicality, al-Bayati said there was "no chance at all."
"The whole world will see this," said al-Bayati, who said he
was tortured in Saddam's prisons in the 1970s. "He won't be
able to walk free."
Allawi said his Cabinet is discussing reinstating Iraq's death
penalty, which was suspended by American occupation chief L.
Paul Bremer.
Fate of the Defence Lawyers?
A team of 20 foreign lawyers appointed by Saddam's wife
Sajidah might not be permitted to represent him, al-Shibibi
said.
The only foreign lawyers permitted to defend Iraqis without
special permission are Palestinians and Syrians, he said.
Others must seek approval from the Iraqi Bar Association, he
said. The job of trying and representing Saddam involves
personal risk.
Ziad al-Khasawneh, one of Saddam's would-be defense attorneys,
said in Amman, Jordan, that the defense team planned to go to
Iraq but that Allawi's government had not said whether it
would provide security.
"How can the defense team go to a country where it doesn't
enjoy any protection? They will kill us there," said an angry
al-Khasawneh.
Al-Shibibi said there are Iraqi lawyers who would agree to
represent what he phrased the deposed President as 'the
dictator'. 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.
The trial itself won't take place for months. 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. As much as 30
tons of documents and other evidence must be culled.
Backdrop
In an April interview with National Public Radio, Chalabi said
the evidence includes a 1983 document describing procedures to
be followed in killing 5,000 members of the Kurdish Barzani
tribe. He said there is also a tape recording of what sounds
like Saddam ordering those killings.
And then there are the potential witnesses, which could be
said to include almost every Iraqi.
"If I'm asked to testify I would be willing," al-Bayati said.
"But there are so many others who suffered more. There are
more serious eyewitnesses."
Kuwait resumes diplomatic Ties with Iraq
As a new development, Kuwait on Tuesday announced the
resumption of diplomatic relations with Iraq severed since
Saddam Hussein's forces invaded in 1990.
Following the transfer of sovereignty to an Iraqi government
the state of Kuwait announces the re-establishment of
diplomatic relations with its Arab republic sister," a Kuwaiti
foreign affairs spokesman said in a statement.
Kuwait will send an ambassador to Baghdad at a later date, the
spokesman added, stressing that the move showed Kuwait's
desire to cooperate and coordinate with Iraq in the interests
of the two fraternal countries and their peoples and to
consolidate the foundations of security and stability in the
region.
Bomb Kills one in Kirkuk
A report from Kirkuk says that a roadside bomb exploded as a
senior Kurdish police official was heading to work on Tuesday,
killing one of this guards and wounding him.
Maj. Ahmed al-Hamawandi, the head of police in the Kurdish
district of Azadi in Kirkuk, suffered minor injuries in the
attack,said police Col. Sarhat Qader.
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