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This is an archive article published on January 26, 2006

Judges argue: Who should run Saddam trial

Now even the judges are bickering. After a monthlong recess, Saddam Hussein’s trial was supposed to resume on Tuesday in Baghdad, but i...

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Now even the judges are bickering. After a monthlong recess, Saddam Hussein’s trial was supposed to resume on Tuesday in Baghdad, but it was abruptly postponed until Sunday as judges argued over who should lead the court.

The five-member tribunal trying the case has been in turmoil since January 15, when chief judge Rizgar Mohammed Amin resigned amid complaints from Iraqi politicians that he had failed to control Saddam during the proceedings. On Monday, the jurist named to replace Amin was removed, and Raouf Rasheed Abdel-Rahman was brought in to serve as chief judge.

But Abdel-Rahman has not been among the judges trying the case since it began on October 19, raising questions about his ability. Saddam’s lawyers quickly latched on to the confusion, arguing it proves that the tribunal is under political pressure and it cannot provide Saddam with a fair trial.

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‘‘This court is not independent,’’ former US Attorney General Ramsey Clark, who is an adviser to Saddam’s legal team, said. ‘‘How do you begin a trial before five judges, then bring in new people?’’ One tribunal member said that the court had been subjected to outside interference in selecting a new chief judge. ‘‘Matters are not in our hands,’’ he said.

Saddam and seven officials of his ousted regime are on trial in the summary executions of 146 Shia Muslims in the village of Dujail after a 1982 assassination attempt on the Iraqi dictator. All eight men face a maximum sentence of death by hanging.

From its start, the trial has been marred by delays, the assassination of two defence lawyers, and courtroom outbursts by Saddam and several co-defendants. Saddam has complained that he was tortured while in US custody and has frequently lectured the judges on Iraqi law. Since the Iraqi tribunal was created in December 2003, human rights groups have urged US officials and the Iraqi government to hand Saddam over to an international tribunal.

Rights groups say Iraqi judges do not have experience in dealing with complicated war crimes cases and that they could be pressured by politicians. But US and Iraqi officials have refused to accept an international trial. — LAT-WP

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