Saddam Trial - Is it fair??

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Posted: 13 years ago

 

Here is a news..... so what do you think..... Is the trial fair ???

Saddam trial grossly unfair, says rights body
[ 20 Nov, 2006 1018hrs ISTREUTERS ]

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BAGHDAD: The Iraqi court that sentenced Saddam Hussein to hang this month was guilty of shortcomings so serious that a fair trial for the former president was all but impossible, an international rights watchdog said on Monday.

There were so many procedural flaws that the verdict could be viewed only as unsound, New York-based Human Rights Watch (HRW) said in a 97-page report on the trial, which it said was among the most important since Nuremberg after World War Two.

It lambasted Iraqi government officials for making statements it said had undermined the independence of the court.

"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," said Nehal Bhuta, author of the report that was based on dozens of interviews with judges, prosecutors and defence lawyers.

Saddam and seven others went on trial a year ago for crimes against humanity over the killing and torture of hundreds of people from Dujail after gunmen tried to kill Saddam there.

The United States opposed an international tribunal, despite concerns Iraq's violence could stand in the way of justice.

The death penalty imposed on Saddam and two co-defendants this month came as little surprise to observers of the chaotic, stop-start trial that was marred by the murder of three defence counsel and the resignation of the first chief judge.

"The attitude of the cabinet towards the court and the trial is one of a consumer who pays money for a product," one judge told HRW. "The government treats the court like a factory."

The report said the judiciary lacked the expertise for such a complex trial and urged the government to let experienced international jurists take part directly in future trials.

Paper Muddle

It said the court, which sat for 40 days, heard 70 witnesses and accumulated 1,000 pages of documents, failed to give defence lawyers important documents in advance, lost track of paperwork and kept no written transcript.

Statements of 29 prosecution witnesses were read into the record without them being available for cross-examination.

The report expressed concern over the high turnover of judges on the five-member panel during the trial. Three left the bench and a fourth was frequently absent because of ill-health.

It described the behaviour of second chief judge Raouf Abdel Rahman in court as erratic for repeatedly losing his temper, insulting defendants and making unexplained decisions, in one case refusing to let a defence lawyer question his own witness.

Relations between Rahman and defence counsel, who frequently boycotted proceedings, were "poisoned", it said.

Court-appointed counsel stepped in to defend the accused but they had inadequate training in international law and in July had to work in an office with no computers, HRW said.

HRW accepted defence complaints they were not given enough security, although the court says they refused it. The report also said the defence counsel seemed more concerned in making political statements.

"At stake is not only justice for hundreds of thousands of victims but, as at Nuremberg, the historical record itself," it said. "Executing (Saddam) while other trials are ongoing will also deprive many thousands of victims of their day in court."
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Posted: 13 years ago

Mr Kulkarni ji!!!

This is Kalyug.In this ghor kalyug how can we expect a fair trial for the leader of the defeated country.Earlier several centuries back even enemies were treated decently,had fair trial but now its impossible.No bodoy can do anything for Saddam because he does'nt deserve a bit of humanity !!!! But as I said earlier (in another post) Saddam needs to be punished but USA does'nt have that right!!!

Cheers,

Mythili

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Posted: 13 years ago
What I feel is there are many admirers of Saddam as well..... afterall he was a leader of the state, If he is given a death sentence, a particular section will take it as shahid against USA. That is he will be a hero forever. Rather keep him alive and give him even bitter punishment of 1000 kode per day or something like that. That will also be a lesson for many people and he wont remain as hero forever.
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Posted: 13 years ago

Saddam trial flawed: Human Rights Watch

Monday, November 20, 2006

Source: PTI
Image Source: AFP

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New York: Terming the trial of ousted Iraqi President Saddam Husseinas flawed, a US-based human rights groups has accused the Iraqi government of influencing the judges.

Hussein was sentenced to death on November five after being convicted for crimes against humanity.

The trial by the Iraqi High Tribunal was marred by so many procedural and substantive flaws that imposition of death penalty was indefensible, the Human Rights Watch said, adding that the verdict was "unsound."

"The proceedings in the Dujail trial were fundamentally unfair," Nehal Bhuta of the International Justice programme at Human Rights Watch and author of the 97-page report released today said.

"The tribunal squandered an important opportunity to deliver credible justice to the people of Iraq."

"The Iraqi High Tribunal was undermined from the outset by Iraqi government actions that threatened the independence and perceived impartiality of the court. Members of Parliament and even ministers regularly denounced the tribunal as weak, leading to the resignation of the first presiding trial judge," it noted.

The shortcomings of the trial, for the killings of more than 100 people from the Iraqi town of Dujail, also call into question subsequent proceedings at the tribunal, the report said. 

http://content.msn.co.in/News/International/InternationalPTI _201106_1119.htm

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Posted: 13 years ago
Saddam is reeping what he sowed. If Unfair, then so be it. All is fair in war.

"The proceedings in the Dujail trial were fundamentally unfair," Nehal Bhuta of the International Justice programme at Human Rights Watch and author of the 97-page report released today said.

sure, but fundamentally unfair were also his brutal killings. Unfair was taliban in Afganistan creating a living hell there. Unfair is also the situation in darfur. To many, life is unfair, lets face it.

"Fighting to provide Human rights?" .. very noble thoughts.... but how about woking to fight for rights of innocent people and WHEN DONE, come back to provide a fundamentally judicial fair trial to terrorists ;)

mQT
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Posted: 13 years ago
Originally posted by mythili_Kiran


But as I said earlier (in another post) Saddam needs to be punished but USA does'nt have that right!!!

 Mythili !!!!...  Saddam has been sentenced by Iraqi court and not USA.!!!!

 Saddam has met his fate. What goes around comes around!!!!

Edited by lighthouse - 13 years ago
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Posted: 13 years ago

Originally posted by mermaid_QT




"Fighting to provide Human rights?" .. very noble thoughts.... but how about woking to fight for rights of innocent people and WHEN DONE, come back to provide a fundamentally judicial fair trial to terrorists ;)

mQT

Even at the risk of being labelled unfair, I think that is the most fair thing to do for a human rights organisation. Perhaps they can do more service if they looked after the needs of thouands orphaned everyday around the world than keeping a hawk eyed sight on a highly publicised trial of a murderer to gain some easy publicity Dead.

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