BAGHDAD, Dec 5
(Reuters) - The trial of Saddam Hussein resumed in
Baghdad on Monday, but was disrupted almost at once
when the defence team walked out of court in a
protest over the legitimacy of the tribunal and the
security of lawyers.
The lawyers, including former U.S. Attorney General
Ramsey Clark, walked out after the chief judge
refused to hear their complaints immediately. Saddam
stood up, declared the court was appointed by U.S.
occupiers and shouted "Long live the Arab state."
After a 40-day adjournment to give counsel more time
to prepare a defence for the former president and
seven associates accused of crimes against humanity,
the judge had granted a further delay last week to
find replacements for defence lawyers who had been
assassinated or fled Iraq in fear of their lives.
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Former dictator Saddam Hussein
Photo : AFP
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Saddam, tieless in a white shirt and dark suit,
entered the court, which opened about an hour later
than expected at just after 11 a.m. (0800 GMT), and
greeted his co-defendants.
From the defence counsel bench, lead lawyer Khalil
al-Dulaimi began a motion questioning the court's
legitimacy.
Up to five witnesses were set to testify as the
prosecution pushes ahead with a case criticised at
home and abroad.
The trial, which opened on Oct. 19, is held in the
heavily fortified Green Zone government compound in
central Baghdad, which once housed Saddam's own
presidential palace complex.
Security has been a major concern, not least since
two defence lawyers have been killed, prompting last
Monday's week-long adjournment to find replacements.
Central Baghdad's streets were gridlocked by
security measures. Iraq's national security adviser
said on Sunday that a plot to rocket the courthouse
had been thwarted when weapons were found in
Baghdad, although he gave no details.
CONFLICT OF INTEREST
On the eve of its resumption, a member of the
five-judge panel stood down citing potential
conflict of interest because one of Saddam's
co-defendants had been linked to the killing of the
judge's brother, court officials said. An alternate
judge took his place on Monday, the officials said.
The session may go on for up to three days, with up
to 11 witnesses appearing. Eight will have their
identities concealed in one way or another, a
practice that could raise doubt about the defence's
access to witnesses.
At the second court session held on Nov. 28,
proceedings were adjourned for a week to give two of
the eight defendants time to find new defence
attorneys after two lawyers were assassinated and
another fled the country.
The U.N. representative for human rights in Iraq
said on Sunday Saddam's trial would never meet
international standards of fairness and
transparency.
SYSTEM OF JUSTICE
"Weakness in the system of administration of
justice, in addition to the antecedents surrounding
the establishment of this tribunal, will never be
able to produce the kind of process that would be
able to satisfy international standards," John Pace
told Reuters in an interview.
Further delays in the trial are expected ahead of
Dec. 15 parliamentary elections.
Saddam's defence team has already filed another
motion declaring that, as former president, he has
sovereign immunity and a third motion asking for
more time to prepare. Chief judge Rizgar Mohammed
Amin has not ruled on any of those motions.
International observers have raised concerns about
the court, which operates under a mix of Iraq's
criminal code, some international statutes and
others written specifically for the tribunal, which
was originally formed under U.S. occupation.
They are also worried about the amount of time the
defence has had to prepare for a complex case
involving allegations of crimes against humanity
connected to the deaths of 148 men after an attempt
on Saddam's life in 1982.
Reuters
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