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Defence asks Dutch court to dismiss Iraqi
genocide trial of chemicals trader
10.12.2005
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THE HAGUE, Dec 9
(AFP) - 18h41 - Lawyers for a Dutch chemicals trader
accused of aiding genocide by selling poison gas
ingredients to the Iraqi regime of Saddam Hussein on
Friday asked the court to dismiss the case, ANP news
agency said.
Frans van Anraat, 63, is on trial in the Netherlands
for supplying the former Iraqi regime with
ingredients for nerve gas used for attacks on the
Kurdish population of Iraq and Iran in the 1980s.
He is the first person to appear in court on
genocide charges over the 1988 poison gas attacks on
the Kurdish town of Halabja in northern Iraq.
The massacre, which killed more than 5,000 people in
a single day, also features among the preliminary
charges against the former Iraqi dictator, who is
currently on trial in Baghdad.
On Wednesday the prosecution asked for a 15-year
prison sentence for van Anraat.
In their closing argument Friday his defence lawyers
argued that the Dutch court had to dismiss the case
because a trial against the alleged principal
perpetrators of the crimes, like Saddam Hussein, was
ongoing in Iraq.
The defence also said the prosecution violated the
equality principles in Dutch law because it was only
prosecuting van Anraat and not one of his Dutch
business partners.
Finally they argued that there was insufficient
evidence to prove their client's guilt. |

Frans Van Anraat
Photo: Internet

Former dictator Saddam Hussein
Photo : AFP |
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In the 1980s van Anraat acted as a sort of middleman
buying chemicals on the world market and selling
them on to Iraq despite export bans in place.
The materials he supplied included thiodiglycol and
phosphorus oxychloride, both described as
ingredients for mustard and nerve gases.
Van Anraat has admitted to selling the chemical
components to Iraq, but maintains that he was not
aware of the use to which they were put.
Under Dutch law suspects of war crimes, torture and
genocide can be tried in the Netherlands even if the
crimes were not committed on Dutch soil as long as
the suspects reside here.
The court is expected to hand down a ruling in the
case on December 23. The court will not only have to
consider whether van Anraat is guilty but also if
the Halabja massacre can be qualified as a genocide.
AFP
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