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Saddam Genocide trial resumes with new
chief judge
20.9.2006
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BAGHDAD, September 20, -- The trial of ousted
leader Saddam Hussein and six co-defendants resumed
in a Baghdad court on Wednesday.
Saddam and his aides are facing genocide charges for
killing tens of thousands of Iraqi Kurds in 1988.
The session started with new chief judge Mohammed
Oreibi al-Khalifa after the government rapped former
chief judge Abdullah al-Amiri for saying that Saddam
is "not a dictator."
Saddam's cousin, Ali Hassan al-Majid, known as
"Chemical Ali," and five former commanders face
charges of genocide for their role in Anfal, which
the chief prosecutor said left 182,000 people dead
or missing.
All the main charges in Anfal carry the death
penalty.
Saddam is also awaiting a possible death sentence
verdict for a separate case involving killing of
some 148 Shiites.
today Saddam Hussein was ordered to leave the
courtroom at his trial today after defence lawyers
walked out in a protest against the replacement of
the chief judge.
Mohammed Oreibi al-Khalifa, a Shia Muslim Arab, was
presiding over the proceedings for the first time in
place of Abdullah al-Amiri, who was removed
yesterday after he was accused of being too soft on
the former Iraqi leader.
However, when the session began with Mr Khalifa in
charge, the defence lawyers questioned the
impartiality of the trial. Reading a statement on
behalf of the defence team, one of the lawyers,
Wadoud Fawzi, told the court: "We don't expect from
this court, established under the occupation
authorities, to be fair, so we decided to withdraw
from this trial.
"The decision to sack the judge at the orders of the
government shows that this trial lacks the standards
of a fair trial." |

New Chief judge Mohammed Oreibi Al-Khalifa on Saddam genocide
trial. Photo:AP

Former dictator Saddam Hussein (R), Ali Hassan Al-Majeed
known as "Chemical Ali" (L)
Photo : AFP |
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Mr Khalifa said replacing the chief judge was an
"administrative matter". When the lawyers protested,
the judge said the court would appoint new counsel.
Saddam said he wanted his lawyers to stay and
protested against court-appointed counsel. "This is
our personal right," Saddam shouted. He pointed his
finger at the judge and pounded his fist on the
podium. "You must deal with us as the law dictates,"
Saddam said.
Mr Khalifa asked him to stop talking, but Saddam
refused, prompting the judge to order him out of the
courtroom. A fiery exchange between the two men
ensued.
Saddam told the judge: "Your father was in the
security [forces] and he went on working as a
sergeant in the security [forces] until the fall of
Baghdad" - a reference to the 2003 US-led war that
toppled Saddam's regime.
"I challenge you in front of the public if this is
the case," Mr Khalifa shouted in response to
Saddam's claim.
Saddam's cousin Ali Hassan al-Majid, known as
Chemical Ali, told Mr Khalifa that he also rejected
court-appointed lawyers. "I'll stay [in the
courtroom], but I'll decline to say anything or
defend myself and I'll gladly accept any verdict,
even if it's the death penalty."
The judge then resumed the session, calling in an
elderly Kurdish witness to take the stand.
The Iraqi high tribunal, the country's supreme
court, had asked for Mr Amiri, the previous chief
judge, to be replaced in a letter sent to the prime
minister, Nouri al-Maliki. Mr Maliki approved the
request yesterday, according to an Iraqi government
official.
Hussein al-Duri, an aide to Mr Maliki, said one
reason for Mr Amiri's replacement was the judge's
comments last week in a court session, in which he
told Saddam, "You were not a dictator."
Mr Duri told Al-Arabiya television: "The head of the
court is requested to run and control the session,
and he is not allowed to violate judicial
regulations. It is not allowed for the judge to
express his opinion."
Mr Amiri's comment angered many Kurds and Shia,
fuelling their criticism that he was too lenient
with Saddam. Prosecutors in the trial had already
asked for Mr Amiri to be replaced after he allowed
Saddam to make outbursts at Kurdish witnesses during
a court session.
The court is currently trying Saddam, Majid, and
five others for war crimes and crimes against
humanity for their role in the 1988 Anfal campaign
against Kurds in the late 1980s. The prosecution
alleges some 180,000 people died in the campaign,
many of them civilians killed by poison gas. Saddam
and Majid also face the graver charge of genocide.
All could face death by hanging if convicted.
This is Saddam's second trial. In his first trial -
over alleged atrocities against Shiites in the town
of Dujail - the chief judge stepped down halfway
through the 9-month proceedings, saying he could no
longer put up with criticism from officials that he
was too lenient in allowing courtroom outbursts by
Saddam and his co-defendants.
He was replaced by a far tougher judge who several
times threw out defendants and defence lawyers he
said were behaving unacceptably.
A verdict in the Dujail trial is expected on October
16.
AP
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