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 Chemicals Trader 'Frans van Anraat' Appeals Iraq Conviction

 Source : AP
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Chemicals Trader 'Frans van Anraat' Appeals Iraq Conviction  26.4.2007




April 26, 2007

THE HAGUE, Netherlands, -- A Dutch businessman appealing his war crimes conviction for selling Iraq banned chemicals during its war with Iran drew praise from Saddam Hussein's regime for his efforts, prosecutors said Wednesday on the closing day of the proceedings.

Not only did Frans van Anraat "expose himself to extremely dangerous consequences" by selling the chemicals, he also did so "at a reasonable price compared to other offers," according to a 1992 letter from Iraq's secret service to the Mideast country's Industry Ministry cited by prosecutors.

Van Anraat was convicted in 2005 of complicity in war crimes and sentenced to the maximum 15 years for selling to Saddam chemicals that were turned into poison gas that killed thousands of Kurds and Iranians.

But the court ruled it was not proven that Van Anraat knew the chemicals would be used as part of what prosecutors called a genocidal campaign against Kurds in northern Iraq, and cleared him of complicity in genocide. 

Prosecutor Simon Minks urged a four-judge panel in The Hague Appeals Court to also convict Van Anraat, 64, of the genocide charge, which carries a maximum 30-year sentence.

"Prosecutors consider it proven beyond reasonable doubt that the suspect Van Anraat is complicit in genocide carried out by the former Iraqi regime against the Kurdish population in 1987 and 1988 and complicit in war crimes committed against the Iranian population from 1986-1988," Minks said.

Frans van Anraat, a Dutch businessman who sold chemicals to Saddam used in gas attacks on Kurdish villages in Iraq in the 1980s

Former dictator Saddam Hussein
Photo : AFP


Van Anraat's lawyers argued for acquittal, saying the court cannot find him guilty beyond reasonable doubt because it is very unlikely the judges have the full picture of who was selling chemicals to Iraq at the time.

They also have argued that Van Anraat's trial was unfair because several witnesses, including Saddam's cousin Ali Hassan al-Majid, known as Chemical Ali, were not called to testify.

Prosecutors also urged judges not to reduce Van Anraat's 15-year sentence.

Van Anraat's chemical sales to Iraq "are so ... objectionable that they deserve the maximum sentence even if that is only 15 years," Minks said. "The sentence should send a message to others here and overseas who are engaged in similar evil practices."

The appeals court is scheduled to deliver its decision May 9.

AP

About Frans van Anraat

Frans Cornelis Adrianus van Anraat (born August 9, 1942 in Den Helder) is a Dutch businessman who sold raw materials for the production of chemical weapons to Iraq during the reign of Saddam Hussein.

During the 1970's Van Anraat worked at engineering companies in Italy, Switzerland and Singapore that were building chemical plants in Iraq. Having learned about the trade in chemicals, he founded his own company, "FCA Contractor", based in Bissone, Switzerland. From 1984 he supplied thousands of tons of chemicals to Iraq.

Among these chemicals were the essential raw materials for producing mustard gas and nerve gas. Both gases were used during the Iran-Iraq war between 1980-1988 as well as during an attack the military carried out on Iraqi Kurds in 1988, in which some 5,000 people were killed. This attack was part of the Al-Anfal campaign of the Iraqi regime against Kurds in the north of the country.

After his arrest and release in Italy in 1989, Van Anraat fled to Iraq, where he lived for the next 14 years. When Saddam's regime fell in 2003, Van Anraat returned to the Netherlands. He was arrested on December 6, 2004 for complicity to war crimes and genocide. On December 23, he was sentenced to fifteen years in prison for complicity to war crimes, but the court argued the charges of complicity to genocide could not be substantiated.

The public prosecutor appealed the verdict. This case is also notable, because it established that the chemical bombings in North Iraq constituted genocide according to the Convention on the Prevention and Punishment of the Crime of Genocide.

Soon after his arrest, Dutch newspapers reported that Van Anraat had been an informer of the Dutch secret service AIVD.

Van Anraat is the only Dutchman ever to appear on the FBI's most wanted list. 

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