|
No clemency for condemned Saddam aides
11.9.2007
|
|
|
|
Judge says execution of Saddam regime officials does
not need presidential decree amid controversy
September 11, 2007
BAGHDAD, -- The executions of three former
regime officials can be carried out without
presidential decrees because of the scale of their
crimes, a judicial official said Monday after an
outcry over plans to hang a former defense minister.
The statement by Munir Hadad, a judge and spokesman
for the Iraqi High Tribunal, appeared to pave the
way for the hanging in the next few weeks of the
three men despite
objections by President Jalal
Talabani and the Sunni vice president
Tariq al-Hashemi.
Defense Minister Sultan Hashim Ahmad al-Tai was
convicted along with Saddam's cousin "Chemical Ali"
al-Majid and Hussein Rashid Mohammed, former deputy
operations director of the Iraqi armed forces, of
genocide, war crimes and crimes against humanity for
their role in the massacre of thousands of Kurds two
decades ago.
All three were convicted of genocide, war crimes and
crimes against humanity in June for their role in
the brutal crackdown that killed up to 182,000
Kurdish civilians and guerrillas
known as "Operation Anfal."
But questions were raised last week over the
legality of the decision as Talabani said he would
not sign off on it. Al-Hashemi and members of the
condemned man's tribe and family warned his death
could incite sectarian violence at a time when the
government is working for national reconciliation.
Talabani, a Kurdish leader whose revolt against
Saddam led to the crackdown for which the three were
convicted, said he had reservations against hanging
former Iraqi army officers who were acting under
threat of death from Saddam if they disobeyed.
He spoke warmly of al-Tai, saying he "had contacts"
with the Kurds during Saddam's regime and "we were
urging him to work against the government."
"So how can I now vote for his execution? I will
never ever do that," Talabani said Friday.
Talabani also raised the legal point that the
execution order was never cleared with the
presidency council, which includes him and the two
vice presidents, one a Shiite and the other a Sunni. |
Ali Hassan al-Majid, first cousin of executed
dictator Saddam Hussein and also known as 'Chemical
Ali', 'Butcher of Kurdistan' sentenced to death over Kurdish genocide, AP
Former military and army leader Sultan Hashim Ahmad
al-Jabburi al-Tai argues prosecution evidence during
the 'Anfal' genocide trial in Baghdad, 2006. Iraqi
President Jalal Talabani said he would not sign the
execution order of Tai |
|
The constitution says the three must sign off on
death sentences, but Iraqi legal experts are divided
over whether that rule applies to the special court
trying former regime figures for horrific crimes.
Hadad, the spokesman for court overseeing the
Saddam-era trials, said the constitution and the
court's law are clear that the death sentence cannot
be commuted for such convicts and the punishments
must be carried out within 30 days.
"It does not need a presidential decree," he said at
a news conference.
Article 71 in Iraq's constitution states that a
special amnesty against the death sentence can be
granted except for those charged with international
crimes, terrorism and financial and administrative
corruption.
"Genocide and crimes against humanity are considered
international crimes," Hadad said.
Adding to the confusion, prosecutor Jaafar al-Moussawi
said a government advisory committee, the State
Shura Council, had ruled that the presidency council
must agree to an execution.
Al-Hashemi also said he had no doubt that the
council must agree to the hanging, and he called for
a stay of execution unless Talabani and the others
approve.
Defence lawyer Badie Aref told reporter on Monday
that he had been informed by an Iraqi official that
Majid would be hanged "within 48 hours."
Haddad declined to comment other than to say that
the execution date would not be announced in
advance.
AP | AFP
Top |
Kurd Net
does not take credit for and is not responsible for the content of news
information on this page
|
® 