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Saddam Should Face Iraqi Justice: Law Experts

Bremer attends a news conference after the capture of Saddam

By Radwa Hassan, IOL Staff

CAIRO, December 14 (IslamOnline.net) - Captured Iraqi President Saddam Hussein should stand an Iraqi trial under Arab-International supervision to guarantee a fair trail for the former strong man of Iraq, an Egyptian law expert commented Sunday, December 14.

Abdullah Al-Ashal, professor of law and former undersecretary of Egyptian Ministry of Foreign Affairs, told IslamOnline.net that he could not trust any court formed by the U.S.-appointed Interim Governing Council.

"The Council is under U.S. control and is made up of opponents of Saddam's regime, so it is necessary for international bodies to co-try the captured president," he said.

The diplomat also said that the Arab League should dispatch observers to take part in the planned trial "which should be publicly to send a strong message to Saddam's ilk of dictators".

Saddam was captured Saturday night in a raid by U.S. forces backed by Kurdish fighters in his northern hometown of Tikrit. The ground-breaking news was only made public Sunday afternoon.

News televisions showed a videotape of a bearded Saddam in detention and undergoing medical checks.

Despite the crimes committed by Saddam, Ashal added, he should have access to defense lawyers, noting that the proposed court should appoint a lawyer if no one stepped forward to defend the prisoner.

He warned of any U.S. interference in Saddam's trial, arguing Saddam is one of arch enemies of the U.S.

Ashal also hinted at the possibility of brining Saddam to the International Court of Justice, given that he invaded Kuwait and allegedly committed crimes outside the Iraqi soil.

No Legal Grounds

Ibrahim Youssri, an international law expert, agreed that neither the Americans nor the Governing Council were entitled by law to try Saddam.

"Because the current regime in Iraq is appointed by the United States, so any trial by either of them would be null and void," Youssri told the Dubai-based Al-Arabiya news channel.

Bahiudin Hassan, the director of Cairo Human Rights Center, expected that Saddam would be put on trial after forming a democratically-elected Iraqi authority.

Speaking to IOL, Hassan also agreed that international law does not allow the U.S. to try Saddam outside Iraq.

But he also said that the United Nations might form a special tribunal on par with the one formed to former Yugoslavian dictators.

On the role of rights organizations in the trial, Hassan said that they do not have any role, in effect, but added that they could help present hard evidence on Saddam's alleged crimes.

Meanwhile, members of the Iraqi Council, for their part, asserted at a press conference that Saddam would face "a fair and civilian trial".

Adnan Bachachi, a veteran member of the Iraqi council and its current interim head, pledged that Saddam would face "a fair and public trial", saying that he would have access to lawyers.

Amnesty International spokeswoman Nicole Choueiry, for her part, told Al-Arabiya that Saddam should be well-treated and should enjoy the rights of a prisoner of war if treated as such.

She further said that Saddam should contact the International Committee of the Red Cross (ICRC), which would guarantee a fair and transparent trial.

Although U.S. forces had succeeded in capturing many of the most-wanted officials from Saddam's regime, and in killing his two sons, Saddam had remained at large with a 25-million-dollar bounty on his head.

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