Saddam and his top five aides

BAGHDAD, June 30 (IslamOnline.net & News Agencies) - Iraq's interim government took legal custody of ousted president Saddam Hussein and 11 of his top aides from the US-led military on Wednesday, June 30.

"Iraq has received legal authority of the former president Saddam Hussein," said Girgis Sada, the interim government's spokesman, reported Agence France-Presse (AFP).

"He has not met any high-ranking Iraqi officials. The justice system took him under its authority because it is a legal procedure," Sada explained.

A second Iraqi government official said 11 other top officials from the toppled regime were also in Iraqi legal custody.

The US-led military confirmed the legal transfer had taken place.

"Today at 10:15 (0615 GMT) ... Iraq assumed legal custody of Saddam," a US military official said on condition of anonymity.

Ali Hassan Al-Majid, blamed for the 1988 gassing of the Kurds, former deputy prime minister Tareq Aziz, ex-vice president Taha Yassin Ramadan and former defense minister Sultan Hashim Ahmad are among the 11.

Sabir Abdul Aziz Al-Douri, head of military intelligence, and Kamal Mustafa Abdullah, the commander of the elite Republican Guard, have been also handed over to the Iraqis.

Charges

The government spokesman added that Saddam and the other eleven regime members will be charged by the Special Iraqi Tribunal on Thursday, July 1.

"Today Saddam Hussein will receive in his place of detention a letter detailing the accusations against him. Tomorrow, he will be taken under escort and the judge will read him the accusations before charging him, according to Iraqi legal procedure," he told AFP.

"The charges against Saddam Hussein are multiple and especially concern mass graves, disappearances, attacks against Kurds, corruption and complaints by various people against him," he added.

"Saddam is priority number one and the 11 others accused will appear later the same day. For security reasons, the name of the judge who will charge them is still being kept secret, but tomorrow the whole world will see."

But the spokesman said the legal process would not be quick, adding the "hearing will be long, it could take months."

The spectacle of a handcuffed Saddam brought before an Iraqi judge under heavy security is expected to be televised and the images beamed around the world.

Interim Prime Minister Iyad Allawi said on Tuesday, June 29, the day after the US-led occupation handed power to his interim government, that Saddam and the 11 others would remain guarded by US forces despite being in Iraqi legal custody.

He said all the "high-value" detainees would have the right to legal counsel but could also represent themselves.

Saddam will most probably face war crime charges over the suppression of the 1991 Shiite and Kurdish uprisings, the use of chemical weapons against the Kurds in 1988, the launching of the 1980-1988 Iran-Iraq war, and the 1990 invasion of Kuwait.

Death Penalty Reinstated

"We took some decisions including re-establishing the death penalty," said Yawer

Meanwhile, Iraqi President Sheikh Ghazi Al-Yawer said Wednesday the interim Iraqi government has approved reinstating the death penalty.

"We held a meeting shortly after the transfer of power, during which we took some decisions including re-establishing the death penalty," Yawer told the London-based Arabic daily Asharq Al-Awsat.

He added that the decision would be announced in the "near future".

Sada confirmed that the issue had been discussed by the Council of Ministers and that the "decisions will be announced today (Wednesday) or tomorrow".

Separately, Justice Minister Malik Dohan Al-Hassan told the Italian newspaper La Repubblica that Saddam would be condemned to death if he is found guilty of the most serious charges.

"If there is evidence proving the most serious charges, the special court set up during the occupation will be able to sentence him to death," Malik was quoted as saying.

"For crimes against humanity, genocide, use of chemical weapons, capital punishment can be applied."

US occupation troops captured the former strongman of Iraq in December as he was discovered hiding in a small hole at a farm near his hometown of Tikrit.

The US Defense Department named Saddam a prisoner of war after much legal wrangling and has been holding him at an unknown location.

Law experts had said that Saddam should stand an Iraqi trial under Arab-International supervision to guarantee a fair trail.

The International Committee of the Red Cross (ICRC) said on Monday, June 14, that Saddam must either be released from the custody of the US occupation or charged by June 30, when the new Iraqi government takes over in accordance with international law.