ICTJ in the News

November 25, 2005

Witness safety big risk before Saddam trial resumes

Reuters

By Luke Baker

BAGHDAD, Nov 25 (Reuters) - Saddam Hussein's trial enters a dramatic new phase when it resumes on Monday as witnesses take the stand for the first time, a move that has international observers concerned after the murder of two defence lawyers.

Witnesses, around 30 of whom were too scared to come to the opening of the trial on Oct. 19, will choose whether to give evidence from behind a screen or curtain, officials close to the court have said, with security now at a premium.

Within days of the trial getting under way last month, two defence lawyers were hunted down and killed and a third has since fled the country after persistent threats, prompting some parties to call for the trial to be moved abroad.

Those demands have been rejected by the Iraqi High Tribunal, the U.S.-funded body trying Saddam and other members of his regime. But security remains a big concern, not only for defence lawyers and witnesses but for judges and prosecutors too.

"The recent murder of two defence lawyers in the trial demonstrates the urgent need to protect those lawyers as well as witnesses," said Richard Dicker, an international law expert with rights and advocacy group Human Rights Watch.

"However, all arrangements for witness protection must be consistent with fair trial guarantees."

Lawyers for Saddam and his seven co-defendants, all charged with crimes against humanity in the deaths of 148 men following a failed attempt on Saddam's life in 1982, had threatened to boycott Monday's session if their security was not guaranteed.

The exact arrangements have not been revealed, but defence teams are now expected to return to court on Monday after security options were put to them and U.S. authorities promised to help investigate the murder of their colleagues.

While witnesses are theoretically under a protection programme, international justice groups have concerns about its effectiveness and worry it does not guard defence witnesses in the same way as prosecution witnesses.

"Those giving evidence are going to be frightened and they need to have absolute assurances of their safety after they've appeared in court," said Miranda Sissons, a senior associate at the International Center for Transitional Justice.

"That's extremely difficult in a place like Iraq."

MOTIONS TO CONSIDER

The appearance of witnesses opens the way for a dramatic court session as townspeople and families of the victims relate the events of July 1982, when Saddam's presidential motorcade was shot at by a group of Shi'ite Muslim gunmen hidden in date palm groves outside Dujail, a town just north of Baghdad.

However, before testimony can be heard, the chief judge -- head of a five-judge panel -- will have to rule on various outstanding defence motions, including one for an adjournment.

At the first court session, the chief judge, Rizgar Mohammed Amin, granted a 40-day delay in proceedings, but didn't specify why and didn't specifically rule on a defence request for more time to prepare for the complex, high-profile trial.

International legal observers believe defence attorneys could legitimately ask for more time as they have had relatively little opportunity to study the prosecution dossier, and have at the same time had security concerns to contend with.

"We will look very carefully at how the judges respond to motions submitted by the defence, including requests for more time to allow adequate preparation," said HRW's Dicker.

Barring a successful defence motion for another delay, the trial is widely expected to proceed for at least three days. After that, with Iraqi elections set for Dec. 15, when security risks will be high, another postponement is expected.

While Monday's session will be the second time Saddam has appeared in court, it will actually be the third court session.

Late last month judges and court officials took taped testimony from a former intelligence officer as he lay in his hospital bed suffering from cancer. The witness has since died.