ICTJ in the News

October 21, 2005

Lawyer's murder taints Saddam trial -rights groups

Reuters

(Carried by The Guardian, others)

By Luke Baker and Ibon Villelabeitia

BAGHDAD, Oct 21 (Reuters) - Legal and human rights groups said on Friday the murder of a defence lawyer on Saddam Hussein's trial for crimes against humanity is damaging to the U.S.-backed court and calls into question its fairness.

Saadoun Janabi was found shot dead shortly after being kidnapped on Thursday by armed men who identified themselves as Interior Ministry employees.

Janabi had represented Awad al-Bander, a former top Iraqi judge who appeared in court with Saddam and six other men on Wednesday at the start of their trial.

Janabi, a personal friend of Saddam, was one of the few lawyers to address the court, which was broadcast around the world. Only one of the five judges revealed his identity to the cameras.

"This could have a chilling effect on the willingness of competent lawyers to vigorously defend the accused and that could have a fatal effect on the fairness and effectiveness of the trial," Richard Dicker, head of Human Rights Watch's international justice programme, told Reuters.

The case, which opened in a Baghdad courtroom amid tight security, is the first against Saddam, who faces charges of crimes against humanity and may also be charged with war crimes and genocide for offences during his nearly three decade rule.

Rights groups, who have called for an international trial abroad, away from Iraq's escalating violence which has pushed the country to the brink of civil war, urged the Shi'ite-led government to rapidly bolster security for the proceedings.

Specifically, they called for equal protections for defence attorneys and witnesses as have been granted to prosecutors and judges in the landmark case.

The trial was adjourned until Nov. 28 after the judge said witnesses were "too scared" to testify.

"We and other rights groups have long had concerns about an effective witness protection programme for this trial," Miranda Sissons, a senior associate with the International Center for Transitional Justice, told Reuters.

"This murder highlights the lack of attention the court is paying to the defence and the defence's offices, which has implications for the equality of the trial."

Both Dicker and Sissons were present as observers at the heavily guarded courtroom inside Baghdad's "Green Zone" complex.

Khamal Hamdoon Mulla Allawi, head of Iraqi Bar Association, said: "The goal behind this horrible crime is to shake the course of justice."

GOV'T DENIES ROLE, OFFERS SECURITY

The killing of Janabi, which throws a brutal twist into an already charged case, comes as Saddam's once dominant Sunni Arab minority wages a bloody insurgency against the Shi'ite- and Kurdish-led government. Rights groups have warned a trial seen as "victor's justice" might exacerbate violence.

Witnesses said Janabi's kidnappers -- all heavily-armed and wearing suits and ties -- had identified themselves as employees of the Interior Ministry, often accused by Sunni groups as sanctioning hit squads run by Shi'ite militiamen.

The government has consistently denied the charges, although the government spokesman and Baghdad-based diplomats have conceded that there have been problems with pro-government groups acting as vigilantes against minorities.

On Friday, the Iraqi government strongly denied having a hand in Janabi's murder and said it stood ready to increase already tight security for the trial.

"Those suggestions are ridiculous and baseless. The government does not condone attacks against minorities and former figures in Saddam's Baath Party," National Security Adviser Mowaffak al-Rubaie told Reuters.

"If the defence team asks the government for extra protection we are more than happy to provide it in the way of secure locations and personal guards," he said.

Of the perpetrators, Rubaie said:

"They are trying to distract Iraqis from the real issues. The real issues are the chemical gas, the mass graves and the illegal killings under Saddam." (Additional reporting by Ahmed Rashid in Baghdad)