Post by Anja Nieser on Sept 20, 2006 15:33:51 GMT -5
After Remark, Judge in Trial of Hussein Loses His Post
Prime Minister Nuri Kamal al-Maliki on Tuesday fired the judge overseeing
the 2nd phase of the trial of Saddam Hussein, accusing him of bias toward
the deposed Iraqi ruler.
Aides to Mr. Maliki said pressure had been building from Kurds and others
to oust the judge after he told Mr. Hussein in court that he was not a
dictator.
The firing was condemned by human rights advocates as improper political
interference by Mr. Maliki's government, which is dominated by Shiites and
Kurds persecuted during Mr. Hussein's rule. Human Rights Watch said the
firing "sends a chilling message to all judges: toe the line or risk
removal."
Bassam al-Husseini, an aide to Mr. Maliki, said the prime minister's
office asked the Iraqi High Tribunal to remove the judge, Abdullah
al-Amiri, a Shiite who was also a judge under the Hussein government.
Mr. Husseini said the new chief judge will be Mr. Amiri's assistant,
Muhammad al-Uraibi, also a Shiite Arab.
"The government is taking into regard the feelings of the Iraqi people,"
Mr. Hussein said. "When the judge told Saddam, 'You are not a dictator,'
he hurt the feelings of the Iraqi people."
"There was pressure from the Iraqi people and people in Kurdistan because
their feelings were hurt," he said, adding that the prime minister has the
authority to remove judges from the tribunal. "The government had to
respond to this pressure."
But international human rights groups said the firing undermines the
tribunal's credibility and could influence other judges to favor the
prosecution. They also questioned whether the tribunal's procedures for
handling allegations of judicial bias and misconduct were followed.
"This shows the court is not immune from political interference and may be
open to being manipulated by public opinion or politicians," said Hanny
Megally, director of the Middle East and North Africa program for the
International Center for Transitional Justice, which is an observer in the
tribunal.
In the current phase of the trial, Mr. Hussein stands accused of genocide
in the killing and gassing of more than 50,000 Kurds during the so-called
Anfal military campaign of 1988. It is separate from his prosecution
earlier this year on charges of ordering the murder of 148 people in the
Shiite village of Dujail in 1982. That verdict is expected as early as
next month.
Criticism of Judge Amiri began to build last Tuesday, when Mr. Hussein
described Kurdish witnesses testifying against him as agents of "Zionism"
and then threatened to "crush your heads." The next day, a prosecutor,
Munqith al-Faroon, demanded that the judge step down, accusing him of
allowing Mr. Hussein "to go too far, with unacceptable expressions and
words."
Then, during testimony on Thursday from a Kurdish farmer who recounted how
he had pleaded with Mr. Hussein to spare the life of his family, Mr.
Hussein leaped up in the dock to defend himself.
"Why did he try to see Saddam Hussein?" Mr. Hussein said. "Wasn't Saddam a
dictator and an enemy to the Kurdish people, as they say?"
Judge Amiri then said: "I will answer you: you are not a dictator. Not a
dictator." Smiling, Mr. Hussein replied, "Thank you."
The exchange outraged many in the Iraqi government. After the "not a
dictator" exchange, members of Parliament began putting pressure on a
committee of judges within the tribunal to remove Judge Amiri, said
Jalaladin al-Sagheir, a Shiite member of Parliament.
The statute governing the tribunal says the Presidency Council - the Iraqi
president and two vice presidents - can transfer judges out of the
tribunal "for any reason" on recommendation by the Council of Ministers.
It was unclear whether President Jalal Talabani, a Kurd, played a role in
the judge's firing.
But the tribunal also has other rules and procedures devised specifically
for handling allegations of bias or misconduct, human rights advocates
said.
"It's not clear whether the proper procedure was used or not," said
Richard thingyer, the director of the international justice program at Human
Rights Watch.
(source: New York Times)
Prime Minister Nuri Kamal al-Maliki on Tuesday fired the judge overseeing
the 2nd phase of the trial of Saddam Hussein, accusing him of bias toward
the deposed Iraqi ruler.
Aides to Mr. Maliki said pressure had been building from Kurds and others
to oust the judge after he told Mr. Hussein in court that he was not a
dictator.
The firing was condemned by human rights advocates as improper political
interference by Mr. Maliki's government, which is dominated by Shiites and
Kurds persecuted during Mr. Hussein's rule. Human Rights Watch said the
firing "sends a chilling message to all judges: toe the line or risk
removal."
Bassam al-Husseini, an aide to Mr. Maliki, said the prime minister's
office asked the Iraqi High Tribunal to remove the judge, Abdullah
al-Amiri, a Shiite who was also a judge under the Hussein government.
Mr. Husseini said the new chief judge will be Mr. Amiri's assistant,
Muhammad al-Uraibi, also a Shiite Arab.
"The government is taking into regard the feelings of the Iraqi people,"
Mr. Hussein said. "When the judge told Saddam, 'You are not a dictator,'
he hurt the feelings of the Iraqi people."
"There was pressure from the Iraqi people and people in Kurdistan because
their feelings were hurt," he said, adding that the prime minister has the
authority to remove judges from the tribunal. "The government had to
respond to this pressure."
But international human rights groups said the firing undermines the
tribunal's credibility and could influence other judges to favor the
prosecution. They also questioned whether the tribunal's procedures for
handling allegations of judicial bias and misconduct were followed.
"This shows the court is not immune from political interference and may be
open to being manipulated by public opinion or politicians," said Hanny
Megally, director of the Middle East and North Africa program for the
International Center for Transitional Justice, which is an observer in the
tribunal.
In the current phase of the trial, Mr. Hussein stands accused of genocide
in the killing and gassing of more than 50,000 Kurds during the so-called
Anfal military campaign of 1988. It is separate from his prosecution
earlier this year on charges of ordering the murder of 148 people in the
Shiite village of Dujail in 1982. That verdict is expected as early as
next month.
Criticism of Judge Amiri began to build last Tuesday, when Mr. Hussein
described Kurdish witnesses testifying against him as agents of "Zionism"
and then threatened to "crush your heads." The next day, a prosecutor,
Munqith al-Faroon, demanded that the judge step down, accusing him of
allowing Mr. Hussein "to go too far, with unacceptable expressions and
words."
Then, during testimony on Thursday from a Kurdish farmer who recounted how
he had pleaded with Mr. Hussein to spare the life of his family, Mr.
Hussein leaped up in the dock to defend himself.
"Why did he try to see Saddam Hussein?" Mr. Hussein said. "Wasn't Saddam a
dictator and an enemy to the Kurdish people, as they say?"
Judge Amiri then said: "I will answer you: you are not a dictator. Not a
dictator." Smiling, Mr. Hussein replied, "Thank you."
The exchange outraged many in the Iraqi government. After the "not a
dictator" exchange, members of Parliament began putting pressure on a
committee of judges within the tribunal to remove Judge Amiri, said
Jalaladin al-Sagheir, a Shiite member of Parliament.
The statute governing the tribunal says the Presidency Council - the Iraqi
president and two vice presidents - can transfer judges out of the
tribunal "for any reason" on recommendation by the Council of Ministers.
It was unclear whether President Jalal Talabani, a Kurd, played a role in
the judge's firing.
But the tribunal also has other rules and procedures devised specifically
for handling allegations of bias or misconduct, human rights advocates
said.
"It's not clear whether the proper procedure was used or not," said
Richard thingyer, the director of the international justice program at Human
Rights Watch.
(source: New York Times)