SADDAM TRIAL BEGINS

S E C R E T SECTION 01 OF 02 BAGHDAD 004338

SIPDIS

E.O. 12958: DECL: 10/20/2015
TAGS: PGOV PHUM KJUS KCRM KDEM IZ
SUBJECT: SADDAM TRIAL BEGINS

Classified By: CDA David Satterfield for reasons 1.4(b) and (d)


1. (C) SUMMARY: The first trial of Saddam Hussein began
yesterday before the Higher Criminal Court of Iraq. Despite
some technical issues, the trial was broadcast with a
thirty-minute delay, with the Chief Judge, three of four
prosecutors, and all but one defense attorney agreeing to
have their faces shown and names disclosed. The proceedings
comported with Iraqi law. The court adjourned until November
28, when it will begin hearing evidence in the case. END
SUMMARY.

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Charges Relate to 1982 Attack in Al Dujayl
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2. (U) The first trial of Saddam Hussein commenced yesterday
in the Higher Criminal Court of Iraq (HCCI),formerly known
as the Iraqi Special Tribunal. The charges relate to the
former regime's response to a 1982 assassination attempt on
Saddam Hussein in the village of al Dujayl in Salahadin
province, approximately 100 miles north of Baghdad. Saddam
Hussein and his co-defendants face a number of charges,
including crimes against humanity, for the mass arrests,
extra-judicial killings, torture, enforced disappearances,
and other severe deprivations of physical liberty in
violation of fundamental norms of international law.

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Proceedings Comported with Iraqi Law
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3. (U) The proceedings were run in accordance with the HCCI
statute and Iraqi criminal procedure law and were consistent
with the civil law system employed in Iraq. The procedures
are more similar to those employed in continental Europe and
the Middle East than to common law procedures used in the UK
and the U.S.

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Chief Judge Strikes Balance
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4. (U) The trial occurred in front of a five-judge panel
headed by Chief Judge Rizgar Mohammed Amid, a Kurd with
nearly 20 years experience as a lawyer, law professor, and
judge. At the time of his appointment to the court, he was
serving as the head of the Criminal Court in Sulaimaniyah.


5. (C) Judge Rizgar's judicial demeanor is sober; he is known
to be capable of exercising control over proceedings before
him. During the first day of trial, he struck a balance
between controlling the proceedings without appearing to be
unfair to the defendants or the defense counsel. He set an
important precedent of asking defense counsel to put into
writing any argument that does not specifically relate to the
events in Al Dujayl, rather than spending significant time
making the arguments orally in court.

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Appearance of Trial Participants on Camera
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6. (C) The Regime Crimes Liaison's Office (RCLO) takes the
view that it is important, from the perspective of holding a
public, transparent trial, for the judges to be seen on
video. Four judges on the panel would not allow their faces
or names to be used, and Judge Rizgar only agreed to allow
his face and name to be used on the eve of the trial, after
several discussions with attorney advisors from the RCLO.
With the encouragement of the Chief Prosecutor, three of the
four prosecutors allowed their faces to be shown. All of the
privately retained defense counsel allowed their faces to be
shown, but the HCCI public defender did not.

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October 19 Proceedings
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7. (U) At yesterday's session, the court formally convened.
Iraqi Ministry of Interior police led the defendants,
including Saddam, into the room. The court first conducted
general housekeeping measures, including registering with the
clerk the names of the defense counsel, advising the
defendants of their rights to counsel of their choice, the
presumption of innocence, and presenting the text and
substance of the charges. The court advised the defendants
that there would be no witnesses presented at yesterday's
session due to logistical issues and invited defense counsel
to attend the interview of a witness, Wadhah Al-Shaykh, who
is too ill to appear.


8. (S) That interview is scheduled to occur near Baghdad
International Airport on Sunday. Wadhah Al-Shaykh is Black
Lister # 231 and is in MNF-I custody. He is dying of cancer.
MNF-I plans to conditionally release him next week after his
interview on Sunday.


9. (U) The court received motions from defense counsel, both
oral and written, concerning the legitimacy of the court and
other jurisdictional matters and granted defense counsel's
request for full access to all materials to be reviewed by
the court during the trial. Defense counsel formally
requested an additional 90 days to prepare an adequate
defense. The court, which did not rule on the request until
the end of the session, provided the defense an additional 40
days.

10. (U) After the formalities, Chief Prosecutor Jaafar Abd
Alwahed Al-Musawi, a Shiite from Baghdad, gave an opening
statement that described events beyond al Dujayl, including
Anfal and the 1991 uprising. Upon the objection of defense
counsel, the court admonished the prosecutor to focus solely
on al Dujayl. The remainder of the opening statement set
forth the facts of the Al Dujayl case and the manner in which
the charges will be proved. The defense declined to give an
opening statement until a later time, although the court
stated that the defense would be given every opportunity to
do so and that the court would render whatever reasonable
assistance the defense sought.


11. (S) The defense asked for the names of the State's
witnesses and a more complete set of documents. The Chief
Judge said that the court would provide the defense with
documents and stated that defense counsel could apply to the
Chief Prosecutor for the names of witnesses. (COMMENT: It is
unlikely that the defense will be provided with additional
identifying information on the witnesses, including names,
because of the serious dangers the witnesses face. END
COMMENT)


12. (U) At the conclusion of the proceedings, the court
adjourned until November 28, 2005.

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Administrative Details
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13. (S) The U.S. Marshals supervised security for the
interior of the courthouse, which was provided by the
Ministry of Interior police. The Iraqi Ministry of Interior
secured the immediate perimeter of the courthouse, with
support from the U.S. Third Infantry Division. Task Force
134 provided transportation for the defendants to and from
the facility. RCLO coordinated all U.S. governmental
assistance from a command center within the building and
provided legal support and substantial logistical support to
the court during the proceedings.


14. (S) According to Major General Brandenburg, mortars were
believed to have passed over the courthouse area at the
beginning of the day. There were no security incidents at
the courthouse.


15. (U) Audio-visual difficulties arose from connecting the
pool a/v feed to the court audio system. The a/v technical
difficulties required non-stop attention and ultimately were
resolved. Nevertheless, the proceedings were televised with
a thirty-minute delay. Even in the break room in the
courthouse, the MOI guards were huddled around their
television set.

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The Way Ahead
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16. (S) In the next session, the court will begin taking
evidence from witnesses. In a separate cable, RCLO will
report on preparation planning for the next session.
Satterfield