FOURTH AND FIFTH DAYS OF AD DUJAYL TRIAL

S E C R E T SECTION 01 OF 03 BAGHDAD 004991

SIPDIS

E.O. 12958: DECL: 12/13/2015
TAGS: PGOV PHUM KJUS KCRM KDEM IZ
SUBJECT: FOURTH AND FIFTH DAYS OF AD DUJAYL TRIAL

Classified By: DCM David Satterfield for reasons 1.4
(B) and (D).


1. (U) SUMMARY: The fourth day of the Ad Dujayl trial
occurred on December 6, 2005. Five witnesses provided
testimony in open court although each had their
identities shielded. The two morning witnesses
testified in a closed session. Thus, no media was
present, and no recording was made of their
statements. The two females who testified in the
morning and the three witnesses who testified in the
afternoon utilized voice altering technology and
provided details about torture, murder, and detention
which was inflicted upon them and their families in
response to the failed assassination attempt against
Saddam Hussein in Ad Dujayl. At the conclusion of Day
4, Saddam lashed out at the court, shouting that he
would not participate in the next day's proceedings.
The morning session of the fifth day (December 7) was
canceled as the Tribunal and defense counsel argued
about the impact of Saddam Hussein's refusal to
appear. Saddam Hussein ultimately appeared in a
closed door session and apologized to the Tribunal for
his outburst, but he exercised his right not to appear
before the Tribunal for testimony and was returned to
his cell. On the afternoon of Day 5, the Tribunal
took testimony from two additional Ad Dujayl victims.
END SUMMARY.

Morning Trial Proceedings - Day 4 - December 6
-------------- -


2. (U) On December 6, 2005, Chief Judge Rizgar Amin
commenced taking witness testimony from individuals
who would not agree to testify publicly. The first
witness (a woman) was identified as Witness A. Prior
to her offering testimony to the Court, however, Chief
Prosecutor Ja'afar al-Musawi requested that the Court
sanction the defendants for interrupting witnesses
during the preceding day's testimony. Barzan al-
Tikriti interjected and called Prosecutor Ja'afar his
brother and noted that they were both members of the
Ba'ath Party. Shortly thereafter Witness A began to
testify from behind a screen. It was intended that
neither her voice be heard publicly nor her testimony
recorded.


3. (S) Despite these precautions, members of the
public heard parts of Witness A's testimony through
the glass windows in the public viewing gallery. She
stated that she was tortured repeatedly and that her
honor was violated. She testified that she was held
in Abu Ghraib prison and was forced to make needles so
that she could sew clothes for her children. She
testified that her younger brother was beaten
regularly and that a woman went into labor and lost
her baby because nobody was permitted to assist with
the birth. She testified that she was beaten and
electrocuted and that she lost her property, her
future, and everything as a result of the actions
which the former regime took against her and her
family.


4. (U) A second witness identified as Witness B began
to testify after Witness A concluded. Although she
initially began speaking from behind the witness
screen and through a voice distortion machine, this
was halted when defense lawyers objected that they
could not understand Witness B's testimony. As a
result, Judge Rizgar directed the witness to testify
in open court without the aid of a screen or voice
distortion. The public and media galleries were
closed for this session; so no public reporting of her
testimony occurred.

Afternoon Trial Proceedings - Day 4
--------------


5. (U) At the lunch recess, IHT officials resolved
technical problems with the voice distortion system.
Thus, the testimony of Witness C, which commenced
immediately after lunch, occurred from behind a
screened booth and with the aid of voice distortion.
Witness C stated that he, his parents, and infant
sister were detained at the headquarters of Iraq's
intelligence services. He said he was held for 17-19
days before the intelligence services transported him
and many others to a detention camp in the desert of
Al-Samawah. At this point in the testimony, Barzan
Al-Tikriti interjected and said that the Iraqi
intelligence services had no responsibility for the
events in Ad Dujayl. Barzan Al-Tikriti claimed that
the Public Security Department of Iraq had
jurisdiction over individuals in Ad Dujayl.


6. (U) Saddam Hussein began to cross examine Witness C
by disparaging his psychological state. He also
claimed that the testimony of Witness C was fabricated
and designed to undermine the noble history of Iraq.
Saddam demanded that Witness C identify those
individuals who tortured him at the intelligence
headquarters. Judge Rizgar interrupted Saddam Hussein
repeatedly, to which Saddam replied that Iraq was
living under the "canopy of U.S. democracy and its
lackeys."


7. (U) Witness D testified with the aid of voice
distortion technology and from behind a screen.
Witness D stated that he had been a soldier fighting
in the Iran-Iraq war and that he was on leave in Ad
Dujayl at the time of the failed assassination
attempt. He also stated that he did not see Saddam
Hussein, Barzan Al-Tikriti or their motorcade in Ad
Dujayl at the time of the failed assassination
attempt. Witness D testified that security and police
personnel beat many Ad Dujayl residents after the
attempt and that his son was arrested and disappeared.


8. (U) Saddam Hussein and Barzan Al-Tikriti both
cross-examined Witness D. They demanded to know
whether Witness D had a death certificate for his son.
Barzan Al-Tikriti also stated that any such
certificate (if produced) was likely forged.


9. (U) Witness E testified that he and seven to ten
individuals were sent to the headquarters of Iraq's
intelligence services after the attack on Ad Dujayl.
He testified that he saw three people killed during an
aerial attack on Ad Dujayl. Additionally, the witness
claimed that his three sons were killed. The witness
testified further that he was detained for four years
thereafter in Abu Ghraib and Layya prison.


10. (U) The chief defense attorney for Saddam Hussein,
Kaleel al-Dolami, challenged the testimony as
fabricated. Barzan al-Tikriti asserted that the state
compensated all individuals who lost property (i.e.
orchards) in Ad Dujayl. Barzan al-Tikriti also argued
that the witness's testimony did not make sense
because he never saw the bodies of his three sons.


11. (U) At the conclusion of the day's events, Saddam
Hussein demanded that Judge Rizgar postpone trial for
at least one day so that he could rest. He stated
that he had been wearing the same underwear for three
days and that he had reached his limit. When Judge
Rizgar informed Saddam Hussein that the trial would
resume, Saddam complained that he did not have clean
underwear, shouted that he would not participate in
the next day's proceeding, and told the court to "go
to hell."


12. (S) COMMENT: When Task Force 134 transported the
defendants to the courthouse from the detention
facility, they instructed the defendants to bring
clothing for three to four days of proceedings.
However, Saddam Hussein refused to bring more than one
set of clothes. Moreover, during the lunch break,
defense counsel requested that the court continue to
hear testimony as long as was necessary - even
requesting that the court remain in session through
the night - so that the lawyers could keep
appointments they had made for the following day. END
COMMENT.

Morning Trial Proceedings - Day 5 - December 7
-------------- -


13. (S) The morning testimonial session on Day 5 was
delayed by five hours as the Tribunal decided how to
handle the fact that Saddam Hussein was refusing to
participate. Saddam stated that he would participate
if the IHT delayed trial for one day. Defense counsel
told the Court that, because the newspapers had
published Saddam's statement(saying that he would not
attend the trial),Saddam felt bound to remain in his
cell. The court refused to accommodate the request
and demanded that Saddam's defense attorneys convince
him to attend the testimonial session. When this
failed, the Trial Chamber agreed to bring Saddam
before the court in a closed door session.

Afternoon Trial Proceedings - Day 5
--------------


14. (S) The IHT brought Saddam Hussein into the court
shortly after lunch. The full complement of trial
judges, prosecutors, and defense counsel was present.
The public galleries and media areas were empty. At
this hearing, Saddam apologized to Judge Rizgar for
insulting the court. He also stated that he did not
wish to participate in the afternoon's proceedings.
Judge Rizgar accepted this apology and informed Saddam
that Iraqi law provided him the opportunity to refrain
from participating in his defense. Saddam exercised
this right and was escorted to his cell.


15. (U) Witness F testified (without Saddam Hussein in
the court) about his 70 days of detention in the
headquarters of Iraq's intelligence service. He
stated that he was beaten repeatedly and that Barzan
al-Tikriti was present at one point during these
beatings. He was then detained for a year and a half
in Abu Ghraib prison. He stated further that, while
in Abu Ghraib, he was deprived of sleep, starved, and
forced to stand for days on end.


16. (U) Witness G testified about his detention in the
headquarters of the Iraqi intelligence service and Abu
Ghraib. He also stated that he was sent to a desert
detention facility in Al-Samawah and held for years.
At one point during this testimony, Barzan al-Tikriti
interrupted Witness G and equated his own current
treatment while detained to the treatment of the
victims of Ad Dujayl. Barzan stated that the food he
was served "should not be given to beggars" and that
he was given six of the "worst cigarettes in the
world" per day. Taha Yassin Ramadan also spoke out.
He stated that, if the events at Ad Dujayl did occur,
they had nothing to do with him. Mr. Ramadan denied
having ever visited Dujayl.


17. (U) At the conclusion of the proceedings, the
court adjourned until after the December 15 elections.
Defense counsel requested the adjournment date of
December 21, and the court accepted this request.


18. (S) Saddam Hussein's defense attorneys, including
Ramsey Clark, met with the trial chamber in the robing
room immediately after the end of the session. Ramsey
Clark submitted a motion concerning defense counsel
security and formally requested that the court
intervene with the USG to ensure their security. He
also asserted that the lawyers would reject all of the
offers of security that had been made by the RCLO and
instead would propose their own plan. Judge Rizgar
stated that he could not make promises on matters
beyond his purview but that he would speak with the
RCLO about the matter.


19. (S) COMMENT: IHT International Adviser Howard
Morrison has reviewed the motion and concluded that it
is "amateurish" and "rubbish." RCLO also has reviewed
it and found numerous factual inaccuracies. The IHT
has requested that Mr. Morrison draft a response to
the motion, which he doing with RCLO assistance. END
COMMENT.

Next Steps
--------------


20. (S) During the proceedings this week, at least 9
additional witnesses contacted the court requesting
the right to testify, including an individual claiming
to be the driver for Barzan Al-Tikriti. These
individuals had not previously given statements to the
investigative judge; so they cannot testify until they
have given formal statements to the Prosecution Office
and the statements are disclosed to defense counsel.
Once this is done, the IHT will accept their
testimony. The RCLO and the IHT are in the process of
speaking to these witnesses now. In addition, the
RCLO and the IHT are sending investigators to Ad
Dujayl to speak with previous complainants so that
they will be able to testify when the court reconvenes
on December 21.
KHALILZAD