SIXTH AND SEVENTH DAYS OF AD DUJAYL TRIAL

S E C R E T SECTION 01 OF 04 BAGHDAD 005164

SIPDIS

E.O. 12958: DECL: 12/30/2015
TAGS: PGOV PHUM KJUS KCRM KDEM IZ
SUBJECT: SIXTH AND SEVENTH DAYS OF AD DUJAYL TRIAL

Classified By: A/DCM David C. Litt for Reasons 1.4 (B) and (D)


1. (U) SUMMARY: The sixth day of the Ad Dujayl trial
commenced on Tuesday, December 21. Three complainants
provided graphic testimony about torture, incarceration, and
murder. The seventh day of trial commenced on Wednesday,
December 22. Three additional complainants testified about
summary detention, deprivations, murder, and torture. In
addition to this testimony, Barzan al-Tikriti and Saddam
Hussein alleged that multinational forces had tortured them.
Further, Barzan al-Tikriti alleged in a closed session that
multinational forces had abducted his son. END SUMMARY.

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Morning Trial Proceedings - Day 6 - December 21
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2. (U) On December 21, 2005, Chief Judge Rizgar Amin
reconvened the Ad Dujayl trial. Judge Rizgar began the day
by issuing two "uncontestable" court decisions. The first
decision rejected the prosecutor's request to bar non-Iraqi
attorneys from the court. The second decision rejected a
request from defense counsel to refer the Ad Dujayl matter
back to the Investigative Chamber.


3. (U) Barzan al-Tikriti interrupted the proceedings
thereafter and asked to address the Court. Judge Rizgar
rejected this request. Regardless, Barzan began speaking and
admitted that the orchards in Ad Dujayl were leveled but that
Judge Rizgar was selective about who he was letting file
complaints. One of the international lawyers representing
Saddam Hussein (Najib al-Nuaimi) stated that he was
threatened at Baghdad International Airport and that security
for the defense lawyers was bad. He also stated that
religious leaders were issuing fatwas against the defense
lawyers.


4. (U) The first complainant, Ali Hasan Muhammad al Haydari,
testified in open court and without the aid of voice-altering
technology. Mr. Ali was 14 years old at the time of the
attack on Ad Dujayl. Mr. Ali described how, when Saddam's
motorcade passed near a thick palm and orange orchard, 15-20
gunshots were fired at it. In response, Iraqi security
forces began to beat citizens and raid homes. Mr. Ali said
that Iraqi security forces wearing civilian clothes entered
his home and detained his entire family after they found a
hunting rifle.


5. (U) Mr. Ali stated that Iraqi security forces initially
incarcerated his family for 70 days in the Mukhabbarat
headquarters. Mr. Ali testified about torture by electric
shock, burning, and other methods. He stated further that
two of his brothers were executed. Mr. Ali claimed that the
cells were unsanitary and contained undrinkable water. Mr.
Ali testified that Iraqi security forces later moved him and
others to Abu Ghraib prison where a number of children died.
Mr. Ali stated that guards beat prisoners with cables and
separated mothers and sisters before placing them in "red
rooms" where they were mistreated.


6. (U) Mr. Ali stated that, after several months in Abu
Ghraib, Iraqi security forces moved him and other Ad Dujayl
prisoners to a desert camp in Al-Samawah. Mr. Ali stated
that the desert heat was brutal and that there was not enough
food, water, and medicine. Mr. Ali also testified that a
one-year-old child died and was buried in the desert. Mr.
Ali stated that he was released on April 22, 1986 and that,
when he returned to Ad Dujayl, the landscape had changed
because all the orchards had been leveled upon the orders of
Taha Yasin Ramadan. Mr. Ali stated that, by the time he was
released, Iraqi security forces had executed seven of his
brothers.


7. (U) During cross examination, the defense tried to attack
the complainant's credibility on the ground that the
complainant was only 14 when he was tortured and detained.
Defendant Awad al-Bandar, responsible for issuing death
sentences for 148 people from Ad Dujayl, asked Judge Rizgar
why he was facing trial for issuing verdicts that were lawful
at the time in question. He also questioned why President
Bill Clinton was not on trial for firing 400 missiles into
Baghdad when those missiles killed hundreds of children.
Barzan al-Tikriti also interjected. Barzan claimed that U.S.
forces had tortured him in prison and that he had nothing to
do with the Ad Dujayl matter. Court then adjourned for lunch.

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Afternoon Trial Proceedings - Day 6
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8. (U) After the lunch break, a second complainant began
testifying. This complainant testified with the aid of
voice-altering technology and did not have his identity
disclosed to the public. The complainant stated that, on the
day of the attack, he heard gunfire which he assumed was
celebratory fire as a result of Saddam's visit to the town.
Shortly thereafter, the complainant testified that Republican
Guard units raided and searched his home. He was then taken
to the National Guard headquarters and shown seven bodies
which he could not identify. While there, the complainant
stated that he saw Barzan al-Tikriti. He later identified
the body of his son, which was thrown in the back of a
pick-up truck.


9. (U) The complainant stated that he and fifty others were
taken to the headquarters of the Mukhabbarat and held for
seventeen days. The complainant stated that Barzan
al-Tikriti was present during his detention and ate grapes.
Shortly thereafter, the complainant testified that he was
moved to Abu Ghraib prison and held for one year and two
months. The complainant stated that he was tortured
repeatedly while there and that women and children were also
tortured. Thereafter, the complainant stated that he was
transported to a detention facility in the desert. The
complainant stated that four prisoners died while held in the
desert and that conditions there wee bad.


10. (U) Upon his release from the desert, the complainant
stated that he was detained in an intelligence building for
seven more months. Iraqi security forces placed him in
solitary confinement for three of those months. After the
regime fell, the complainant learned that Iraqi security
forces had executed four of his sons and that his name was on
a list of those to be executed. For reasons not known to the
complainant, he was spared.


11. (U) Defense attorneys questioned the complainant about
his alleged involvement in the failed assassination attempt
against Saddam Hussein. The complainant denied any
involvement and said that he was detained because he was a
member of the Al-Dawah party. The complainant testified
further that only one of his sons was killed in the immediate
aftermath of the failed assassination attempt.


12. (U) Barzan al-Tikriti began speaking and declared that
the people of Ad Dujayl were victims. Barzan stated further
that these people should have filed their complaints when
Saddam was in office so that the former regime could have
served justice. Saddam Hussein then spoke. Saddam stated
that Iraq had achieved tremendous things under his rule.
Saddam declared that he made sure to detain entire families
so that they would not break apart. Saddam testified further
that the testimony about victim torture was not true and that
multi-national forces had repeatedly tortured him during his
detention. The chief prosecutor stated that, if
multinational forces had tortured Saddam, Iraqi forces could
take custody of him. Taha Yasin Ramadan also stated that
multinational forces beat him while in prison.


13. (U) The third complainant was called to testify at
approximately 1720. He testified in secret and with the aid
of voice-altering technology. The complainant stated that he
was a member of the 11th Division, 45th Brigade and that he
entered Ad Dujayl twenty days after the failed assassination
attempt against Saddam. Iraqi security forces initially
detained him for five minutes and demanded to know whether he
was a member of the Al-Dawah party. When he said that he was
not a party member, he was beaten until he lost
consciousness. After several days of torture (with electric
shocks and other implements) Barzan al-Tikriti met with him
and told him to confess. The complainant refused and Barzan
allegedly told the guards to "finish him off." In response,
the guards allegedly removed the complainant's fingernails
and toenails and hung him by his legs and beat him.


14. (U) The complainant testified that he was moved to
Abu-Ghraib prison and then to an intelligence service prison.
At each prison, the torture continued. The complainant
stated that he was released after he agreed to work as an
informer for the Mukhabbarat. The complainant stated that he
returned to his army unit and then to Ad Dujayl. The
complainant stated that his home and garden were razed. The
complainant stated further that vehicles belonging to Taha
Yasin Ramadan bulldozed other buildings and orchards in Ad
Dujayl.


15. (U) During cross examination, Barzan al-Tikriti asked the
complainant how he knew that the vehicles belonged to Taha
Yasin Ramadan. The complainant said that people in the area
informed him of this. Barzan then made several concessions.
First, Barzan admitted that he visited Ad Dujayl two days
after the failed assassination attempt. Second, Barzan
stated that "had he not gone to Ad Dujayl then, the
inhabitants would have been eliminated." Third, Barzan
claimed that he personally ordered the security services to
release anyone from Ad Dujayl if there was no evidence
against them. Barzan stated the neither he nor Taha ordered
Iraqi security forces to raze the orchards in Dujayl. Barzan
claimed that he interpreted Saddam Hussein's decision to move
the then public security chief to the intelligence department
as a sign of Saddam's dissatisfaction with the level of
leniency afforded to the people of Ad Dujayl. Shortly
thereafter, the Court adjourned for the day.

-------------- --
Morning Trial Proceedings - Day 7 - December 22
-------------- --


16. (U) Judge Rizgar continued the Ad Dujayl trial on the
morning of December 22 by calling another complainant. The
complainant testified with the aid of voice-altering
technology and did not reveal his identity to the public.
The complainant testified that, after the failed
assassination attempt against Saddam, Iraqi security forces
seized his family's property, demolished his home, and
bulldozed his orchards. The complainant also stated that
Iraqi security forces executed his father and uncles.


17. (U) Defense attorneys questioned the complainant about
whether Barzan al-Tikriti was in Ad Dujayl at the time of the
incident. The complainant stated that he did not see Barzan.
The complainant also stated that much of his testimony was
based upon information that his grandmother gave to him. He
stated further that Iraqi security forces detained his
grandmother and tortured her but that, because she was
deceased, she could not testify. The complainant stated that
he personally witnessed the arrest of his father and air
bombardment of orchards.


18. (U) Saddam Hussein spoke for several minutes and
questioned the credibility of the complainant. Saddam stated
that the complainant was too young to remember anything
important. Saddam also accused the general prosecutor of
lying to the court and President Bush of lying when he said
that Iraq had chemical weapons and connections to terrorism.


19. (U) Barzan al-Tikriti then spoke. He stated that the
Mukhabbarat was not responsible for torturing or detaining
anyone from Ad Dujayl. Barzan stated that Judge Rizgar
should order his execution if this would be in the interests
of Iraq. Barzan then declared that the three prosecutors
were members of the Baath Party. The Chief Prosecutor,
Jafaar al-Musawai, threatened to walk out of the trial until
Chief Judge Rizgar ordered him to return. Another prosecutor
stated that Barzan had issued him a terrible insult and that
the Baath Party was bloodthirsty. The Chief Prosecutor
objected to Barzan's tirade and stated that Barzan was
attempting to divert attention from the Ad Dujayl case.


20. (U) Immediately thereafter a defense lawyer requested
that Chief Judge Rizgar remove a policeman from the Court.
The lawyer stated that the policeman had threatened a
defendant and that, if the policeman were not removed, the
defense team would leave the session. The policeman was
ultimately removed despite objections from the prosecution in
which they stated that the policeman had not done anything
wrong.


21. (U) The next complainant testified with the aid of
voice-altering technology and did not disclose his identity
to the public. The complainant stated that he was 13 at the
time of the events in question. He testified that Iraqi
security forces arrested his entire family and interrogated
everyone at the Mukhabbarat headquarters. The complainant
stated that guards separated him from his family and that
each family member was tortured. The complainant stated also
that many children died from torture and malnutrition. He
and his family were transferred to Abu Ghraib and later to a
desert camp in Al-Samawah. When security forces ultimately
released him, he returned to Ad Dujayl and found his home and
orchards destroyed.


22. (U) During cross examination Barzan al-Tikriti and Saddam
Hussein complained about their detention conditions. Saddam
Hussein also questioned the complainant about why he did not
file a complaint against the regime while he was in power.
Barzan stated that no rooms in the intelligence headquarters
were used to detain prisoners. The court then recessed for
lunch.

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Afternoon Trial Proceedings - Day 7
--------------


23. (U) After lunch, Judge Rizgar permitted another
complainant to testify. The complainant testified with the
aid of voice-altering technology and from behind a curtain.
The complainant stated that his brother was killed from
aircraft shelling in Ad Dujayl that followed the failed
assassination attempt. The complainant stated that security
forces detained him in Abu Ghraib and beat him with hoses and
that many prisoners died. The complainant stated further
that he was sent to a desert camp in Samawah, that the water
was salty, and that many prisoners died. The complainant
stated that Iraqi security forces never explained to him the
reasons for his arrest. Ultimately he was informed that
Iraqi security forces had executed all his brothers.


24. (U) Defense counsel cross examined the complainant and
asked whether anyone had coached his testimony. Saddam
Hussein stated that the reason why residents from Ad Dujayl
were detained in the desert for so long was because he had
replaced the former security chief with a new one and each
thought the other had released everyone. Saddam stated that
the conditions of detention for the residents of Ad Dujayl
were far better than his detention conditions. Saddam also
stated that the complainant's testimony was not valid because
he was young at the time of the events at issue.


25. (U) Taha Yasin Ramadan stated that he was not responsible
for bulldozing any orchards and that he was suffering because
of torture inflicted upon him during his incarceration.
Barzan al-Tikriti then spoke and declared that he went to
Ad-Dujayl on the second and third day after the failed
assassination attempt. Barzan stated that he was there only
as the representative in charge of Saddam's safety. Barzan
stated that he did not interrogate any witnesses. Barzan
declared repeatedly that the public security services and not
the Mukhabbarat was responsible for interrogating people from
Ad Dujayl. Barzan then complained about the conditions of
his detention and stated that the citizens of Ad Dujayl
suffered far less than he during his two years and eight
months of detention. Barzan defended the actions which the
Iraqi government took against the residents of Ad Dujayl on
the ground that the state had a right to protect itself after
the assassination attempt against Saddam.


26. (U) Defense attorneys next questioned the complainant
about whether he had any role in the assassination attempt
against Saddam. The complainant denied this and stated that
he was interrogated for allegedly belonging to the Al-Dawah
Party. The complainant also testified that Iraqi security
forces killed one of his sons in the immediate aftermath of
the failed assassination attempt. Saddam began speaking and
alleged that, during his 25 year reign, he accomplished much.
Saddam stated that the complainant's testimony was
contradictory and inconsistent. Saddam then stated that the
torture which the complainants described did not compare to
his torture. Saddam stated that he was beaten and had marks
on his body. Saddam also declared that he had not seen the
sun during his incarceration.


27. (S) After Saddam addressed the Court, Barzan requested
time to speak openly about "classified matters." Judge
Rizgar granted time for Barzan to speak but emptied the media
and public galleries. During his lecture Barzan stated that
the IHT should release him on bail and that he was tortured.
Barzan also said that multinational forces abducted his son
and that he wished to see him. Barzan then disparaged the
testimony of Waddah al-Sheik - calling him a liar and a
murderer. He repeatedly recited passages from the Koran and
Arabic proverbs. He then requested compensation from Judge
Rizgar for the losses he suffered while incarcerated. Barzan
also stated that he directly ordered his subordinates to
preserve the orchards in Dujayl. Barzan stated that his
subordinates failed to follow this order.


28. (S) After the day ended, Judge Rizgar called the defense
attorneys and prosecutors into a private meeting. The
defense attorneys stated that they wished to have increased
security. Judge Rizgar said that he would consider this and
that the security of all the defense attorneys was of
critical importance to the Court. After this meeting, RCLO
staff members brought the defense counsel handguns which they
agreed to use for personal protection.
KHALILZAD