Identifier
Created
Classification
Origin
06BAGHDAD4184
2006-11-08 16:02:00
SECRET
Embassy Baghdad
Cable title:
SADDAM VERDICT AND APPELLATE TIMEFRAME
how-toVZCZCXRO3489 OO RUEHBC RUEHDE RUEHIHL RUEHKUK DE RUEHGB #4184/01 3121602 ZNY SSSSS ZZH O 081602Z NOV 06 FM AMEMBASSY BAGHDAD TO RUEHC/SECSTATE WASHDC IMMEDIATE 7936 INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY RHEHAAA/WHITE HOUSE WASHINGTON DC PRIORITY RUEKJCS/SECDEF WASHINGTON DC PRIORITY
S E C R E T SECTION 01 OF 02 BAGHDAD 004184
SIPDIS
SIPDIS
E.O. 12958: DECL: 11/07/2016
TAGS: PGOV PHUM KJUS KCRM KDEM IZ
SUBJECT: SADDAM VERDICT AND APPELLATE TIMEFRAME
Classified By: Deputy Chief of Mission Daniel V. Speckhard for reasons
1.4 (b) and (d).
S E C R E T SECTION 01 OF 02 BAGHDAD 004184
SIPDIS
SIPDIS
E.O. 12958: DECL: 11/07/2016
TAGS: PGOV PHUM KJUS KCRM KDEM IZ
SUBJECT: SADDAM VERDICT AND APPELLATE TIMEFRAME
Classified By: Deputy Chief of Mission Daniel V. Speckhard for reasons
1.4 (b) and (d).
1. (SBU) SUMMARY: Saddam Hussein was found guilty of crimes
against humanity and sentenced to death in the Iraqi High
Tribunal ("IHT"). Of the remaining seven defendants, 2
others received death sentences, one received a sentence of
life imprisonment, three received sentences of 15 years
imprisonment, and one was acquitted. The appellate process
began immediately, and is expected to last at least through
January 2007.
SADDAM HUSSEIN, BARZAN AL-TIKRITI AND AWAD AL BANDAR
SENTENCED TO DEATH IN THE AD-DUJAYL TRIAL
-------------- --------------
2. (U) On November 5, 2006, Trial Chamber One of IHT found
Saddam Hussein guilty of five counts of crimes against
humanity for the following acts: murder, unlawful
imprisonment, forcible transfer, torture, and "other inhumane
acts." Hussein was acquitted of the charge of enforced
disappearance. Consistent with Iraqi law, he was sentenced
to death by hanging for the sub-act of murder, two terms of
10 years imprisonment for unlawful imprisonment and forcible
transfer, and two terms of 7 years imprisonment for torture
and "other inhumane acts." Under Iraqi law, only the most
serious sentence is carried out.
3. (U) Saddam's co-defendants were sentenced as follows:
former Iraqi Intelligence Chief Barzan al-Tikriti was
convicted - and received the same sentences as - the same
charges as Saddam Hussein, and he, too, was sentenced to
death by hanging. Former Revolution Court Chief Awad
al-Bandar was convicted of the single count of crime against
humanity for murder and was sentenced to death by hanging.
FOUR SENTENCED TO PRISON TERMS; ONE ACQUITTED
--------------
4. (U) Former Vice President Taha Yaseen Ramadan was
convicted of crimes against humanity for murder, unlawful
imprisonment, forcible transfer, torture, and "other inhumane
acts." Ramadan was acquitted of the charge of enforced
disappearance. Ramadan was sentenced to life imprisonment
for the murder charge, two terms of 10 years imprisonment for
unlawful imprisonment and forcible transfer, and two terms of
7 years imprisonment for torture and "other inhumane acts."
acquitted of the charge of enforced disappearance.
5. (U) Defendants Ali Diyah Ali, Mizher Roweed, and Abdullah
Roweed, who were three local Ba'ath party officials at the
time of the Dujayl events, were also found guilty of crimes
against humanity and sentenced as follows: 15 years
imprisonment for murder, two terms of 10 years imprisonment
for unlawful imprisonment and forcible transfer, and two
terms of 7 years imprisonment for torture and "other inhumane
acts." All were acquitted of the charge of enforced
disappearance.
6. (SBU) Defendant Mohammed Azzawi was found not guilty of
all charges. The circumstances for his release are currently
being worked out.
7. (U) All of the judgments and sentences handed down by the
court were unanimous (5-0). The full written judgment, which
is not yet completed as the chamber incorporates events from
November 5 into the final version that is sent to the
appellate chamber, is expected to be completed by the end of
this week. Once the written judgment is completed, the IHT
is expected to make it available to the public.
LAST MINUTE NEGOTIATIONS OVER SENTENCES
--------------
8. (S) Although the trial chamber advised RCLO that it
concluded deliberations on November 4, on the morning of
November 5, Trial Chamber One re-commenced deliberations.
This delayed the start of the proceedings from 1000 to
approximately 1120 Baghdad time. RCLO later learned from one
of the judges that there was no dispute over the verdicts and
sentences for Saddam Hussein, Barzan al-Tikriti, or Awad
al-Bandar. The dispute focused on sentences for Taha Yaseen
Ramadan and the local defendants. The final judgment was a
compromise reached shortly before the chamber took the bench.
9. (SBU) The verdicts were read in ascending order of
severity, with the defendants brought in one at a time and
standing alone in the dock to hear the court's reading of the
verdict as it related to the charges against them
particularly. Starting with the acquittal of Mohammed
Azzawi, the court concluded with defendant Barzan al-Tikriti,
BAGHDAD 00004184 002 OF 002
out of concern that Barzan would react violently. Saddam
Hussein, Barzan al-Tikriti, and Awad al-Bandar reacted
noisily to their sentences, repeatedly shouting "Allahu
Akbar" in an effort to shout down the judges. Defendant Taha
Yaseen Ramadan quietly impeached the verdicts as
"pre-ordained" but was otherwise well-behaved. The three
local Dujayli defendants were relatively calm, and defendant
Azzawi calmly thanked the court. The entire session lasted a
little less than one hour and court adjourned.
10. (S) Privately retained defense counsel for Saddam Hussein
were present, but Ramsey Clark was removed shortly after the
proceedings began when Judge Ra'ouf was offended by
statements made by Clark in his legal briefs.
11. (S) The conduct of the visitors in the gallery -- which
included a number of officials from the Iraqi government --
was generally restrained. Two Dujayli victims reacted
noisily to the sentences at one point in the proceedings, but
after they were taken out of the room and warned by staff
from the Regime Crimes Liaison's Office (RCLO) that such
conduct would result in ejection from the courthouse, the two
individuals remained quiet.
APPELLATE PROCESS COMMENCES IMMEDIATELY
--------------
12. (U) Under Iraqi law, the appellate process commenced
immediately after the verdicts and sentences were handed
down. Ten days after verdict and sentence (November 15,
2006),the Dujayl file will be sent to the Appellate Chamber,
which immediately transfers the file to the Prosecution
Chamber for analysis and briefing. 20 days after the
Prosecution Chamber receives the file, it must remit the file
back to the Appellate Chamber for deliberation. During this
20-day period, defense briefing should be submitted as well.
13. (U) After the Appellate Chamber receives the file back
from the Prosecution Chamber (December 5, 2006) it begins its
deliberations. While the Appellate Chamber has the authority
to call witnesses and seek further clarifications through
oral argument, such measures are rare. Thus, RCLO believes
the Dujayl appellate decision will be based solely on the
papers. Once deliberations are completed, the Appellate
Chamber will issue a written opinion.
14. (S) While the Appellate Chamber may take as long as it
chooses to issue its decision, RCLO has been advised by
members of the IHT that the deliberations will likely last
between 30 to 90 days (January - March 2007). Once the
affirmation is formally entered, the Iraqi government has 30
days within which to execute sentence.
EXECUTION PROCEDURE UNDER IRAQI LAW
--------------
15. (U) If the Dujayl verdicts and sentences are upheld, the
IHT will send the file to the Minister of Justice, who would
prepare an execution order for approval by the Prime
Minister. After approval, the Prime Minister would submit
the execution order to the three-member Presidency Council,
which must endorse the order unanimously. Once this process
is complete, the execution occurs by hanging in a private
location (yet to be determined) by the Ministry of Justice,
though witnesses will be present. MNF-I will not participate
in the execution. The family of the executed has the right
to take possession of the body.
16. (S) Taking the above steps into account, RCLO believes
that it is possible that the execution of sentence will occur
between January and April 2007.
IMPACT ON OTHER TRIALS
--------------
17. (SBU) While Saddam Hussein faces charges in at least 12
other matters under investigation by the IHT and is currently
on trial for the Anfal (Kurdish genocide) case, RCLO does not
believe the court would delay execution of sentence to permit
his trial in the other matters. Moreover, under Iraqi law
the death of a defendant terminates all pending charges
against him. With respect to the Anfal trial, RCLO believes
that the trial -- with verdict and sentence -- could be
completed as early as January 2007, though it is more likely
to continue to February or March 2007. Thus, it is possible
that Saddam Hussein could be executed before the conclusion
of the Anfal trial. If that occurs, the trial would continue
with the remaining defendants.
KHALILZAD
SIPDIS
SIPDIS
E.O. 12958: DECL: 11/07/2016
TAGS: PGOV PHUM KJUS KCRM KDEM IZ
SUBJECT: SADDAM VERDICT AND APPELLATE TIMEFRAME
Classified By: Deputy Chief of Mission Daniel V. Speckhard for reasons
1.4 (b) and (d).
1. (SBU) SUMMARY: Saddam Hussein was found guilty of crimes
against humanity and sentenced to death in the Iraqi High
Tribunal ("IHT"). Of the remaining seven defendants, 2
others received death sentences, one received a sentence of
life imprisonment, three received sentences of 15 years
imprisonment, and one was acquitted. The appellate process
began immediately, and is expected to last at least through
January 2007.
SADDAM HUSSEIN, BARZAN AL-TIKRITI AND AWAD AL BANDAR
SENTENCED TO DEATH IN THE AD-DUJAYL TRIAL
-------------- --------------
2. (U) On November 5, 2006, Trial Chamber One of IHT found
Saddam Hussein guilty of five counts of crimes against
humanity for the following acts: murder, unlawful
imprisonment, forcible transfer, torture, and "other inhumane
acts." Hussein was acquitted of the charge of enforced
disappearance. Consistent with Iraqi law, he was sentenced
to death by hanging for the sub-act of murder, two terms of
10 years imprisonment for unlawful imprisonment and forcible
transfer, and two terms of 7 years imprisonment for torture
and "other inhumane acts." Under Iraqi law, only the most
serious sentence is carried out.
3. (U) Saddam's co-defendants were sentenced as follows:
former Iraqi Intelligence Chief Barzan al-Tikriti was
convicted - and received the same sentences as - the same
charges as Saddam Hussein, and he, too, was sentenced to
death by hanging. Former Revolution Court Chief Awad
al-Bandar was convicted of the single count of crime against
humanity for murder and was sentenced to death by hanging.
FOUR SENTENCED TO PRISON TERMS; ONE ACQUITTED
--------------
4. (U) Former Vice President Taha Yaseen Ramadan was
convicted of crimes against humanity for murder, unlawful
imprisonment, forcible transfer, torture, and "other inhumane
acts." Ramadan was acquitted of the charge of enforced
disappearance. Ramadan was sentenced to life imprisonment
for the murder charge, two terms of 10 years imprisonment for
unlawful imprisonment and forcible transfer, and two terms of
7 years imprisonment for torture and "other inhumane acts."
acquitted of the charge of enforced disappearance.
5. (U) Defendants Ali Diyah Ali, Mizher Roweed, and Abdullah
Roweed, who were three local Ba'ath party officials at the
time of the Dujayl events, were also found guilty of crimes
against humanity and sentenced as follows: 15 years
imprisonment for murder, two terms of 10 years imprisonment
for unlawful imprisonment and forcible transfer, and two
terms of 7 years imprisonment for torture and "other inhumane
acts." All were acquitted of the charge of enforced
disappearance.
6. (SBU) Defendant Mohammed Azzawi was found not guilty of
all charges. The circumstances for his release are currently
being worked out.
7. (U) All of the judgments and sentences handed down by the
court were unanimous (5-0). The full written judgment, which
is not yet completed as the chamber incorporates events from
November 5 into the final version that is sent to the
appellate chamber, is expected to be completed by the end of
this week. Once the written judgment is completed, the IHT
is expected to make it available to the public.
LAST MINUTE NEGOTIATIONS OVER SENTENCES
--------------
8. (S) Although the trial chamber advised RCLO that it
concluded deliberations on November 4, on the morning of
November 5, Trial Chamber One re-commenced deliberations.
This delayed the start of the proceedings from 1000 to
approximately 1120 Baghdad time. RCLO later learned from one
of the judges that there was no dispute over the verdicts and
sentences for Saddam Hussein, Barzan al-Tikriti, or Awad
al-Bandar. The dispute focused on sentences for Taha Yaseen
Ramadan and the local defendants. The final judgment was a
compromise reached shortly before the chamber took the bench.
9. (SBU) The verdicts were read in ascending order of
severity, with the defendants brought in one at a time and
standing alone in the dock to hear the court's reading of the
verdict as it related to the charges against them
particularly. Starting with the acquittal of Mohammed
Azzawi, the court concluded with defendant Barzan al-Tikriti,
BAGHDAD 00004184 002 OF 002
out of concern that Barzan would react violently. Saddam
Hussein, Barzan al-Tikriti, and Awad al-Bandar reacted
noisily to their sentences, repeatedly shouting "Allahu
Akbar" in an effort to shout down the judges. Defendant Taha
Yaseen Ramadan quietly impeached the verdicts as
"pre-ordained" but was otherwise well-behaved. The three
local Dujayli defendants were relatively calm, and defendant
Azzawi calmly thanked the court. The entire session lasted a
little less than one hour and court adjourned.
10. (S) Privately retained defense counsel for Saddam Hussein
were present, but Ramsey Clark was removed shortly after the
proceedings began when Judge Ra'ouf was offended by
statements made by Clark in his legal briefs.
11. (S) The conduct of the visitors in the gallery -- which
included a number of officials from the Iraqi government --
was generally restrained. Two Dujayli victims reacted
noisily to the sentences at one point in the proceedings, but
after they were taken out of the room and warned by staff
from the Regime Crimes Liaison's Office (RCLO) that such
conduct would result in ejection from the courthouse, the two
individuals remained quiet.
APPELLATE PROCESS COMMENCES IMMEDIATELY
--------------
12. (U) Under Iraqi law, the appellate process commenced
immediately after the verdicts and sentences were handed
down. Ten days after verdict and sentence (November 15,
2006),the Dujayl file will be sent to the Appellate Chamber,
which immediately transfers the file to the Prosecution
Chamber for analysis and briefing. 20 days after the
Prosecution Chamber receives the file, it must remit the file
back to the Appellate Chamber for deliberation. During this
20-day period, defense briefing should be submitted as well.
13. (U) After the Appellate Chamber receives the file back
from the Prosecution Chamber (December 5, 2006) it begins its
deliberations. While the Appellate Chamber has the authority
to call witnesses and seek further clarifications through
oral argument, such measures are rare. Thus, RCLO believes
the Dujayl appellate decision will be based solely on the
papers. Once deliberations are completed, the Appellate
Chamber will issue a written opinion.
14. (S) While the Appellate Chamber may take as long as it
chooses to issue its decision, RCLO has been advised by
members of the IHT that the deliberations will likely last
between 30 to 90 days (January - March 2007). Once the
affirmation is formally entered, the Iraqi government has 30
days within which to execute sentence.
EXECUTION PROCEDURE UNDER IRAQI LAW
--------------
15. (U) If the Dujayl verdicts and sentences are upheld, the
IHT will send the file to the Minister of Justice, who would
prepare an execution order for approval by the Prime
Minister. After approval, the Prime Minister would submit
the execution order to the three-member Presidency Council,
which must endorse the order unanimously. Once this process
is complete, the execution occurs by hanging in a private
location (yet to be determined) by the Ministry of Justice,
though witnesses will be present. MNF-I will not participate
in the execution. The family of the executed has the right
to take possession of the body.
16. (S) Taking the above steps into account, RCLO believes
that it is possible that the execution of sentence will occur
between January and April 2007.
IMPACT ON OTHER TRIALS
--------------
17. (SBU) While Saddam Hussein faces charges in at least 12
other matters under investigation by the IHT and is currently
on trial for the Anfal (Kurdish genocide) case, RCLO does not
believe the court would delay execution of sentence to permit
his trial in the other matters. Moreover, under Iraqi law
the death of a defendant terminates all pending charges
against him. With respect to the Anfal trial, RCLO believes
that the trial -- with verdict and sentence -- could be
completed as early as January 2007, though it is more likely
to continue to February or March 2007. Thus, it is possible
that Saddam Hussein could be executed before the conclusion
of the Anfal trial. If that occurs, the trial would continue
with the remaining defendants.
KHALILZAD