Wednesday
Dec222004
Wednesday, December 22, 2004 at 08:46PM
SADDAM HUSSEIN is preparing a legal challenge in America to his trial
for war crimes, according to leaked papers prepared by his defence
team. Advice to take the case to the US courts is contained in a
50-page brief prepared by Clive Stafford Smith, the leading British
human rights lawyer, which has been seen by The Sunday Times. The
action is to ensure that Saddam receives the basic legal rights given
to those tried in America, such as full access to his defence team and
an independent judge and jury. The leaked brief, entitled "The Iraqi
Special Tribunal as Victors' Justice -- the Inherent Illegality and Bias
of the whole Process", argues that US law should prevail in the case
because the trial is effectively being taken at the behest of the
Americans. The first hearings against former members of the regime are
due to start this week with Saddam's case expected next year. However,
the prospect of lengthy "pre-trial litigation" in America could delay
the prosecutions for years. The brief argues that Saddam will have
difficulty obtaining a fair trial as leading members of the Iraqi and
American administrations have already publicly called for him to be
found guilty and killed -- to "validate" the war. [more]