Originally Posted by NY Times

September 21, 2006
On First Day, New Judge Throws Hussein Out of Court, to Lawyers’ Dismay
By RICHARD A. OPPEL Jr.

BAGHDAD, Sept. 20 — One day after the judge in Saddam Hussein’s genocide trial was fired over accusations that he was biased in favor of the former dictator, the judge who replaced him threw Mr. Hussein out of the courtroom on Wednesday and declared, “I decide whether I want to listen to you!”

The new judge, Muhammad al-Uraibi, was clearly determined to show he would not tolerate outbursts by Mr. Hussein, in which he has denounced the American occupation and threatened witnesses.

In protest, Mr. Hussein’s lawyers withdrew from the case on Wednesday. One lawyer, Wadood Fawzi, attacked the “flagrant interference of the executive authorities to guide the path of this trial.” He demanded guarantees that his client’s rights would be protected. In the current phase of the trial, Mr. Hussein stands accused of genocide in the killing of more than 50,000 Kurds during a military campaign in 1988.

On Tuesday night, Prime Minister Nuri Kamal al-Maliki fired the previous judge, Abdullah al-Amiri. Mr. Maliki’s aides cited the judge’s comments in court last week in which he assured Mr. Hussein, “You are not a dictator.”

Aides to Mr. Maliki have said that Judge Amiri showed a clear bias against the prosecution and that his comments last week had insulted and enraged many Iraqis. But international human rights groups, including Human Rights Watch and the International Center for Transitional Justice, said the firing undermined the credibility of the court and might send a message to other judges that displeasing the government may lead to dismissal.

Wednesday brought a new wrinkle in the controversy. The statute allowing tribunal judges to be removed requires that the Presidency Council, composed of President Jalal Talabani and two vice presidents, approve the action, but that has not yet happened, according to an American close to the case who spoke on condition of anonymity.

Judge Amiri voluntarily decided to step aside, and he “decided not to come today,” the official said during a briefing with reporters on Wednesday night.

Judge Uraibi, a Shiite Arab, is believed to be from Amara, in southeastern Iraq, and has served as a judge before, the American official said.

After the lawyers withdrew Wednesday, Judge Uraibi motioned for new defense counsel to step forward, prompting Mr. Hussein to rise to criticize the judge from the dock.

“I tell you to listen to my opinion,” he demanded.

Judge Uraibi replied: “Sit down. Sit down. I am the presiding judge, and I decide whether I want to listen to you!” The judge then ordered him removed.

In response, Mr. Hussein shouted, “Yes, yes,” and he told the judge that he knew his father had been “an agent in the security forces.” Gesturing to his abdomen, Mr. Hussein said he knew that the judge’s father had once had hernia surgery.

As Mr. Hussein was led away, the judge disputed what he said about his father: “I challenge you in front of the public. Get him out!”

Human rights groups are questioning whether tribunal judges will be kept in check because they fear that if they are removed, they might lose their security protection.

The American official said he could not comment on whether Judge Amiri would lose any security protection. But he said it was “highly premature” to suggest that the tribunal’s impartiality had been harmed by the removal of the judge.

Qais Mizher and Abdul Razzaq al-Saiedi contributed reporting.

Originally Posted by NY Times

The firing was condemned by human rights advocates as improper political interference by Mr. Maliki’s government, which is dominated by Shiites and Kurds persecuted during Mr. Hussein’s rule. Human Rights Watch said the firing “sends a chilling message to all judges: toe the line or risk removal.”

“The government is taking into regard the feelings of the Iraqi people,” Mr. Hussein said. “When the judge told Saddam, ‘You are not a dictator,’ he hurt the feelings of the Iraqi people.”

“There was pressure from the Iraqi people and people in Kurdistan because their feelings were hurt,” he said, adding that the prime minister has the authority to remove judges from the tribunal. “The government had to respond to this pressure.”

But international human rights groups said the firing undermines the tribunal’s credibility and could influence other judges to favor the prosecution. They also questioned whether the tribunal’s procedures for handling allegations of judicial bias and misconduct were followed.

“This shows the court is not immune from political interference and may be open to being manipulated by public opinion or politicians,” said Hanny Megally, director of the Middle East and North Africa program for the International Center for Transitional Justice, which is an observer in the tribunal.

Originally Posted by NY Times

September 20, 2006
A Look at Problems in Saddam Trials
By THE ASSOCIATED PRESS

Filed at 1:44 p.m. ET

Some of the problems that have plagued the Iraqi courts trying Saddam Hussein:

-- Oct. 19, 2005: Saddam and seven others go on trial for the killings of Shiite Muslims in Dujail in 1982. Saddam challenges the legitimacy of the court.

-- Oct. 20, 2005 -- Defense lawyer Saadoun al-Janabi is abducted and found murdered.

-- Nov. 8, 2005: Defense lawyer Adel al-Zubeidi is killed in a Baghdad ambush and a colleague, Thamir al-Khuzaie, is wounded. Al-Khuzaie flees and asks for asylum in Qatar.

-- Dec. 4. 2005: Court official says one of the five judges has stepped down after learning that one of the defendants may have been involved in his brother's execution.

-- Dec. 5, 2005: Defense lawyers walk out when denied right to challenge court's legitimacy; chief judge then reverses ruling and allows former U.S. Attorney General Ramsey Clark to speak.

-- Dec 21, 2005: Saddam claims Americans beat and ''tortured'' him and other defendants while in detention and prays openly in court despite judge's order for trial to proceed.

-- Jan. 15: Chief judge Rizgar Amin submits resignation after complaints by Shiite politicians that he had failed to maintain control of the court proceedings.

-- June 21: Saddam lawyer Khamis al-Obeidi is abducted and slain.

-- July 7: Saddam and three others refuse food to protest lack of security for lawyers and conduct of the trial.

-- July 23: Saddam is hospitalized on the 17th day of his hunger strike and fed through a tube.

-- July 27: Dujail trial adjourns until Oct. 16, when verdict is expected.

-- Aug. 21: Saddam and seven others go on trial in a new case, for a crackdown against the Kurds in the late 1980s.

-- Sept. 14: Chief Judge Abdullah al-Amiri stuns the court by telling Saddam ''you were not a dictator,'' sparking Kurdish demands he be replaced.

-- Sept. 19: Government announces al-Amiri has been replaced as chief judge by his deputy.