uruknet.info
  اوروكنت.إنفو
    
    informazione dal medio oriente
    information from middle east
    المعلومات من الشرق الأوسط

[ home page] | [ tutte le notizie/all news ] | [ download banner] | [ ultimo aggiornamento/last update 26/11/2014 05:50 ] 9016


english italiano

  [ Subscribe our newsletter!   -   Iscriviti alla nostra newsletter! ]  




[9016]



Uruknet on Alexa


End Gaza Siege
End Gaza Siege

>

:: Segnala Uruknet agli amici. Clicka qui.
:: Invite your friends to Uruknet. Click here.




:: Segnalaci un articolo
:: Tell us of an article






Update on the Representation of President Saddam Hussein

Dr. Curtis F.J. Doebbler
member of the Legal Team representing Saddam Hussein

saddam_20genn_.jpeg

January 20, 2005

Although continued attempts are being made to establish access to the President of Iraq who has been held without access to a lawyer, only one meeting has been arranged more than one year after the detention began. This meeting took place with one of the lawyers of Committee under strict monitoring (both visual and audio) whereby two US military officials were present at all times. This meeting was not under conditions that meet the minimum standards for access to legal counsel provided by international law (e.g. in article 14 of the ICCPR). Neither has this meeting been followed up with additional meetings. It is estimated that counsel need at least several hours of daily contact with their client to be able to consult with him and to
facilitate the preparation of his defense. Unless such access is immediately provided all charges against the defendant should be dropped because of the serious violations of his human rights.

Furthermore, legal counsel’s inability to have access to evidence or formal charges also contributes to the irreparable violation of defendant’s rights. For more than one year, and despite statements by United States and Iraqi government officials that huge amounts of evidence exist, no access to any of this evidence has been granted to defense counsel.

Finally, legal counsel for the President continue to dispute the legitimacy of the Iraqi Special Tribunal for the following reasons:

1. The tribunal is the result of an illegal invasion of Iraq which unequivocally violated international law, namely article 2(4) of the Charter of the United Nations. Attempts to justify this use of force as somehow justified by Iraq’s reaction to UN Security Council resolutions are inconsistent with statements of the majority of both the permanent members of the UNSC and the total membership of this body and are devoid of any legal basis. To satisfy basic principles of justice any court concerned with trials in Iraq that have resulted from the United States’ illegal use of force must be able and willing to try American’s who have committed crimes against peace, including American President George W. Bush.

2. The tribunal is illegal because it is constituted outside the ordinary Iraqi judicial and as the result of steps by the United States as the occupying power in Iraq to interfere with the existing judicial power in Iraq in a manner that renders it liable to violate international human rights and humanitarian law. An occupying power is forbidden from destroying the judicial of an occupied territory and replacing it with a judicial with allegiance to itself that will not prosecute its own soldiers who have violated international law. Nevertheless, the United States did just this in vetting all Iraqi judges for their political opinions and affiliations and removing
those judges who disagreed with the occupiers’ political opinion. This action contravenes general international law that provides that an occupation is not sovereignty and therefore prohibits the occupier from changing the institutions of government when the changes contribute to the violation of international law.

3. The extraordinary nature of the Iraqi Special Tribunal is evidenced by the fact that it would have been illegal even under the Iraqi Administrative Law of 8 March 2004, except for the special dispensation which is given in that law. Despite the dispensation, however, the Special Tribunal does not meet the minimum standards of international law required for a fair trial and is thus illegitimate.

4. The Iraqi Special Tribunal does not meet the requirement of being a competent, independent, and impartial tribunal. It is not competent because it has been established by an occupying power in violation of international law as an attempt to usurp the sovereignty of the Iraqi people. It is not independent because it his been established by the United States as the occupying power and not a sovereign Iraqi government and because it lacks the authority and will to trial United States citizens who have violated international law by illegally invading Iraq. It is not impartial because the judges remain anonymous and "faceless judges" have been held to be prima facie violation of the requirement of impartiality.

5. The Iraqi Special Tribunal also violates international law because it denies defendant’s basic fair trial and due process rights. Defendants have not been able to meet their lawyers in any meaningful way. Evidence of torture and mistreatment of defendants has not been investigated. Defendants have been denied facilities to prepare their defense. Defendants have not been charged. Defendants have been denied access to any of the alleged evidence against them. All of these failures constitute violations of defendants’ rights.

Only a tribunal created by international mandate and with truly impartial judges sitting can try a head of state who has been captured pursuant to an illegal invasion of his country. The Iraqi Special Tribunal is not such a tribunal and constitutes a serious violation of international law.

At the end of December 2004, Mr. Ramsey Clark formally joined the defense team efforts. He will be responsible for legal action taken in the United States and contacts with the press in the United States. He will also advise the legal team being assembled in Jordan under the auspices of ISNAD.

On Saturday, 22 January 2005, at 7 p.m. EST, C-SPAN will carry a debate between Mr. Michael Scharf and Dr. Curtis Doebbler about the legitimacy of the trial of the Iraqi President in Iraq.


N.B. – This report represent the personal view of the author and is without prejudice or connection to any matter that may be privileged between a lawyer and his client. Nothing in this report should be viewed as a comment on the defense case.


Dr. Curtis F.J. Doebbler
3003 Van Ness Street, NW, W623
Washington, D.C. 20008
tel: +1-202-248-1411
fax: +1-206-984-4734
email: human_rights_lawyer@writeme.com



:: Article nr. 9016 sent on 21-jan-2005 00:29 ECT

www.uruknet.info?p=9016



:: The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website.

The section for the comments of our readers has been closed, because of many out-of-topics.
Now you can post your own comments into our Facebook page: www.facebook.com/uruknet





       
[ Printable version ] | [ Send it to a friend ]


[ Contatto/Contact ] | [ Home Page ] | [Tutte le notizie/All news ]







Uruknet on Twitter




:: RSS updated to 2.0

:: English
:: Italiano



:: Uruknet for your mobile phone:
www.uruknet.mobi


Uruknet on Facebook






:: Motore di ricerca / Search Engine


uruknet
the web



:: Immagini / Pictures


Initial
Middle




The newsletter archive




L'Impero si è fermato a Bahgdad, by Valeria Poletti


Modulo per ordini




subscribe

:: Newsletter

:: Comments


Haq Agency
Haq Agency - English

Haq Agency - Arabic


AMSI
AMSI - Association of Muslim Scholars in Iraq - English

AMSI - Association of Muslim Scholars in Iraq - Arabic




Font size
Carattere
1 2 3





:: All events








     

[ home page] | [ tutte le notizie/all news ] | [ download banner] | [ ultimo aggiornamento/last update 26/11/2014 05:50 ]




Uruknet receives daily many hacking attempts. To prevent this, we have 10 websites on 6 servers in different places. So, if the website is slow or it does not answer, you can recall one of the other web sites: www.uruknet.info www.uruknet.de www.uruknet.biz www.uruknet.org.uk www.uruknet.com www.uruknet.org - www.uruknet.it www.uruknet.eu www.uruknet.net www.uruknet.web.at.it




:: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
::  We always mention the author and link the original site and page of every article.
uruknet, uruklink, iraq, uruqlink, iraq, irak, irakeno, iraqui, uruk, uruqlink, saddam hussein, baghdad, mesopotamia, babilonia, uday, qusay, udai, qusai,hussein, feddayn, fedayn saddam, mujaheddin, mojahidin, tarek aziz, chalabi, iraqui, baath, ba'ht, Aljazira, aljazeera, Iraq, Saddam Hussein, Palestina, Sharon, Israele, Nasser, ahram, hayat, sharq awsat, iraqwar,irakwar All pictures

 

I nostri partner - Our Partners:


TEV S.r.l.

TEV S.r.l.: hosting

www.tev.it

Progetto Niz

niz: news management

www.niz.it

Digitbrand

digitbrand: ".it" domains

www.digitbrand.com

Worlwide Mirror Web-Sites:
www.uruknet.info (Main)
www.uruknet.com
www.uruknet.net
www.uruknet.org
www.uruknet.us (USA)
www.uruknet.su (Soviet Union)
www.uruknet.ru (Russia)
www.uruknet.it (Association)
www.uruknet.web.at.it
www.uruknet.biz
www.uruknet.mobi (For Mobile Phones)
www.uruknet.org.uk (UK)
www.uruknet.de (Germany)
www.uruknet.ir (Iran)
www.uruknet.eu (Europe)
wap.uruknet.info (For Mobile Phones)
rss.uruknet.info (For Rss Feeds)
www.uruknet.tel

Vat Number: IT-97475000150