Saddam Hussein lawyer wants trial in neutral state (Sweden)

[rainbow4321]

http://www.boston.com/news/world/europe/articles/2005/06/12/saddam_hussein_lawyer_wants_trial_in_neutral_state/?rss_id=Boston.com+%2F+News

"We invite the Iraqi government and the prosecutors to hold this trial, if there is to be a trial, not in Iraq where it's not safe to hold the trial, but to hold it either in the Hague or in Sweden or in Austria or even in Switzerland," British-based lawyer Giovanni di Stefano said.

"I would favor Sweden more than any other country -- where we are likely, more than not, a) to obtain a fair trial, and b) in the unlikely event that our client is tried and convicted, he can go straight to a detention center in Sweden," he told the Swedish public television station SVT.

Under Iraqi law, Saddam can be sentenced to death if convicted. But di Stefano said the defense team had received assurances that the former dictator would not be executed. "The Americans and the British and the Italians will not allow that. They will not allow the death penalty to be imposed," he said.

"And the president of Iraq has confirmed to us he will be signing no warrant of execution as would be required under Iraqi law. He has made his position clear."

[alittlelark]

1. Bushco is sure to nix that idea... Saddam might be able to

rat the BFEE out. Saddam, "Sure I gassed the Kurds, they were vile rodents. The USA gave me the gases to do it with, and patted me on the back afterwards"

[Benbow]

2. Saddam's lawyers are going to enter a plea of insanity

I have read somewhere. I mean - gassing whole villages of Kurds, y'Honour, is that the behaviour of a sane man? - and those pictures of him in his underwear might be part of the process to "massage" his public image: it might be hoped that the pictures tend to reinforce the picture of a dotty old loony. Saddam is not going to get the death penalty.

[oblivious]

3. “You simply cannot try Saddam Hussein."

Arab lawyers join forces to defend Saddam Hussein
June 10, 2005

During the past year, the committee for the defence of Mr Hussein, known by its acronym Isnad, has swelled to more than 2,500 lawyers. Some are Iraqis, led by Mr Hussein's head lawyer, Khalil al-Duleimi. But the majority come from Arab states, with Jordan providing as many as 600 of the legal experts. In Libya, the head of the support committee is Aisha, the daughter of Colonel Muammer Gadaffi.

...Mr Khasawneh claims the charges are largely irrelevant. Defending Mr Hussein, he suggests, is about proving that he should not be on trial in the first place.

There was no justification for the Iraq war since no weapons of mass destruction have been found, he says, and that renders illegal all the laws enacted after the US-led invasion including the new permanent constitution that will be drafted this year. He maintains that Iraq's old constitution still applies, and so does article 40, which stipulates that the president cannot be tried without the permission of the so-called revolutionary council, the highest body in the ousted Ba'ath party.

Mr Khasawneh also cites article 58, which says the president of Iraq can essentially do what he wants to protect the nation. “This article covers everything that happened in the past,” he says. “The <1990 Iraq> war against Kuwait and everything else falls under this article.” His conclusion: “You simply cannot try Saddam Hussein.

http://news.ft.com/cms/s/878dfdce-d9d2-11d9-b071-00000e2511c8.html

[Frederik]

5. As much as I dislike Hussein

their arguments are not without merit.

[no_hypocrisy]

4. I agree. The Hague or a neutral country would have been a proper forum.

Once a neutral country is the sponsor, I could see pre-trial motions of dismissal. This motion has the effect of "Yeah, everything you said is true. I did that, I did that, I did that. However: #1, that isn't a crime. #2, that was justified as I did it to protect the citizens of my country, #3, the U.S. facilitated if not aided and abetted my actions. Let me go."

And if there is a trial, let the papers show EXACTLY how complicit Rumsfeld and Co. were in setting up Saddam Hussein as political pot-stirrers. And then maybe the Hague will put THEM on trial after Saddam (in a perfect world).

[Kindigger]

6. I've always thought

he should be let go, and given asylum somewhere. I just don't think the elected president of a country should be treated that way, unless of course, they start an illegal war.

[PuraVidaDreamin]

10. * should be treated that way!

oh, wait a minute...

you said 'elected'

[Tracer]

12. Hmmmm.

Kind of like that other murderous dictator, Idi Amin?

Who lived out his days in Saudi Arabian luxury?

[Inland]

7. Eh. A person who wants a perfect legal process

should probably institute the minimums of due process while still dictator.

Just saying.

[merwin]

8. No legal system works the way it should. Look at ours. Money can buy you a

hung jury, or even acquittal.

[Inland]

9. Or more to the specific point,

every politician who gets caught is looking for a change of venue to some place where nobody really cares about laws broken in the home state, or in lieu of that, someplace where the prosecution witnesses won't go or, in Saddam's possible case, won't be protected.

[LynnTheDem]

11. CAN'T allow that! FACTS would come up! OK most the world already knows

the real facts...but in a fair and independant trial AMERICANS would learn the real facts! NO NO NO!!!