US embassy cable - 05BAGHDAD4338

S E C R E T SECTION 01 OF 02 BAGHDAD 004338 
 
SIPDIS 
 
E.O. 12958: DECL: 10/20/2015 
TAGS: PGOV, PHUM, KJUS, KCRM, KDEM, IZ, Saddam Hussein 
SUBJECT: SADDAM TRIAL BEGINS 
 
Classified By: CDA David Satterfield for reasons 1.4(b) and (d) 
 
 1. (C) SUMMARY: The first trial of Saddam Hussein began 
yesterday before the Higher Criminal Court of Iraq.  Despite 
some technical issues, the trial was broadcast with a 
thirty-minute delay, with the Chief Judge, three of four 
prosecutors, and all but one defense attorney agreeing to 
have their faces shown and names disclosed.  The proceedings 
comported with Iraqi law. The court adjourned until November 
28, when it will begin hearing evidence in the case.  END 
SUMMARY. 
 
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Charges Relate to 1982 Attack in Al Dujayl 
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2. (U) The first trial of Saddam Hussein commenced yesterday 
in the Higher Criminal Court of Iraq (HCCI), formerly known 
as the Iraqi Special Tribunal.  The charges relate to the 
former regime's response to a 1982 assassination attempt on 
Saddam Hussein in the village of al Dujayl in Salahadin 
province, approximately 100 miles north of Baghdad.  Saddam 
Hussein and his co-defendants face a number of charges, 
including crimes against humanity, for the mass arrests, 
extra-judicial killings, torture, enforced disappearances, 
and other severe deprivations of physical liberty in 
violation of fundamental norms of international law. 
 
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Proceedings Comported with Iraqi Law 
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3. (U) The proceedings were run in accordance with the HCCI 
statute and Iraqi criminal procedure law and were consistent 
with the civil law system employed in Iraq.  The procedures 
are more similar to those employed in continental Europe and 
the Middle East than to common law procedures used in the UK 
and the U.S. 
 
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Chief Judge Strikes Balance 
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4. (U) The trial occurred in front of a five-judge panel 
headed by Chief Judge Rizgar Mohammed Amid, a Kurd with 
nearly 20 years experience as a lawyer, law professor, and 
judge.  At the time of his appointment to the court, he was 
serving as the head of the Criminal Court in Sulaimaniyah. 
 
5. (C) Judge Rizgar's judicial demeanor is sober; he is known 
to be capable of exercising control over proceedings before 
him.  During the first day of trial, he struck a balance 
between controlling the proceedings without appearing to be 
unfair to the defendants or the defense counsel.  He set an 
important precedent of asking defense counsel to put into 
writing any argument that does not specifically relate to the 
events in Al Dujayl, rather than spending significant time 
making the arguments orally in court. 
 
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Appearance of Trial Participants on Camera 
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6. (C) The Regime Crimes Liaison's Office (RCLO) takes the 
view that it is important, from the perspective of holding a 
public, transparent trial, for the judges to be seen on 
video.  Four judges on the panel would not allow their faces 
or names to be used, and Judge Rizgar only agreed to allow 
his face and name to be used on the eve of the trial, after 
several discussions with attorney advisors from the RCLO. 
With the encouragement of the Chief Prosecutor, three of the 
four prosecutors allowed their faces to be shown.  All of the 
privately retained defense counsel allowed their faces to be 
shown, but the HCCI public defender did not. 
 
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October 19 Proceedings 
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7. (U) At yesterday's session, the court formally convened. 
Iraqi Ministry of Interior police led the defendants, 
including Saddam, into the room.  The court first conducted 
general housekeeping measures, including registering with the 
clerk the names of the defense counsel, advising the 
defendants of their rights to counsel of their choice, the 
presumption of innocence, and presenting the text and 
substance of the charges.  The court advised the defendants 
that there would be no witnesses presented at yesterday's 
session due to logistical issues and invited defense counsel 
to attend the interview of a witness, Wadhah Al-Shaykh, who 
is too ill to appear. 
 
8. (S) That interview is scheduled to occur near Baghdad 
International Airport on Sunday.  Wadhah Al-Shaykh is Black 
Lister # 231 and is in MNF-I custody.  He is dying of cancer. 
 MNF-I plans to conditionally release him next week after his 
interview on Sunday. 
 
9. (U) The court received motions from defense counsel, both 
oral and written, concerning the legitimacy of the court and 
other jurisdictional matters and granted defense counsel's 
request for full access to all materials to be reviewed by 
the court during the trial.  Defense counsel formally 
requested an additional 90 days to prepare an adequate 
defense. The court, which did not rule on the request until 
the end of the session, provided the defense an additional 40 
days. 
10. (U) After the formalities, Chief Prosecutor Jaafar Abd 
Alwahed Al-Musawi, a Shiite from Baghdad, gave an opening 
statement that described events beyond al Dujayl, including 
Anfal and the 1991 uprising.  Upon the objection of defense 
counsel, the court admonished the prosecutor to focus solely 
on al Dujayl.  The remainder of the opening statement set 
forth the facts of the Al Dujayl case and the manner in which 
the charges will be proved.  The defense declined to give an 
opening statement until a later time, although the court 
stated that the defense would be given every opportunity to 
do so and that the court would render whatever reasonable 
assistance the defense sought. 
 
11. (S) The defense asked for the names of the State's 
witnesses and a more complete set of documents.  The Chief 
Judge said that the court would provide the defense with 
documents and stated that defense counsel could apply to the 
Chief Prosecutor for the names of witnesses. (COMMENT: It is 
unlikely that the defense will be provided with additional 
identifying information on the witnesses, including names, 
because of the serious dangers the witnesses face. END 
COMMENT) 
 
12. (U) At the conclusion of the proceedings, the court 
adjourned until November 28, 2005. 
 
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Administrative Details 
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13. (S) The U.S. Marshals supervised security for the 
interior of the courthouse, which was provided by the 
Ministry of Interior police.  The Iraqi Ministry of Interior 
secured the immediate perimeter of the courthouse, with 
support from the U.S. Third Infantry Division.  Task Force 
134 provided transportation for the defendants to and from 
the facility.  RCLO coordinated all U.S. governmental 
assistance from a command center within the building and 
provided legal support and substantial logistical support to 
the court during the proceedings. 
 
14. (S) According to Major General Brandenburg, mortars were 
believed to have passed over the courthouse area at the 
beginning of the day.  There were no security incidents at 
the courthouse. 
 
15. (U) Audio-visual difficulties arose from connecting the 
pool a/v feed to the court audio system.  The a/v technical 
difficulties required non-stop attention and ultimately were 
resolved.  Nevertheless, the proceedings were televised with 
a thirty-minute delay.  Even in the break room in the 
courthouse, the MOI guards were huddled around their 
television set. 
 
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The Way Ahead 
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16. (S) In the next session, the court will begin taking 
evidence from witnesses.  In a separate cable, RCLO will 
report on preparation planning for the next session. 
Satterfield