Today, the trial of Saddam Hussein resumed at the Iraqi Special Tribunal in Baghdad with the defendant in attendance.
[1] Before the Tribunal recessed for two weeks during the national parliamentary elections, Hussein declared a boycott of the trial, making a flamboyant exit by telling the court to “go to hell.” Today, he appeared to be more subdued. When the court refused Hussein’s request for a recess to perform mid-day prayers, he reacted mildly and appeared to conduct prayer quietly from his seat.
[2]Since this morning, however, there have been reports of additional outbursts by Hussein in reaction to some of the witness testimony.
[3] CNN is reporting that Hussein has disrupted the proceedings by shouting out allegations that he and his co-defendants have been beaten and tortured by their American‑led multinational guards.
"I was beaten on every part of my body and marks are still on top of my body and that was done by Americans," Hussein said. "Yes, [we] were beaten by the Americans and we were tortured, every one of us."
[4] Chief Prosecutor Jaafar al‑Mousawi protested the outburst, proclaiming that he had visited the defendants in their cells and saw no signs of torture.
[5] Spokesman for the U.S. Embassy in Baghdad, Christopher Reid, officially stated that none of the defendants have been tortured or beaten.
[6]Previously, the former Iraqi dictator’s chief complaints concerned the poor detention conditions underlying his dissatisfaction with the proceedings, specifically the “terroristic” lack of adequate opportunities to shower, change clothes, smoke, and exercise.
Critics of the Iraqi Court have taken issue with the apparent tolerance of the bench with regard to repeated and disruptive outbursts by this defendant, citing such latitude as evidence of inappropriate judicial deference to the former dictator and to other formerly high-ranking military and government officials on trial. Under the Iraqi Special Tribunal Rules of Procedure and Evidence, judges have the discretion to remove an accused from the courtroom and continue the trial in his absence “if he persists in disruptive conduct.”
[7] So far, the majority of Hussein’s absences have been self-motivated.
Hussein and his 7 co-defendants were charged with
crimes against humanity in the torture and killing of more than 140 Shi'ite Muslims 23 years ago in the village of Dujail.
[8] All face the possibility of death by hanging if found guilty. There are 11 other investigations into Saddam Hussein’s involvement in events at other times and in other regions. In case of a favorable verdict or sentence in this first trial, Hussein could face additional judicial proceedings in any or all of these other matters.
Notably not present in the courtroom today—defense attorney Ramsey Clark. The former U.S. Attorney General Clark has not yet returned to Baghdad because of security concerns.
[9] His co-counsel Curtis Doebbler was also reported to have been absent from the courtroom at the beginning of today’s proceedings.
[10] The trial is continuing with more witness testimony about the alleged atrocities in Dujail. Today’s witnesses, like 8 of 10 previous witnesses, are speaking under protective conditions.
[11]After today’s testimony, the Tribunal is expected to adjourn proceedings tomorrow until mid‑January to allow for the announcement of Iraq's election results, for the holidays, and for the Hajj, the annual Muslim pilgrimage to Mecca.
[12]
[1] Saddam Hussein Trial Resumes in Baghdad, VOA News [hereinafter VOA], Dec. 21, 2005, available here.
[2] Id.
[3] Hussein Says He Was Beaten in Custody, CNN [hereinafter CNN], Dec. 21, 2005, available here.
[4] CNN, supra note 3.
[5] Id.
[6] Id.
[7] IST R. Proc. and Evid. 72(2), available here. Compare to Fed. R. Crim. P. 43(c) in which continually disruptive behavior can amount to waiver of the right to present for trial. Fed. R. Crim. P. 43(a) implements the 6th Amendment guarantee of a criminal defendant’s right to be present at every phase of a trial.
[8] IST Elements of Crimes Art. 12 (Crimes Against Humanity), Art. 12(a)(1) (Murder) and Art. 12(a)(6) (Torture), available here.
[9] Saddam Trial Witness Tells of 'Indescribable Torture', Agence France-Presse [hereinafter AFP], Dec. 21, 2005, available here.
[10] Id.
[11] VOA supra note 1.
[12] Hussein Case Judge Stops Outbursts as Trial Continues, Bloomberg News, Dec. 21, 2005, available here.
