Saddam trial hindered by Iraqi fear
By Michael Evans, Defence Editor and Catherine Philp in Baghdad
THE attempt to put Saddam Hussein on trial is being undermined by the lack of a star prosecution witness or any “smoking gun” evidence directly linking him to atrocities.
The coalition has caught 40 of the 55 associates of the former dictator of Iraq on its “most wanted” list, but has been unable to persuade any to cut a deal with the prosecution, a senior British official has told The Times.
“It’s the fear factor. Saddam may be in custody but the other detainees know from past experience that if they turn ‘Queen’s evidence’, revenge would be taken against members of their families,” he said.
The coalition is also having difficulty finding written evidence that Saddam personally ordered atrocities.
Large amounts of material have been collected, “but Saddam was very clever at power-laundering, which meant that decisions were filtered down to junior levels, making it difficult to prove a direct line of responsibility”, the official said.
Prosecutors in the trial of Slobodan Milosevic, the former Serbian President who has been charged with genocide, have faced similar problems. Despite calling more than 100 witnesses, they have struggled to prove a direct link between Mr Milosevic and the 1995 massacre at Srebrenica.
Fear of retribution is also hampering the Iraqi tribunal that will eventually try Saddam and scores of his associates, according to Salem Chalabi, the American-educated lawyer setting up the court.
Many potential candidates have refused to act as judges or prosecutors for fear of attack, and the identities of those who have signed up are being kept secret. “Mine is the only name which is public,” Mr Chalabi said.
Since being appointed last autumn, he has received numerous death threats. He now works in a secret location, rarely sleeps in the same bed for two nights running, and is accompanied by bodyguards around the clock.
To entice witnesses to testify, the tribunal plans to set up a witness protection programme similar to that used by the United Nations tribunal for former Yugoslavia.
The names of witnesses would be disclosed only to the judges, prosecution and defence. Security costs will account for almost half of the tribunal’s $75 million (£40 million) budget.
The continuing violence in Iraq has made it almost impossible for the tribunal’s investigators to start work. The coalition will not hand over suspects until investigations are sufficiently advanced for formal charges to be brought. That raises the prospect of Saddam and his associates remaining in US custody long after the transfer of sovereignty on June 30.
But Mr Chalabi says that there is no question of the trials taking place outside Iraq. “Our understanding of the wishes of the Iraqi people is that they overwhelmingly want them held here,” he said.
Saddam has been held in an undisclosed location in Iraq since his capture on December 13 and is being interrogated by the CIA and FBI.
Ann Clwyd, the Labour MP for Cynon Valley who was, for seven years, head of Indict, which collects evidence against suspected war criminals, said that she remained confident that there would be enough documents and witnesses to prove the case against Saddam.
“Indict has taken witness statements from numerous Iraqis in different countries over the years and these are witnesses who were fully aware that at some stage they might have to stand up in court,” she said.
One claims to have personal evidence of Saddam’s involvement in the gassing of 5,000 Kurds at Halabja in 1988.
In a statement, the witness said: “We monitored radio communications between the political and military leadership. Saddam Hussein briefed the assembled commanders that there would be a chemical attack on Halabja and that soldiers should wear protective clothing.”
Another witness, describing a different incident, said: “One of the President’s bodyguards brought 30 prisoners out. They were Kurds. The president himself shot them one after another with a Browning pistol . . . Saddam Hussein was laughing and obviously enjoying himself.”
http://www.timesonline.co.uk/printFriendly/0,,1-6047-1138074,00.html
By Michael Evans, Defence Editor and Catherine Philp in Baghdad
THE attempt to put Saddam Hussein on trial is being undermined by the lack of a star prosecution witness or any “smoking gun” evidence directly linking him to atrocities.
The coalition has caught 40 of the 55 associates of the former dictator of Iraq on its “most wanted” list, but has been unable to persuade any to cut a deal with the prosecution, a senior British official has told The Times.
“It’s the fear factor. Saddam may be in custody but the other detainees know from past experience that if they turn ‘Queen’s evidence’, revenge would be taken against members of their families,” he said.
The coalition is also having difficulty finding written evidence that Saddam personally ordered atrocities.
Large amounts of material have been collected, “but Saddam was very clever at power-laundering, which meant that decisions were filtered down to junior levels, making it difficult to prove a direct line of responsibility”, the official said.
Prosecutors in the trial of Slobodan Milosevic, the former Serbian President who has been charged with genocide, have faced similar problems. Despite calling more than 100 witnesses, they have struggled to prove a direct link between Mr Milosevic and the 1995 massacre at Srebrenica.
Fear of retribution is also hampering the Iraqi tribunal that will eventually try Saddam and scores of his associates, according to Salem Chalabi, the American-educated lawyer setting up the court.
Many potential candidates have refused to act as judges or prosecutors for fear of attack, and the identities of those who have signed up are being kept secret. “Mine is the only name which is public,” Mr Chalabi said.
Since being appointed last autumn, he has received numerous death threats. He now works in a secret location, rarely sleeps in the same bed for two nights running, and is accompanied by bodyguards around the clock.
To entice witnesses to testify, the tribunal plans to set up a witness protection programme similar to that used by the United Nations tribunal for former Yugoslavia.
The names of witnesses would be disclosed only to the judges, prosecution and defence. Security costs will account for almost half of the tribunal’s $75 million (£40 million) budget.
The continuing violence in Iraq has made it almost impossible for the tribunal’s investigators to start work. The coalition will not hand over suspects until investigations are sufficiently advanced for formal charges to be brought. That raises the prospect of Saddam and his associates remaining in US custody long after the transfer of sovereignty on June 30.
But Mr Chalabi says that there is no question of the trials taking place outside Iraq. “Our understanding of the wishes of the Iraqi people is that they overwhelmingly want them held here,” he said.
Saddam has been held in an undisclosed location in Iraq since his capture on December 13 and is being interrogated by the CIA and FBI.
Ann Clwyd, the Labour MP for Cynon Valley who was, for seven years, head of Indict, which collects evidence against suspected war criminals, said that she remained confident that there would be enough documents and witnesses to prove the case against Saddam.
“Indict has taken witness statements from numerous Iraqis in different countries over the years and these are witnesses who were fully aware that at some stage they might have to stand up in court,” she said.
One claims to have personal evidence of Saddam’s involvement in the gassing of 5,000 Kurds at Halabja in 1988.
In a statement, the witness said: “We monitored radio communications between the political and military leadership. Saddam Hussein briefed the assembled commanders that there would be a chemical attack on Halabja and that soldiers should wear protective clothing.”
Another witness, describing a different incident, said: “One of the President’s bodyguards brought 30 prisoners out. They were Kurds. The president himself shot them one after another with a Browning pistol . . . Saddam Hussein was laughing and obviously enjoying himself.”
http://www.timesonline.co.uk/printFriendly/0,,1-6047-1138074,00.html
