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Saddam to claim sovereign immunity - lawyer
Reuters on Yahoo ^ | 10/13/05 | Reuters

Posted on 10/13/2005 6:48:34 PM PDT by NormsRevenge

LONDON (Reuters) - Saddam Hussein's defense lawyers will argue that he has immunity from prosecution at his trial in Iraq later this month, according to a London-based member of his legal team.

Lawyer Abdel Haq Alani told the BBC the former president will challenge the legality of the special tribunal, due to open inside Baghdad's fortified Green Zone on October 19.

"He had full immunity under the prevailing Iraqi constitution and you cannot have a retroactive legislation that removes that immunity," Alani said in an interview with the BBC's "Newsnight" program late on Thursday.

Iraqi officials say the only charge against Saddam so far is the killing of more than 140 men in the mostly Shi'ite village of Dujail after a failed 1982 assassination attempt against him.

Alani said the defense will argue that those killed had been found guilty under Iraq's laws and Saddam's only role was to sign their death warrants.

"These people were tried and found guilty and sentenced to death according to the Iraqi criminal code," he told the BBC.

Alani, who told Reuters in September that Saddam had been denied his legal rights, said he still thought the former Iraqi president would not have a fair trial.

"A fundamental element of having justice is to see that there is a fair and impartial trial," he told the BBC. "That I think is not happening in Iraq now."

Despite concerns about the trial, Alani said Saddam had a positive outlook.

"He is in high spirits and is very defiant," he said.

The BBC said Saddam's defense team has just received an 800-page bundle outlining the prosecution case.

The report said many of the pages they have been sent are unreadable and they still have no charge details.

Saddam, who has been held by U.S. forces since they captured him in 2003, sacked his defense team in August to bring in a more professional group.

Alani, an Iraqi born barrister, has assembled a legal team with Khalil Dulaimi, who is based in Baghdad and is the only lawyer who has so far been allowed to meet Saddam.

They have approached British lawyer Anthony Scrivener, who has been involved in some of Britain's most high profile trials, to help defend Saddam, according to the BBC.

No one at Scrivener's office could be reached for comment.

Scrivener helped quash the murder convictions of the so-called "Guildford Four," a group of men who spent 15 years in jail wrongly convicted of an Irish Republican Army bombing that killed five people in 1974.


TOPICS: Crime/Corruption; Extended News; Foreign Affairs; War on Terror
KEYWORDS: claim; hussein; immunity; iraq; lawyer; saddam; saddamtrial; sovereign
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1 posted on 10/13/2005 6:48:37 PM PDT by NormsRevenge
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To: NormsRevenge

...and if that don't work, he'll release the giant spiders!!


Doogle


2 posted on 10/13/2005 6:51:13 PM PDT by Doogle (USAF...7thAF ..4077th TFW...408th MMS..Ubon Thailand.."69",,Night Line Delivery..AMMO)
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To: NormsRevenge
"He had full immunity under the prevailing Iraqi constitution and you cannot have a retroactive legislation that removes that immunity..."

Oh, well, OK, bad on us, let him go....and drop him off in the middle of the Iraqi Kurd population.

Give the Kurds 24 hours notice so they can welcome him home good and proper.
3 posted on 10/13/2005 6:51:48 PM PDT by decal (Mother Nature and Real Life are conservatives; the Progs have never figured this out.)
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To: NormsRevenge

Kill Him!


4 posted on 10/13/2005 6:53:07 PM PDT by Khashayar (No Banana Allowed!)
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To: NormsRevenge

Where is Ramsey Clark? Don't tell me that even Saddam dropped his sorry butt.


5 posted on 10/13/2005 6:55:34 PM PDT by ncountylee (Dead terrorists smell like victory)
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To: NormsRevenge
He should NOT alive. Those who found him should have killed him. Plain and simple. Then we wouldn't have these theatrics, or heavy security around his trial. There wouldn't have been a trial.

Why he was brought out of that hole alive is beyond me.
6 posted on 10/13/2005 6:56:26 PM PDT by hiredhand (My kitty disappeared. NOT the rifle!)
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To: Doogle; NormsRevenge

Fine. We'll just hand him over to the Kuwaitis or Iranians and let them deal with him.

How would you he like dem apples, Saddam?


7 posted on 10/13/2005 6:58:34 PM PDT by Perdogg
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To: NormsRevenge
"He had full immunity under the prevailing Iraqi constitution and you cannot have a retroactive legislation that removes that immunity," Alani said in an interview with the BBC's "Newsnight" program late on Thursday.

Really? I didn't realize Saddam was such a devotee of ex post facto prohibitions. Did the people he had shot when he came to power enjoy immunity?

8 posted on 10/13/2005 6:59:02 PM PDT by thoughtomator
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To: NormsRevenge

Unfortunately for Saddam, Johnny Cochran has shed this mortal coil.


9 posted on 10/13/2005 6:59:45 PM PDT by George Stupidnopolis
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To: hiredhand

To pump him for intel.


10 posted on 10/13/2005 7:00:57 PM PDT by thoughtomator
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To: NormsRevenge

Get out the candels moveon.org Saddam Hussein is not OJ Simpson and Iraq doesn't have a branch of the ACLU.


11 posted on 10/13/2005 7:02:29 PM PDT by Ma3lst0rm
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To: hiredhand

It would have simplified things. Yes.

But the end is not in question. Just the theatre.


12 posted on 10/13/2005 7:02:41 PM PDT by Ramius (Buy blades for war fighters: freeper.the-hobbit-hole.net --> 900 knives and counting!)
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To: NormsRevenge

This simply isn't going to fly. If Hitler had been captured at the end of WW2 he would not have been given immunity as the head of Nazi Germany...and Saddam will not get away with his crimes.


13 posted on 10/13/2005 7:04:40 PM PDT by highlander_UW (I don't know what my future holds, but I know Who holds my future)
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To: NormsRevenge

The problem with arguing sovereign immunity is that Saddam in fact usurped the sovereign power, by taking control of the government through assassinations. Saddam had no legitimate right to rule Iraq.


14 posted on 10/13/2005 7:05:07 PM PDT by SirJohnBarleycorn
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To: Doogle

I think he could be found innocent if he wears a cape to the trial.

I mean, how can you convict a guy wearing a cape???


15 posted on 10/13/2005 7:07:53 PM PDT by flashbunny ("Somebody up there really screwed the pooch on this one." - Jim Robinson)
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To: NormsRevenge
And if that doesn't work, he'll plead insanity.
16 posted on 10/13/2005 7:13:04 PM PDT by inquest (FTAA delenda est)
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To: NormsRevenge
Alani said the defense will argue that those killed had been found guilty under Iraq's laws and Saddam's only role was to sign their death warrants.

"These people were tried and found guilty and sentenced to death according to the Iraqi criminal code," he told the BBC.

And trhe Nazis made it criminal to be a Jew.

17 posted on 10/13/2005 7:19:06 PM PDT by weegee (The lesson from New Orleans? Smart Growth kills. You can't evacuate dense populations easily.)
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To: flashbunny
I mean, how can you convict a guy wearing a cape???

james Brown served time in prison.

What I want to know is what the guy who put the capes on James Brown did for a living while Brother James was in jail.

18 posted on 10/13/2005 7:26:52 PM PDT by weegee (The lesson from New Orleans? Smart Growth kills. You can't evacuate dense populations easily.)
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To: NormsRevenge
Despite concerns about the trial, Alani said Saddam had a positive outlook. "He is in high spirits and is very defiant," he said.

That's because he has always believed his own delusional bs.

19 posted on 10/13/2005 7:27:39 PM PDT by AmericaUnited
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Comment #20 Removed by Moderator


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