http://musliminsuffer.wordpress.com/
bismi-lLahi-rRahmani-rRahiem
In the Name of Allah, the Compassionate, the Merciful
=== News Update ===
STOP THE EXECUTIONS
The Illegality of the Executions of Mr Barzan Ibrahim Al-Tikriti and Judge
Awad Al-Bandar
The imminent executions of Mr Barzan Ibrahim Al-Tikriti and Judge Awad
Al-Bandar are illegal and violate international law, particularly
international human rights law for the following reasons:
1. The Iraqi Special Tribunal (IST) is illegal
* It was the intended consequence of an illegal war, the crime of
aggression
* US President Bush said the war was intended to kill the Iraqi
leadership
* International law requires no State recognise the consequences of
an illegal action
* It was created in violation of international humanitarian law
* Articles 54 and 64 of the Fourth Geneva Convention prohibit
occupiers from creating special courts to try their enemies and from
vetting judges for their political alliances
* The trial was unfair aggressors justice
* The range of observers finding the trials before the IST unfair
include international NGOs like Human Rights Watch and the Quakers to state
actors such as the UN Working Group on Arbitrary Detention and the UN
Special Rapporteur on the Independence of Judges and Lawyers
2. The ISTs judgment and executions violate Iraqi law
* Iraqi law requires trials be fair. This trial was unfair. Even the
Statute of the IST requires the trial be fair. See Report entitled A
Travesty of Justice at http://international-lawyers.org (under cases)
for details
* Example: Although Judge Bandar claimed he could prove proceedings
in 1982-84 the essence of prosecution case were fair, he was denied
350+ pages of court papers by the IST and prosecution
3. The ISTs judgment and the executions violate international human rights
law
* The United States and Iraq have ratified the International Covenant
of Civil and Political Rights that in Article 14 provides for the right to
a fair trial. For a list of specific rights violated see A Travesty of
Justice at http://international-lawyers.org (under cases)
* International law prohibits the imposition of the death penalty
following an unfair trial
ANY EFFORTS TO BRING THE ILLEGALITY OF THE IMMINENT EXECUTIONS OF MR
TIKRITI AND JUDGE BANDAR TO THE ATTENTION OF GOVERNMENT LEADERS TO TRY TO
STOP THESE EXECUTIONS IS WELCOMED.
THE MORE PEOPLE THAT TELL THEIR GOVERNMENTS TO HALT THESE ILLEGAL
EXECUTIONS, THE MORE CHANCE WE HAVE OF PREVENTING THESE SERIOUS VIOLATIONS
OF HUMAN RIGHTS.
Summary of Some of the Most Important Violations of Fair Trial in Dujail
Proceedings
Right to be judged by an independent and impartial tribunal (GCIII, art.
84(2) and ICCPR, art. 14(1) and ADRDM, art. XVIII)
* IST under US control as illustrated by fact that US as an occupying
power set up IST, vetted the judges, paid all court officials, including
judges, trained the judges, and explicitly ordered the judges to make
decisions in some cases
* Judge Abdel Rahman claimed that the chief defendant should be
executed without trial before becoming a judge of the court
* Judges were politically vetted
Right to be informed of charges (GCIII, art. 104 and ICCPR, art. 14(3)(a))
* No formal or adequately defined charges until seven months into the
trial at the end of prosecution case in May 2006.
Right to adequate facilities and time to prepare defense [equality of
arms](GCIII, art. 99 and 105 and ICCPR, art. 14(3)(b))
* Prosecution had 130,000 US military, two years and over 200 million
US dollars to prosecute case; defense lawyers were volunteers Iraqi lawyers
were chosen by US-backed Iraqi authorities, senior defense lawyers had no
access to clients, there were no confidential meetings with clients,
request for know exculpatory evidence were rejected, request to visit
Dujail were rejected
Right to lawyer (GCIII, art. 99 and 105 and ICCPR, art. 14(3)(d))
* US-backed Iraqi authorities choose defense lawyers, lawyers
defendants asked for were denied access or given only very limited access,
four defense lawyers were killed, others threatened, arrested and assaulted.
* US interrogated defendants for months without allowing defense
lawyers to be present and likely used this information at trial.
Right to public trial and judgment, (ICCPR, art. 14)
* No transcript from proceedings despite US strict video and audio
coverage of proceedings with dozens of cameras and release of version of
trial to media that was edited to reflect defense in worse light.
Tribunal must be established in accordance with law (ICCPR, art. 14(1),
GCIV, art. 54 and 64)
* IST established after illegal invasion (crime of aggression) and
occupation
* IST established when courts already existed after political vetting
of judges as extraordinary court in violation of international humanitarian
law.
Right to presumption of innocence (ICCPR, art. 14(2))
* Trial judge, US and Iraqi heads of state , numerous Iraqi politicians
said defendants guilty before trial and that they should be hung.
Right to trial without delay (ICCPR, art. 14(3)(c))
* Defendants held for almost two years before trial started and denied
access to a court to challenge their detention during this time.
Right to examine witnesses and to call witnesses under same conditions as
prosecution (ICCPR, art. 14(3)(e))
* Defense witness led-by court employees, beaten, arrested, threatened,
and defense stopped from presenting witnesses
Right of appeal (ICCPR, art. 14(3)(5))
* For 3 of 4 weeks of time for appeal trial court refused to provide
written judgment, no substantive consideration of main grounds of appeal.
Right to communicate with lawyer of own choosing (ICCPR, art. 14(3)(b))
* Senior lawyers were denied right to meet defendants until trial had
started and then frequently intimidated or prevented from meeting defendants
Right to transmit correspondence (ICCPR, art. 17 and 19 and ADRDM, art. X)
* Legal papers were vetted and often defense lawyers could not provide
them to clients
Treaties: (1) (Third Geneva) Convention Relating to the Treatment of
Prisoners of War (GCIII) [legally binding on US], (2) International
Covenant of Civil and Political Rights (ICCPR) [Legally binding on US and
continues to apply in Iraq as no US derogation], (3) American Declaration
on the Rights and Duties of Man (ADRDM) [This has been found by the
Inter-American Commission on Human Rights to reflect the customary
international law that is legally binding on the US].
source:
http://www.uruknet.de/?p=m29636&hd=&size=1&l=e
===
-muslim voice-
______________________________________
BECAUSE YOU HAVE THE RIGHT TO KNOW
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