A feisty Saddam Hussein sparred with the judge in his trial on charges of crimes against humanity on Monday after telling the court he had been dragged back before the tribunal against his wishes.
”Down with the traitor, down with traitors, down with Bush … long live the ummah [Islamic nation ]… long live the ummah … long live the ummah..,” roared the ousted Iraqi dictator as he arrived under tight security in the Baghdad courtroom.
”I was forced into the courtroom,” Saddam angrily told chief judge Rauf Rasheed Abdel Rahman, whose tough handling of the trial had triggered a boycott by all eight defendants at the last hearing on February 2.
”This is not a court this is a game,” Saddam shouted, pounding on a podium in the dock.
Abdel Rahman, who took over as chief judge only last month, banged his gavel on several occcasions as he sought to silence Saddam’s efforts to discredit the tribunal.
The judge warned the former dictator that he would not be permitted to boycott the trial which has frequently descended into chaos since it opened in October.
”The law states that if the defendants refuse to appear before the court, he will be forced to appear before court, we are implementing the law,” Abdel Rahman said.
All eight defendants face the death penalty if convicted on charges including murder and torture over the massacre of more than 140 Shi’ites after an attempt on Saddam’s life in 1982 in the town of Dujail. They have all pleaded not guilty.
The visibly-annoyed Kurdish judge made clear his patience had run out and cut Saddam off when Iraq’s 68-year-old deposed leader asked for another chance.
”I’ve given you enough chances,” Abdel Rahman retorted, amid repeated insults by Saddam, who shouted: ”God damn your moustaches,” a slur meant to denigrate the judge’s manhood.
Barzan al-Tikriti, Saddam’s half-brother and former secret police chief, also frequently interrupted the session as guards were seen pushing him down into his seat in the dock.
”You are a military judge,” a greying Barzan shouted, clad in a long-sleeve white undershirt, who then defiantly left the dock and sat in the centre of the courtroom with his back to the judge.
The chief prosecutor Jaafar al-Mussawi requested Abdel Rahman appoint new lawyers for the defendants, but Saddam fiercely resisted the effort.
The Iraqi strongman’s chief attorney told reporters earlier on Monday that Saddam and his seven co-defendants had planned to continue skipping the hearings.
”No international law can force people to attend trials,” said Khalil al-Dulaimi, head of Saddam’s defence team.
”Unles you change the law and turn it into the law of the jungle.”
First the defence lawyers and then Saddam himself walked out of the court in protest during a stormy session on January 29 to protest Abdel Rahman’s decision to forcibly expel Barzan for being disruptive.
The high-profile trial has frequently descended into farce, with sessions featuring long outbursts or walkouts by the defendants and their counsel as well as the resignation of the previous chief judge and the killing of two defence lawyers.
Ahead of Monday’s court session, Dulaimi said the defence team had a number of conditions before they would return, including replacing Abdel Rahman and Mussawi.
He also called for improved security for defence counsel and continuous television transmission of the trial without periodic cuts to ensure it is ”transparent and fair”.
Adding further drama, a member of the Amman-based legal team of the defendants said on Sunday that the eight men had decided to stage a hunger strike to protest attempts to force them to appear in court. But this was swiftly denied by Dulaimi.
A court official said three officials from the former regime were to testify on Monday — Hassan al-Obedi, a former intelligence official, Ahmed Hussein Khudeir, a former presidential chief of staff and an anonymous third official.
The trial has now moved to its second phase, from victims testifying about abuses of security forces to witnesses, including regime officials, shedding light on the events of that period.
International human rights activists believe that Abdel Rahman has a tough job ahead of him.
”The Iraqi High Tribunal is at a crossroads,” said Richard Dicker, director of the New York-based Human Rights Watch’s International Justice Programme.
”The court is fully entitled to discipline lawyers for misconduct. But if the court takes the drastic step of dismissing defendants’ chosen attorneys and imposes new lawyers who the defendants reject, the judges are taking an enormous risk with the fairness of the trial.” – Sapa-AFP