Iraq: No Political Show Trial for Saddam Hussein
International Expert Participation Key to Trial

(New York, December 14, 2003) - The Iraqi Governing Council must not mount
a political show trial of Saddam Hussein, Human Rights Watch warned today.

The U.S. Fourth Infantry Division took Saddam Hussein into custody
yesterday. U.S. forces have not announced what they plan to do with the
former Iraqi leader, but have previously made clear their support for an
Iraqi tribunal to carry out prosecutions for crimes of the past. Last week,
the Iraqi Governing Council created a new tribunal to prosecute the crimes
of Iraq's past.

"Saddam Hussein's capture is a welcome development and it's important that
the Iraqi people feel ownership of his trial," said Kenneth Roth, executive
director of Human Rights Watch. "But it's equally important that the trial
not be perceived as vengeful justice. For that reason, international
jurists must be involved in the process."

Human Rights Watch has compiled substantial dossiers on the crimes of the
former Iraqi leader, and published numerous reports on human rights abuse
under his rule, including genocide and crimes against humanity.

On December 10, the Iraqi Governing Council issued a law establishing a
tribunal to try genocide, war crimes, and crimes against humanity. The
tribunal law includes provisions on the rights of the accused and applies
definitions of international crimes that are largely consistent with
international law. However, key provisions are lacking to ensure
legitimate and credible trials.

The tribunal law does not require that judges and prosecutors have
experience working on complex criminal cases and cases involving serious
human rights crimes. Nor does the law permit the appointment of non-Iraqi
prosecutors or investigative judges with relevant expertise.

"Iraq has no experience with trials lasting more than a few days," said
Roth. "International expertise in prosecuting genocide, war crimes, and
crimes against humanity cases must be utilized to ensure a fair and
effective trial."

Human Rights Watch said any court conducting the trial must be independent
of political influence, and free of bias and partiality. The trial must
give the benefit of every protection for the rights of the accused under
international law. Saddam Hussein must be allowed to conduct a vigorous
defense that includes the right to legal counsel at an early stage.

The tribunal law does not prohibit the death penalty and does not ensure
that guilt must be proven beyond a reasonable doubt. In addition, the law
does not sufficiently address protection of witnesses and victims or
security for the tribunal and its staff.

"Any tribunal trying Saddam Hussein should apply international standards of
justice," said Roth. "To do otherwise would blur the distinction between
the Ba'ath Party period and the Iraq of the future."

Human Rights Watch has recommended forming a Group of Experts including
Iraqi and international specialists to suggest appropriate accountability
mechanisms and facilitate collection and preservation of evidence. A mixed
Group of Experts would allow Iraqi jurists to draw on international
experience gained from trying serious past crimes committed in the former
Yugoslavia, Rwanda, and Sierra Leone, Human Rights Watch said.

"The Iraqi Governing Council should partner with the United Nations to
create an accountability process that works," said Roth. "There won't be a
second chance to do this right."

Some of the crimes for which Saddam Hussein might be prosecuted include:

- The genocidal Anfal campaign against the Iraqi Kurds, which resulted in
the deaths of some 100,000 civilians and the destruction of more than
4,000 villages;
- The use of chemical weapons against Iranian troops and Kurdish
civilians;
- The large-scale killings that followed the failed 1991 uprisings in the
north and south of Iraq;
- The destruction and repression of the Marsh Arabs; and
- The forced expulsion of ethnic minorities in Northern Iraq during the
"Arabization" campaign