Monday, Oct. 17, 2005

Speed Read: Saddam's Trial

By Elaine Shannon, Christopher Allbritton

This week, Saddam Hussein is expected to have his day in court. The former Iraqi dictator's trial will draw a sharp line between Iraq's past and its future. But don't expect it to look like Law and Order transplanted to Baghdad. A primer on the court, its task and the possible outcomes:

What are the charges?

Premeditated murder, torture and forced expulsion, as well as possible others, linked to the 1982 Dujail Affair, in which men from the town of Dujail tried to kill Saddam as his convoy passed through town. The regime retaliated, torturing and killing 143 townspeople, and destroying the orchards that were the town's source of income.

What will happen in court?

Saddam will sit behind bulletproof glass, before a three-judge tribunal. There will be no jury. Instead of the adversarial model of British and U.S. courts, expect to see the inquisitorial system of France and Egypt. A team of investigative judges gathers facts, levies charges and refers them to the three-judge tribunal, which calls and quizzes witnesses. Saddam's lawyers can suggest names, but they can't call their own witnesses.

Can he get a fair trial?

Not at the moment, say Saddam's lawyers. They're already claiming the tribunal didn't hand over its case file of 2 million documents until Sept. 25. With less than the full 45 days the law allows to mount a defense, Saddam's team will likely move for an immediate dismissal. If that fails, they'll argue for a delay to review the tribunal's file. If that doesn't work, expect them--rightly--to play the "unfair" card.

What if he's convicted?

There will be an appeal, but it's expected to fail.

The evidence against the former dictator seems strong and possibly includes his personal sign-off on a list of the 143 from Dujail who were executed. If found guilty, he would be hanged within 30 days of his final appeal, in line with Iraqi law.