Washington, DC, 8 January 2007
Your urgent attention is respectfully drawn to the imminent execution of Mr. Barzan Tikriti and Judge Awwad Bandar. The Iraqi authorities with the cooperation of the United States government plan to execute both of these men after having provided them an unfair trial before the extraordinary Iraqi Special Tribunal (IST).
The trial of these two men before the IST has been found to be unfair by every independent international legal expert reviewing the matter. These experts include the UN Special Rapporteur on the independence of judge and lawyers, Professor Leandro Despouy; the UN Working Group on Arbitrary Detention—who has been authorized by all UN member states to make such determinations; as well as international human rights NGOs, including Human Rights Watch, Amnesty International, Transitional Justice, and the Friends’ Service.
As you are aware the United States and Iraqi government have already executed former Iraqi President Saddam Hussein after the same unfair trial on the an important Sunni Muslim holy day and in a disgraceful manner that has enraged Sunni Muslims. This execution has already further inflamed violence in Iraq with several Sunni groups who had been engaged in negotiations with the government withdrawing and pledging to avenge the death of the former Iraqi leader.
The executions of these two men will further infuriate and insult the values of all Muslims and Arabs. They will incontrovertibly show the world that the United States and Iraq is will to summarily and arbitrarily execute individuals after unfair trials. More unfortunately it will send a clear indication to Iraqis and Arab and Muslims everywhere, that the international community is not willing to protect their rights.
You are urgently requested to make a public statement and formal diplomatic representations to the governments of Iraq and the United States urging them not to carry out the executions and to ensure that the defendants are provided fair re-trials.
Respectful regards,
Curtis F.J. Doebbler
Tel: +39-338-538-3612 or +39-041-937664 or +41-78-661-0208
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
It
was created in violation of international humanitarian law
The
trial was unfair “aggressor’s
justice”
2. The
IST’s judgment and executions violate Iraqi law
3. The
IST’s 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))
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)
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))
Right
to trial without delay (ICCPR, art. 14(3)(c))
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))
Right
to communicate with lawyer of own choosing (ICCPR, art. 14(3)(b))
Right
to transmit correspondence (ICCPR, art. 17 and 19 and ADRDM, art. X)
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].
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