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Saddam Hussein on Trial
  International lawyer Simone Monasebian analyzes the first day of court proceedings
Oct. 19, 2005
 

Court TV Host: A defiant Saddam Hussein pleaded not guilty to charges of murder and torture as the first of his long-awaited trials began Wednesday with the one-time dictator arguing about the legitimacy of the court and scuffling with guards. The first session of the trial lasted about three hours, and the judge ordered an adjournment until Nov. 28. Discuss the dramatic events with UN official and war crimes tribunal lawyer Simone Monasebian, also a Court TV analyst.

Court TV Host: Welcome, Simone Monasebian, thanks for being our guest today. Anything you'd like to say before we take questions?

Simone Monasebian: Hello everyone. Interested in knowing whether anyone out there believes he will get a fair trial?

Question from Jake: He is history.

Question from Alison: Fair isn't the word I'd choose.

Question from LEXI: He doesn't deserve a fair-trial.

Simone Monasebian: Dear Lexi: While I understand where you're coming from, I'd be interested in knowing what the criteria for who deserves fair trials and who does not is?

Question from cic-CTV: Of course he deserves a fail trial -- anything less and we're no better than he is.

Question from Alison: That's the mentality that got him in power in the first place.

Question from time4truth: Of course he does...otherwise, how will their new democratic society work? You can't start it off by not abiding to that new process.

Question from Sailor: What is your view on whether or not he will get a fair trial?

Simone Monasebian: Whether or not he is convicted is not the indicia of whether the trial is fair or not. I think that if the evidence is not disclosed to him in a timely manner with the opportunity to confront the witnesses and know who they are, he is unlikely to receive a fair trial, but if they put their money where their mouth is and find ways to protect witnesses and information so that he can receive it in a timely manner with the actual names of the witnesses and information about them to effectively cross examine them, we are more likely to see a fair trial.

Question from Jake: Simone, would Hitler have received a fair trial?

Simone Monasebian: The other high profile defendants in the Nuremberg trial, were very hated yet received fair trials. It is possible that he would have received the same procedural and substantive due process afforded to the other defendants, in that case.

Question from JERRY: Simone, what specific charges is Saddam facing?

Simone Monasebian: He is facing 4 types: 1. Crimes Against Humanity. 2. War Crimes. 3. Genocide. 4. Crimes against the Iraqi Code. All of them relate to his prolific history of oppression. And that would include gassing the Kurds, drying up the marshlands in the South to destroy the Shiite people there, invading Kuwait, war crimes against Iran. But the first case is a small 1982 incident of his alleged retaliation against a village 35 miles from Baghdad after facing an assassination attempt there.

Court TV Host: What about the argument that many have made that those are the kinds of crimes, especially after Nuremburg, that ought to be tried by an international tribunal rather than a court in Iraq?

Simone Monasebian: One good reason to do it in an international setting is to make the point to the entire world this is not just about Iraq, but rather a matter for all of humanity to be concerned about. Another reason is to take the trial out of a prejudicial location where passions are too high. But good reasons to keep it in Iraq include making it more real and accessible to the Iraqi people. And also giving them the opportunity to show that they are capable of bringing justice to their own people.

Question from JudgeGuilty: What is the Iraqi Code?

Question from time4truth: The new iraqi code? How is it possible for him to be tried for that if it didn't exist during his regime?

Simone Monasebian: The Iraqi criminal code has been on the books for decades and in many respects is very fair and balanced. That's the one they are using. The problem was that S.H. circumvented that code by resorting to special extrajudicial courts that did not abide by or use that code.

Question from Cosmo: What's up with the playpen-looking thing ?

Simone Monasebian: In the international Tribunals at the Hague and the ones for Rwanda and Sierra Leone the accused do not sit next to their lawyers but rather a row or two behind them. I do not think that is a very effective way to defend yourself but it is a lot better than the playpen, which is too far from the lawyers and looks prejudicial.

Question from Sailor: Are the judges and juries governed by anyone higher then they are?

Simone Monasebian: There are two trial chambers each made up of five judges. The trial chamber judges can be overruled by the appeals chamber made up of nine judges. As to the death penalty, I think the government also has to be involved by signing death warrant.

Court TV Host: What law are they following?

Simone Monasebian: First, there is the statute of the tribunal which was written up a few months after Saddam was apprehended. Then there are the rules of evidence and procedure written up still more months later. Both of them were cut-and-paste jobs from the other international war crimes tribunals. In the Iraqi statutes and rules of evidence and procedure it states that the judges can look at the precedents of the other war crimes tribunals. Only thing is those precedents are not in Arabic! How will these judges read them?

Question from Hammy: Although many find it abhorrent the way Saddam's forces meted out punishment, tongue cutting, arms chopped off etc., this punishment is prevalent in the middle east and in Saudi. I wonder why the western governments have never pursued actions against the Saudi's? Especially a country that endorses hate towards the west in their schools?

Simone Monasebian: Your question is one that others have also discussed in the past, and you make some interesting points. I think that everything at the end bogs down to politics and national interests at the time. Why do we have war crimes tribunals for the former Yugoslavia and Rwanda and not other places that also need them. Why do we give trailers that are rent-free to people who are victims of some hurricanes but not others? There is no good answer.

Court TV Host: Any closing thoughts?

Simone Monasebian: This is not only important for the Iraqi people, but also for Americans. We started this tribunal and we have to find a way to encourage it to be fair and efficient. The two are not inconsistent despite the fact that they are often opposing interests. .

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