VZCZCXRO8147
OO RUEHBC RUEHDA RUEHDE RUEHIHL RUEHKUK RUEHMOS
DE RUEHGB #0360/01 0381041
ZNR UUUUU ZZH
O 071041Z FEB 06
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2541
RHEHNSC/WHITE HOUSE NSC WASHDC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC
INFO RUCNRAQ/IRAQ COLLECTIVE

UNCLAS SECTION 01 OF 02 BAGHDAD 000360 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KJUS KCRM KDEM IZ
SUBJECT: TRIAL OF SADDAM HUSSEIN - SESSION 9 
 
¶1. (SBU) SUMMARY: The ninth session of the Ad-Dujayl trial 
was delayed on February 1 as five of the eight defendants 
refused to comply with the Court's order to appear before it. 
 After only three defendants complied, the Court heard 
testimony from two complainants and three witnesses.  The 
defendants' private defense team, which had walked out of the 
January 30 session, provided the Court with a list of 
demands, and the Court responded with its own list for the 
defense team.  The new presiding judge, Judge Raouf, has 
introduced an increased level of procedural discipline and 
decorum that have made the process more orderly and focused. 
END SUMMARY. 
 
¶2. (SBU) The ninth session (2/1/06) of the Ad-Dujayl trial 
was delayed as five of the eight defendants refused to comply 
with the Court's order to appear before it.  Prior to the 
opening of the session, the presiding judge announced that 
the session would begin as a closed session.  At 1145, the 
Court ordered the detainees to be brought to the courtroom; 
however, only three defendants had voluntarily complied by 
¶1310.  The presiding judge recessed the court to permit 
additional time for the remaining defendants to comply.  The 
session resumed at 1350 in an open session, although no 
additional defendants were present.  The court heard 
testimony from the two remaining complainants and the first 
three of five "at-large" (those not detained) witnesses. 
(NOTE: Testimonies from injured parties (complainants) are 
heard prior to evidence from other sources. END NOTE.) 
 
-------------------------- 
Defense Attorney Wrangling 
-------------------------- 
 
¶3. (SBU) The defendants were represented by their Iraqi High 
Tribunal (IHT)-appointed attorneys.  The private defense team 
had been barred from returning to future court sessions after 
its walkout on January 30. On February 3, the Court received 
a letter from the private defense team that set the following 
conditions for their return: 
 
-- The Court should be just, impartial, and in accordance 
with the law; 
 
-- The Court should apologize to the defense attorneys and 
cancel the session held without them; 
 
-- Chief Judge Raouf Abdul-Rahman should resign due to his 
partiality resulting from past persecution by Saddam's former 
regime; 
 
-- The Iraqi Ministry of Interior should ensure the safe 
travel of the defense attorneys while they are in Iraq, but 
actual protection of the attorneys and their families should 
be provided by the U.S. military; 
 
-- Adjournments should not be less than one month to 
accommodate defense attorneys traveling from outside Iraq; and 
 
-- Only the defendants should have the right to replace their 
counsel, not the Court. 
 
¶4. (SBU) The Court informed the private defense team that 
they would be required to: a) submit a public written 
apology; b) agree to comport themselves properly in court 
sessions; and, 3) observe decorum standards by wearing the 
appropriate legal robes for defense attorneys.  (COMMENT: 
RCLO attorneys advise that these requirements appear both 
prudent and consistent with the Court's responsibilities. 
There was no indication of any predilection to compromise by 
either side.  END COMMENT.) 
 
----------------------------------- 
Judge Raouf Abdul-Rahman, Presiding 
----------------------------------- 
 
¶5. (SBU) COMMENT: The eighth and ninth sessions provided the 
clearest example yet of the climate change resulting from the 
replacement of Judge Rizgar Amin by Judge Raouf Abdul-Rahman 
as presiding judge.  The Court sessions were previously 
characterized by time consuming diatribes by Saddam Hussein 
and his co-defendants, obfuscating dialogue by the defense, 
and procedural confusion.  Judge Raouf has introduced an 
increased level of procedural discipline and decorum that 
have made the process more orderly and focused.  After this 
session, no one doubts who is in charge.  END COMMENT. 
 
¶6. (SBU) Judge Raouf's objectivity was challenged by the 
expelled defense attorneys' letter of demands in which they 
questioned the impact of Raouf's personal and familial 
grievances with the former regime.  These grievances were 
 
BAGHDAD 00000360  002 OF 002 
 
 
said to include his sentencing twice to life in prison and 
active membership in Kurdish partisan politics. 
 
¶7. (SBU) COMMENT: Although the defense team's allegations 
were not immediately verifiable, Judge Raouf stated that he 
would pursue appropriate legal remedies against the defense 
team for making these claims.  The Judge advised the RCLO 
that his encounters with the law occurred before Saddam came 
to power and were tied to his previous membership during the 
1960s in the Iraqi Communist Party.  END COMMENT. 
 
¶8. (SBU) Unconfirmed press reports indicate that Judge Raouf 
was born in Halabja and that several members of Judge Raouf's 
family were killed in the chemical gas attack which occurred 
there in 1988. 
KHALILZAD