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SADDAM H. CHRIST - PART 2A Chat With Hussein's LawyerCan we discuss the trial itself? Saddam was defeated militarily but not constitutionally. If you throw him out in an act of war, he still has his status as president. He is absolutely protected as a war prisoner by the Geneva Convention, and Geneva is very clear about this. It explains the tools and the means of how you deal with a president, a war commander, his troops, and his weapons. But the laws of Geneva don’t work for America, because if they used the normal laws Saddam would have been acquitted. So they thought, “What shall we do?” and they decided to make it up themselves. After spending millions of dollars, Mr. Paul Bremer [director of reconstruction and humanitarian assistance for postwar Iraq] came up with the idea of establishing a special court called the Central Criminal Court of Iraq. Is that an unprecedented act? Well, even Milosevic was given the full right to defend himselfthe right to a fair trial. The difference is that his trial was under international criminal law. In Iraq, Bremer established what he called “Court Number 1.” The Americans always say that we should abandon all special courts in the Third Worldthat there should be no military courtsbut all that debate was thrown out by establishing this court. This special court was brought in by Americans and designed by Americans. What do you have to say about the way the trial proceedings were conducted? This was a trial of ethnicity, not an international trial. It should have been impartial and the co-defendants and co-accusers should have had the right and time to speak for themselves. My team should have been allowed to speak freely and openly, but every time we stood up the judges would say, “OK, OK, later, later you can talk.” It didn’t give us a good feeling or faith in the system. I feel that if I’d had a proper, independent, impartial court, I could have received an acquittal and he would not have been sentenced to death. This guy should have been able to exercise his normal constitutional rights. What was his mental health like before he died? The last time I saw Saddam was in July, before the courts stopped us from meeting with him toward the end. He was normaltaking into account that he was taking medication because he had heart problems. He was not a young guy, keep in mind. Plus he had been detained for over three years without understanding why, and formerly he had been the president of a state for over 30 years. We asked him if he wanted to see anyone and he said, “I want to see my family and my daughter, but my family is not the problem. My problems are Iraq’s problems. I am not a criminal being detained who needs to talk to his family.” Was he allowed any indulgences inside the prison? All he wantedand received because of our pestering the judgewas a radio to listen to the BBC and Cohiba cigars. What are your thoughts on the handling of Saddam’s execution and the pro-Muqtada Al-Sadr chanting as he was hung? It reflected and revealed two things: How much hate was inside the heart of the Mahdi Army, and the hatred and division that exists between the political parties of today’s Iraq. It revealed that his whole trial was based on ethnic attitudes and showed that this was just a political trialnot a factual trial. You have stated publicly that the trial was a sham. Was it even worth defending him? Yes, it was. We always have to do something. To keep lying is dangerous. I can’t stay blind when I know there is a miscarriage being carried out. What do you think of Iraq without Saddam?I think with the death of Saddam an era has been closed. And what hopes do you have for Iraq now? Well, there are a lot of predictions. There is talk of a huge massacre coming on the 12th of Junea massacre between Shia, Americans, everybody. It has nothing to do with Saddam anymore. Saddam is part of history now. You Americans opened up a Pandora’s box and you don’t understand what will come out of it. It will be no feeling and no regretjust killing. You should write a book about your experience with Saddam’s trial. I am corresponding with an agent in the US. I still need an editor. If you read it I think you will cry. Did Saddam ever express any regrets to you? I once asked, him, “Why, Saddam? Why? Why invade Kuwait?” And he just shrugged his shoulders and said, “Everybody makes mistakes. I have made mistakes, but I think I did something for my country.” Did he have his cigars till the end? Yes, he had his Cohibas until the end. INTERVIEWED BY TANYA HABJOUQA SADDAM H. CHRIST | 1 | 2 |
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