Ali Hassan al-Majid (“Chemical Ali”), the former Iraqi general in charge of carrying out the 1988 gas attack against the Iraqi Kurds, is expected to appear next week before the Iraqi Special Tribunal. "Flaws in the tribunal’s statute raise serious concerns about the prospect of fair trials," Human Rights Watch said Friday.
“Trials for atrocities committed during Ba’ath Party rule could not be more important for the victims and to show that justice works,” said Richard Dicker, director of the International Justice Program at Human Rights Watch. “But the process must be fair for justice to be done.”
The Iraqi Special Tribunal statute lacks significant fair-trial protections, including explicit guarantees against using confessions extracted under torture, and a requirement that guilt be proven beyond a reasonable doubt. At the same time, a suspect convicted by the tribunal may face the death penalty, which precludes the United Nations from providing the tribunal with much-needed technical assistance.
The tribunal’s statute also fails to require that judges and prosecutors have relevant experience trying cases of genocide, war crimes, and crimes against humanity.
According to HRW, the statute bars international experts from participating as prosecutors while it allows for international judges, none have been approved.
