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Serious concerns have been raised about the independence of the court trying former Iraqi President Saddam Hussein and whether it meets international standards.
As he prepares to face his accusers, New York-based group Human Rights Watch expressed unease about limits on the ability of Saddam to mount a defence, the burden of proof, political sway over the court and use of the death penalty.
Questions also surround the fact the Iraqi Government has passed new laws governing the court, but has not yet brought them into force. Those new statutes could take effect in the next few days, or after the trial begins, raising further doubts about the clarity of procedures.
Saddam and seven others are due to appear in court tomorrow on charges of premeditated murder in the deaths of more than 140 Shi'ite men from the village of Dujail, north of Baghdad, following a failed attempt on Saddam's life in 1982.
In an 18-page report on Sunday, Human Rights Watch questioned trial preparations, including the amount of time the defence had been given to study evidence and its access to witnesses, and said proceedings might not be free or fair.
Amnesty International and Human Rights Watch are due to have observers in the courtroom, although it is not clear if passes provided by US authorities for access to the fortified Green Zone compound, where the court is, will be granted on time.
When the trial gets under way, Saddam's chief lawyer, Khalil al-Dulaimi, is expected to challenge the legitimacy of the court, which was set up in December 2003 by US-backed authorities.
If Saddam and his seven co-defendants are found guilty in the Dujail case, they could be executed.
Under the tribunal's new statutes, which have yet to take effect, convicted defendants must have their sentences carried out within 30 days of their last appeal failing.
In theory that means Saddam could be executed before facing trial for other crimes.
Human Rights Watch called such a provision "draconian," and called for a re-examination of the capital punishment provision, which international criminal courts reject as inhumane.
(China Daily October 18, 2005)
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