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FACTBOX-What happens next after Saddam verdict

04 Nov 2006 23:03:50 GMT
Source: Reuters

Nov 5 (Reuters) - A verdict is expected on Sunday in the trial of Saddam Hussein and his seven co-defendants charged with ordering the killing and torture of hundreds of Shi'ite villagers after a 1982 assassination attempt in Dujail.

Following are some questions and answers about the legal procedure and what happens after a verdict is announced.

THE COURT:

Saddam and his co-defendants are being tried before what was originally called the Iraqi Special Tribunal, established in December 2003 by U.S.-led occupation authorities. It became known as the Iraqi High Tribunal in October 2005 and consists of two trial chambers with five judges in each.

THE CHARGES:

Saddam has been charged with crimes against humanity for the arrest, torture, killings and deportation of 399 men, women and children. A total of 148 were killed. The charge sheet includes wilful killing, deportation or forcible transfer of population, imprisonment, torture, enforced disappearance of persons and other inhumane acts.

Prosecutors have demanded the death penalty for Saddam, his half-brother Barzan al-Tikriti, former vice president Taha Yassin Ramadan and former Revolutionary Court head Awad Hamed Al-Bander. They also asked for a reduced punishment for three local Baath party officials and that a fourth be freed.

THE VERDICT:

A five-panel judge will issue a majority verdict. Proof must be shown only to the "satisfaction" of the judges, falling short of the "beyond reasonable doubt" benchmark of the Anglo-Saxon legal system.

If found guilty, Saddam faces the maximum penalty of death, which is carried out by hanging. Saddam has said he deserves to meet this fate by firing squad because he is a military officer. Judges could also hand down a sentence of life in prison.

THE APPEAL:

Defendants can appeal against the verdict to a nine-member appeals chamber. If the verdict is death or life in prison, an appeal is automatic even if defence counsel does not submit one. Any sentence must be carried out within 30 days of all appeals being exhausted. There is no statute of limitation as to how long the appellate court can take on ruling.

The presidential council, made up of Iraq's president and two vice presidents, has to ratify any death sentence before it is carried out. The current president is an ethnic Kurd and the two vice presidents are a Shi'ite and a Sunni Arab.

Iraqi law states that the corpse of the executed person is handed over to relatives if they so request. Otherwise the prison authorities will carry out the burial at government expense, but there will be no funeral ceremony.

OTHER CASES:

Saddam is also facing charges in a separate trial for genocide against ethnic Kurds. Even if the ousted leader receives a death sentence, proceedings for the Anfal (Spoils of War) military campaign will continue. Only after the death of a defendant are the charges of other cases dropped.

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Last updated:Sat Nov 4 23:05:55 2006