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In the Name of God the Most Compassionate and Merciful the Republic of Iraq

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In the Name of God the Most Compassionate and Merciful the Republic of Iraq In the name of God the most compassionate and merciful The Republic of Iraq Iraqi High Tribunal Case number: 2/first trial chamber/2008 First Trial Chamber Date: March 11, 2008 Summary of the merchants’ execution case verdict Notes: 1- The verdict had written in Arabic language, and it 297 pages. 2- The court was listened to 25 civilian plaintiffs and witnesses; however some of them repeat a same information and story, so I chose the only important testimonies in this summary depend on the informationand how much it related to each accused. Trial procedures First : The first version of the " merchants execution case" file was received and audited by the first felony chamber at the Iraqi High Tribunal on 02-21-2008. According to the general prosecution commission letter number ( 2 A merchants) on 02-19-2008. The court noticed that the case consists of (14) folders and (2314) pages accompanied by (CDs) as evidences reinforce the refer decision. The accused were referred from the investigative judge for a trail according to article (12 /first), paragraphs ( A,E.J ) and in reference to article (15/second) of the amended IHT law number (10) of 2005 according to article (409/1/A) of the amended Iraqi penal code number (11) of 1969. The accused are; PURL: https://www.legal-tools.org/doc/bd3237/ # accused name Nationali Date of Occupation ty birth 1 Wetban Abraheem Alhasan Interior secretary 1992 Iraqi 1953 2 Sabayi abrahem Alhassan Iraqi 1947 Head of the general security 1992 to 1995 3 Ali hassan almajeed Iraqi 1941 Dissolved revolution council member 4 Tariq Aziz Isa Iraqi 1936 Dissolved revolution council member 5 Mizban Kkider Hadi Iraqi 1938 Dissolved revolution council member 6 Abed Hameed Mahmood Iraqi 1956 Ex regime president secretary during the incident 7 Ahmed Hussein Khudair Iraqi 1939 Finance secretary 1992 to 1995 8 Isam Rasheed Hiweish Iraqi 1939 Central bank governor Second: The court audited the case file and noticed that the referral consisted of 8 paragraphs. In the first paragraph, the accuseds names, ages and occupations were mentioned; the 2nd paragraph, the legal article that the accused were referred based on it; 3rd paragraph, crime type and consider it as a crime against humanity; 4th paragraph, crime scene that took place at the interior department and general security department, 5th paragraph crime period from1992 to 1995 and it was mentioned that a systematic policy when arresting the merchants and executing them, hands amputating , stigmatizing their foreheads and confiscation their properties , 6th paragraph names of the victims, complainant, and the civilian plaintiffs. And 7th paragraph the gathered evidences which are: 1- Complainants, civilian plaintiffs and witnesses statements. 2- Documents, official notes, private folders of executing 40 merchants and hands amputating and foreheads stigmatizing. 3- Death certificates, legal documents and Iraqi identification cards of the victims. 4- Audio and video CDs. PURL: https://www.legal-tools.org/doc/bd3237/ 5- The accused's statements by the investigation judge. In the 8th paragraph, the investigation judge referred to the documents, notes, official corresponding, orders and commands by the ex regime, survivors, complainants, civilian plaintiff, witnesses and CDs contents. He said that a large scale attack occurred to a group of the civilians based to a systematic policy, and then the crime was considered as a crime against humanity. Therefore, he decided to referred the accuseds to according to article (12) paragraphs ( A ,E ,J ) of provision (first) and in reference ( 15 / second ) of IHT law number (10) of 2005 and article ( 406/1/A) of the amended Iraqi penal code number (111) of 1969. After the case has been registered under number ( 2/F first/ 2008 ), the court audited the folder content. A note from the general prosecution commission sent to the court on 03-09- 2008 number ( 4 A merchants) indicates to notify the accuseds defense council of the merchants case and delivering them a (CD) contains the complainants and witnesses names. The general attorney requested to listen to them and to review the documents during the trail according to (40) and (41) of rules of procedures and gathering the evidences of the IHT number (10) of 2005. All the court commission members have met. After auditing and consulting, the court assigned 04-29-2008 as a date to conduct the trail, also informing the general prosecutor commission about it and the concerned people ( the case 2 parties in the assigned day). Third: on April 29,2008 the trial chamber formed in the first session of the trial with attending of prosecution committee . The court find there were just seven accuseds and the accused Ali Hassan almejeed did not bring to the court room because he is sick according to the doctor report date April8,2008. The court assigned day May 20, 2008 to conduct the trial and inform all parties about it. On May 20,2008, in the second session the trial chamber formed by whole members with attend of the prosecution committee. The court recognized whole parties were attended the session includes the defense council except the defense council for accuseds Ahmed Hussein khudair and Isam Reshed …. Because the both accuseds didn’t have defense council, the court appointed lawyer for both of them for the defense council office in IHT. PURL: https://www.legal-tools.org/doc/bd3237/ Fourth: the trail was conducted publicly according to article (20/ 4th) of IHT law number (10) of 2005 and the rule number (50) . The court listened during the first 19 sessions to the civilian plaintiffs and witnesses testimonies to investigate the evidences of the claim. In 11-09-2008, the 20th session was assigned to accuse the charges to the accuseds and taking their statements upon the attendance of their defense council in order to be aware of the charges against them and listening to them later as it is known in the international criminal trials. The court provided the accuseds and their defense council with the charges against them. On 08-27-2008, in the 15th session, the court explained to accuseds and their defense lawyers that the court assigned the defense lawyer to submit witnesses’ names and document them in a folder. Then, the court showed the delay period to the accused which is more that 40 days in order to prepare themselves to statements stage, and based on accuseds and their defense council to give them more time. The trail was delayed to 11-16-2008. In 11-17-2008 ,in the 21st session the accuseds asked for another delay in order they could meet with their lawyers, therefore the trial was delayed to 11-17-2008 During the 23rd and 24th, the court listened to the accuseds statements. In the 28th session of the trial on 01-12- 2008 that took place the accused (Wetban Abraheem Alhasan) defense lawyer that the defense witnesses could not attend to the trial, the accused said that he refused those witnesses since they were not willing to attend. Then, the defense lawyer for the accused (Isam Rasheed Hiweish ) submitted his defense statement, the defense lawyer for the accused (Mizban Kkider Hadi ) submitted his defense statement, the defense lawyer for the accused (Ali hassan almajeed ) submitted his defense statement and the lawyer for the convict (Tariq Aziz Isa ) submitted his defense statement. On 01-13-2008, in the 29th session the defense lawyer for accused (Abed Hameed Mahmood ) submitted his defense statement, the defense lawyer for accused ( Ahmed Hussein Khudair)submitted his defense statement, the defense lawyer for accused (Watban Abraheem Alhasan) submitted his defense statement and the defense lawyer for accused(Sabayi abrahem Alhassan ) submitted his defense statement. On 01-150208, in the 30th session the court decided to listen to the final statement of the accuseds. Then the court delay the trial till Feb.15,2008 to auditing the case file. On PURL: https://www.legal-tools.org/doc/bd3237/ feb.15,2008 , in session 31st the court decided continue auditing, so it delay the trial session till feb.24,208. On Feb. 24,2008, the trial chamber finished their audit and decided vthe verdict will be in the next session on arch 11,2008. Discussing the available evidences against the accuseds The court discussed the available evidences against each accused individually to determine his criminal and personal responsibility about the criminal actions that were assigned to. First, the court discussed the gathered evidences against the accused (Wetban Abrahem Alhasan ) then (Sabayi abrahem Alhassan ) and (Abed Hameed Mahmood ), later, the court discussed the gathered evidences against the accuseds (Tariq Aziz Isa ), (Ali hassan almajeed ) , (Mizban Kkider Hadi ) , (Ahmed Hussein Khudair ) and ended discussing the gathered evidences the accused (Isam Rasheed Hiweish) . The court followed an identical strategy in auditing and discussing the available evidences, documents, facts, and events in the claim and took into consideration all the international standards of a fair trial. In addition, the court has bound to what mentioned in this court law number (10) of 2005 and the rules of procedures and evidences collection and criminal procedure law number (23) of 1971. It also provided all the guarantees for the accuseds and their defense freely. The court has followed a logical sequence in order to reach to the fixed facts and complete persuasion such as first, explaining the crime types against the accuseds and a brief summary of the witnesses statements, and listing all the documents for every each one, then listed all a brief statement for each accused and his defense witnesses., then it determined the legal regulation for the each accused's action before make a decision against each one separately.
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