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IHT Dujayl Appellate Judgment Translated by MIZNA MANAGEMENT LLC | 877.320.9128 [email protected] | questions & comments can be sent to www.mizna.net Iraqi High Tribunal Baghdad, Iraq Number: 29/c/2006 Date: December 26, 2006 The a ppeals c ommission of t he Iraqi H igh T ribunal w as f ormed on December 12, 2006, comprising of j udges authorized t o adjudicate i n t he name of t he people and issued the following verdict: Appellants: 1- Public prosecutor in the High Iraqi Court. 2- Complainants a nd t hose c laiming pe rsonal r ight/ r epresented b y t he attorneys Salam Abdil Wadoud Al Lamy, Mohammad Abdil Nabi Al Jawhar, Abdil Wahab Abdil Rida Al Okaili, Ali Shalham Al Hmaidawi, Mohammad Ali Al Lamy and Abid Hassan Al Kinany. 3- The convicted Saddam Hussein Al Majeed/ represented by attorneys Khalil Ad D ulaimy, W adoud Fawzi, Issam A zzawi, R amsey C lark, Bushra Al K halil, Ahmed As Siddiq, Mohammad Tayyib, Ziad An Najdawi and Curtiss Dubilz. 4- The Convicted Barzan Ibrahim Al Hassan/ represented by attorney Wadoud Fawzi Shams Ed Deen. 5- The C onvicted T aha Yassin R amadan/represented b y attorneys S ulaiman Abbas Al Jabbouri, Bushra Al Khalil and Mohammad Mounib. 6- The Convicted Abdallah Kathem Rowayid/represented by attorneys Tamer Al Mashhadani, Hisham al Fitian and Mohammad Harbi Al Jinabi. 7- The C onvicted M izhir A bdallah Kathem/ r epresented b y T amer A l Mashhadani, Hisham al Fitian and Mohammad Harbi Al Jinabi. 1 PURL: https://www.legal-tools.org/doc/2ca3ad/ Translated by MIZNA MANAGEMENT LLC | 877.320.9128 [email protected] | questions & comments can be sent to www.mizna.net 8- The Convicted Ali Dayeh Ali/ represented by assigned attorney Najah Az Zaidi. 9- The Convicted Awwad Hamad Al Bandar/ represented b y attorney Bader Awwad Hamad Al Bandar. Appeal a gainst: The verdict b y the First Criminal Court in the High Iraqi Criminal Tribunal number 1/E first/2005 on November 5, 2006. The f ile w as r eceived a ccording to a le tter f rom th e F irst C riminal Court n umber 1/E/2005, on 11/ 14/2006 t o c onsider i t a s a n appeal a ccording t o r ule ( 68/B) of Procedural Rules and (254/A) of Criminal Procedures. The First Criminal Tribunal in the Iraqi H igh T ribunal i ssued i ts ve rdict nu mber 1/ E f irst/2005 on 11/ 5/2006, containing t he s entences o f t he co nvicted S addam H ussein A l M ajeed, B arzan Ibrahim al H assan, A wwad H amad A l Bandar of d eath by h anging f or c ommitting deliberate k illing a s a c rime a gainst h umanity a ccording to p rovisions o f a rticle (12/first/a) and as indicated by article (15 first, second, third and fourth) of the Iraqi High Tribunal number (10), year 2005. The penalty was determined according to provisions of article (406/1/A) of the penal code number (111), year 1969 as amended and as indicated by article (25) of the law of t he H igh Iraqi T ribunal num ber ( 10), year 2005. T he pe nalty w as de termined according to provisions of article (406/1/A) of the penal code number (111) year 1969 as amended and as indicated by article (24) of the code of the Iraqi High Tribunal. It sentenced the convicted Abdallah Kathem Rowayid, Ali Dayeh Ali, Mizher Abdallah Kathem, to 15 years in jail for committing the crime of deliberate killing as a crime against humanity in accordance with provisions of article (12/first A) and as indicated by article (15/first, second and fifth) of the code of the Iraqi High Tribunal number (10) year 2005. T he p enalty was de termined according t o pr ovisions of a rticle (406/1/a) of penal code number (10) year 2005. 2 PURL: https://www.legal-tools.org/doc/2ca3ad/ Translated by MIZNA MANAGEMENT LLC | 877.320.9128 [email protected] | questions & comments can be sent to www.mizna.net The penalty was determined according to provisions of article (406/1/a) of the penal code number (111) year 1969 as amended and as indicated by article (24) of the code of t he Iraqi H igh T ribunal. It also s entenced t he c onvicted A bdallah K athem Rowayid, A li D ayeh A li a nd M izhir A bdallah K athem to 1 5 years in ja il f or committing deliberate killing as a crime against humanity according to provisions of article (12/first/A) and as indicated by article (15/first, second and fifth) of the code of the H igh Iraqi T ribunal num ber ( 10), year 2 005. T he pe nalty w as determined according t o pr ovisions of a rticle ( 406/1/A) o f t he pe nal c ode num ber ( 111), year 1969 a s a mended a nd as i ndicated b y article (24) of t he c ode o f t he Iraqi H igh Tribunal. It also sentenced the convicted Saddam Hussein Al Majeed, Barzan Ibrahim al H assan, a nd T aha Y assin R amadan t o 10 years i mprisonment f or committing expulsion or f orced t ransfer of people as a crime a gainst h umanity according t o provisions of article (12/first/H) and as indicated by article (15/first, second, third and fourth) of the code of the Iraqi High Tribunal number (10), year 2005. The penalty was determined according to provisions of article (421b) of penal code number (111) year 1969 as amended and as indicated by article (24) of the code of the Iraqi High Tribunal number (10) year 2005. It also sentenced the convicted Saddam Hussein A l M ajeed, Barzan Ibrahim A l H assan, A bdallah K athem R owayid, T aha Yassin Ramadan, Mizhir Abdallah Kathem and Ali Dayeh Ali to 15 years in jail for committing imp risonment a nd s evere d eprivation o f p hysical f reedom a s a c rime against humanity in accordance with provisions of article (21/first /z) as indicated by article (15/first/second/third and fourth) of the code of the Iraqi High Tribunal number (10) year 2005. Their penalty was determined in accordance with provisions of article (421 B, E, H) of the penal code number (111) year 1969 a nd as indicated by article (24) of the code of the Iraqi High Tribunal number (10) year 2005. The C ourt a lso s entenced t he c onvicted S addam H ussein A l M ajeed and B arzan Ibrahim A l H assan to t en years in ja il f or c ommitting to rture a s a c rime a gainst humanity in accordance with provisions of article (12/first) and as indicated by article (15/first/second/third and fourth) of the code of the Iraqi High Tribunal number (10) year 2005. The penalty was determined in accordance with provisions of article (333) of the penal code number (111) year 1969 as amended as indicated by article (24) of 3 PURL: https://www.legal-tools.org/doc/2ca3ad/ Translated by MIZNA MANAGEMENT LLC | 877.320.9128 [email protected] | questions & comments can be sent to www.mizna.net the code of the Iraqi High Tribunal number (10) year 2005. It sentenced the convicted Taha Y assin R amadan, M izhir A bdallah K athem, A li D ayeh A li a nd A bdallah Kathem R owayid to s even years in ja il f or c ommitting to rture a s a crime a gainst humanity in accordance with provisions of article (12/first) and as indicated by article (15/first/second, third and fourth) of the code of the Iraqi High Tribunal number (10) year, 2005. The penalty was determined in accordance with provisions of article (333) of penal code number (111), year 1969 as amended and as indicated by article (24) of the code of the Iraqi High Tribunal number (10), year 2005. The Court sentenced the convicted Saddam Hussein Al Majeed, Barzan Ibrahim and Taha Yassin Ramadan to a seven-year jail term for committing other inhumane acts as a crime against humanity in accordance with provisions of article (12/first U) and as indicated b y article ( 15/first/second/third a nd f ourth) of t he c ode of t he Iraqi H igh Tribunal num ber ( 10), year 2005. T he pe nalty was de termined i n accordance with provisions of article (2/479) of the penal code number (111), year 1969 as amended and as indicated by article (24) of the code of the Iraqi High Tribunal number (10), year 2005. The C ourt de cided t o t hrow out t he c harge a gainst e ach of t he f ollowing: S addam Hussein A l M ajeed, Barzan Ibrahim A l H assan, T aha Y assin R amadan, A bdallah Kathem Rowayid, Mizhir Abdallah Kathem, Mohammad Azzawi and Ali Dayeh Ali for t he cr ime t hey w ere accu sed o f, n amely f orced d isappearance o f p ersons as a crime against humanity for lack of evidence and basis; it has also decided to acquit them of t he s aid c harge i n accordance with p rovisions of a rticle (182/B) o f t he Criminal Procedure Law number (23), year 1971 as amended.
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