Judgment of the Dujail Trial at the Iraqi High Tribunal English Translation [Part 1]...................................................................................................................................1 Introduction...................................................................................................................... 3 Fundamental Bases for Establishing the Tribunal...............................................................7 Introduction to the Tribunal’s Ruling ................................................................................. 8 The Final Outcome of the Trial’s Proceedings ...................................................................14 Case’s File:...................................................................................................................18 Security Aspects for the Defense Attorneys ..................................................................21 Defense Attorneys’ Requests....................................................................................... 22 Principle of Criminal and Penal Legality .......................................................................... 30 [PART 2].............................................................................................................................. 40 Principle of Penal Legality ............................................................................................41 Principle of Non-Retroactivity of Criminal Law.............................................................. 42 Conclusion.................................................................................................................. 44 Discussion of the Evidence Available in the Lawsuit before the Defendants and Tribunal’s Decision ..........................................................................................................................45 First: Defendant ‘Awwad Hamad al-Bandar.................................................................. 46 Verdict Against ‘Awwad Hamad al-Bandar................................................................... 69 Defendant Saddam Hussein al-Majid ...........................................................................75 [PART 3] .............................................................................................................................. 85 Conviction Ruling Against Defendant Saddam Hussein .............................................. 127 [PART 4].............................................................................................................................132 Defendant Barzan Ibrahim al-Hassan al-Tikriti............................................................ 135 [PART 5] .............................................................................................................................176 Verdict Against Defendant Barzan Ibrahim al-Hassan................................................. 181 Defendant Taha Yassin Ramadan ...............................................................................185 [PART 6]............................................................................................................................ 222 Verdict Against Defendant Taha Yassin Ramadan.......................................................223 Defendant ‘Abdullah Kadhim Ruwayid ...................................................................... 228 Defendant ‘Ali Dayeh ‘Ali............................................................................................243 Defendant Mizher ‘Abdullah Kadhim..........................................................................257 Ruling Dismissing the Case Against Muhammad ‘Ali Al-Marsumi............................... 269 Verdict........................................................................................................................... 271 [PART 1] In the Name of God, most Gracious, most Merciful God Almighty said: “And when you judge between man and man, judge with justice.” God Almighty speaks the truth. 1 Case No. 1/C 1/2005 Dujail Case Introduction Tribunal Ruling Introduction Legal Framework Final Outcome 2 Introduction Before taking into account the huge volume of documents and papers that were submitted to the Tribunal in an uncoordinated manner, and the fact that any penalty with respect to any of the defendants shall be based on specific and established evidence, this Tribunal shall take into consideration how relevant freedom of action and of choice were with respect to rendering the verdict, balancing thus the realization of justice with the protection of human rights as an important and complementary aspect of the litigation’s stages. The Tribunal Panel has examined the legal scope of penalties stated in law in light of legal justification and considerations regarding the evidence presented to the Tribunal. Certainly, in conformity with Paragraph No. 1 of Article 24 of the Supreme Iraqi Criminal Tribunal (SICT) Law No. 10, dated 2005, in accordance with the rules, procedures and evidence gathering appended to the Law, and pursuant to the Code of Criminal Procedure No. 23 of 1971, the penalties that this Tribunal rules on are those penalties that are set forth in Penal Code No. 111 of 1969. Whereas this Tribunal takes notice also of Resolution No. 5 of the Coalition Provisional Authority (CPA), dated 2005, Section 3 therein, which stipulates the suspension of capital punishment in each case in which capital punishment is the only penalty laid down for punishing the person who has perpetrated a crime, the said Tribunal may replace it by sentencing the defendant to life imprisonment or by imposing a lighter sentence instead pursuant to the Penal Code. Whereas the activities of the Coalition Provisional Authority, as an interim authority in Iraq, shall continue until the achievement of full sovereignty, and in accordance with Article 43 of the Hague Convention, 1907, Regulation No. 1 of the Coalition Provisional Authority shall be the regulatory basis for the period that follows the overthrow of the previous regime. In accordance with Section 2 of the Regulation, the laws that were in force in Iraq effective April 16, 2003, shall remain in force and effect beyond that date, unless the Coalition Provisional Authority resolves to suspend them or replace them with others, or if they are revoked and other legislations have been resolved to replace them, Judge Ra’uf Rashid Abdel Rahman [Seal: First Criminal Tribunal Presidency; Iraqi High Tribunal] Judge Ra’uf Rashid 3 which legislations are enacted by Iraqi democratic institutions. These laws shall remain in force and effect because they do not hinder the Coalition Provisional Authority in the exercise of its rights and the fulfillment of its obligations, or as long as they are not inconsistent with this Regulation or with any other Regulation promulgated by the Coalition Provisional Authority. Moreover, with respect to Directive No. 7 issued by the Coalition Provisional Authority, and more specifically Section 3 of the Directive pertaining to the Penal Code, Clause 2 of said Directive “provides” that capital punishment shall be suspended in each case where capital punishment is the only penalty laid down for punishing the perpetrator. The Tribunal may replace it with a sentence of life imprisonment or by imposing a lighter sentence instead pursuant to the Penal Code. We are well aware that the Coalition Provisional Authority is considered an interim authority in Iraq until full sovereignty takes place, and in accordance with Article 43 of the Hague Convention, 1907, it is natural for the occupying authority to respect the language, mores and traditions of the occupied country. Whereas the Coalition Authority was legally empowered to amend domestic Iraqi law pursuant to the provisions of Clause 64 of the Geneva Conventions pertaining to the protection of citizens, and pursuant with Security Council Resolution 1483; whereas the head of the Coalition Authority has suspended capital punishment but did not abolish it, which punishment is set forth in Iraqi Penal Code No. 111 of 1969, that is, whereas the Coalition Authority stipulated in its text the suspension of capital punishment but did not abolish it, and whereas said punishment is specified in the Iraqi Penal Code since 1919, thus the First Criminal Chamber of the Iraqi Criminal Tribunal believes unanimously that it is able to render a verdict with respect to any defendant in this case and impose the appropriate sentence relative to the gravity of the crime or offense perpetrated, including capital punishment pursuant to the provisions of Article 24 of Law No. 10 of the Supreme Iraqi Criminal Tribunal (SICT), 2005, and pursuant to the amended Iraqi Penal Code No. 111 of 1969. In line with Article 1 (Second) of SICT Law No. 10 of 2005, the Tribunal shall have jurisdiction over every natural or artificial person, whether that person is Iraqi or non-Iraqi residing in Iraq and accused of committing any of the crimes stipulated in Articles 11, 12, 13, and 14 of this Law, and which crimes were committed from July 17, 1968 until May 1, 2003 in the Republic of Iraq or elsewhere, including the following crimes: a. Genocide; b. Crimes against humanity; c. War crimes; and d. Violations of Iraqi laws listed in Article 14 of this Law. In accordance with Article 12 First: of the law in effect in this case and consistent with the charges filed against the defendants (Saddam Hussein Majid; Barazan Ibrahim Hassan; Taha Yassin Ramadan; ‘Awwad Hamad al-Bandar;