|
(New York, December 11, 2003) -- The law establishing the Iraqi war crimes
tribunal lacks essential elements to ensure legitimate and credible trials
for perpetrators of genocide, war crimes and crimes against humanity, Human
Rights Watch said. The Iraqi Governing Council yesterday issued a law
creating a tribunal to try serious past crimes.
"Iraqis rightly insist that trials for past atrocities are of the utmost
importance," said Richard Dicker, director of the International Justice
Program at Human Rights Watch. "But any tribunal set up to try these crimes
should be fair and effective. Justice must be done and be seen to be done."
Human Rights Watch welcomes the provision of the law that allows for the
possibility of appointing non-Iraqi trial and appeals chamber judges with
experience in trying serious human rights crimes if the Iraqi Governing
Council deems it necessary. The law also includes some important protections
for the rights of the accused and applies definitions of international crimes
largely consistent with international standards, Human Rights Watch said.
At the same time, key provisions are lacking to ensure credible and
legitimate trials, Human Rights Watch said. The law does not require that
judges and prosecutors have experience working on complex criminal cases and
cases involving serious human rights crimes. Nor does the law permit the
appointment of non-Iraqi prosecutors or investigative judges, even if they
have relevant experience investigating and prosecuting serious human rights
crimes.
"Up until now, the most complex trials in Iraq have lasted no more than a few
days," said Dicker. "The law should require that international judges with
expertise trying serious human rights crimes sit on the bench alongside
Iraqis. This would assist, not replace, Iraqi judges in ensuring justice for
the horrific crimes committed."
Human Rights Watch is also concerned that the law does not prohibit the death
penalty or trials in absentia, and does not ensure that guilt must be proven
beyond a reasonable doubt. In addition, the law does not sufficiently address
protection of witnesses and victims or security for the tribunal and its
staff.
"Allowing the death penalty and trials in absentia sends a message," said
Dicker. "The tribunal might be seen as a court of revenge, not justice."
The Iraqi Governing Council issued the tribunal law without providing any
opportunity for transparent consultation or public comment. The drafting
should have been transparent to help ensure an effective and fair accountability process, Human Rights Watch said.
Human Rights Watch had recommended that a Group of Experts including Iraqi
and international specialists be created to suggest appropriate accountability mechanisms and facilitate collection and preservation of
evidence. A mixed Group of Experts would have allowed Iraqi jurists to
leverage accumulated international experience in trying serious human rights
crimes, Human Rights Watch said.
Human Rights Watch over the years has engaged in extensive work to document
human rights violations in Iraq and press for justice for these crimes. Human
Rights Watch played a particularly active role in documenting crimes
committed as part of the Iraqi government's genocidal Anfal campaign against
the Kurds in 1988. In 1992, Human Rights Watch obtained and analyzed 18
metric tons of Iraqi state documents. In 1994 and 1995, Human Rights Watch
urged states to bring a case against Iraq for genocide against the Kurds
before the International Court of Justice.
Human Rights Watch is preparing a detailed analysis of the tribunal law.
To read the Human Rights Watch policy paper, "Ensuring Justice for Iraq:
Evidence Preservation and Fair Trials," see:
http://www.hrw.org/press/2003/09/iraq091203.htm
For more information on justice and Iraq, see
http://hrw.org/campaigns/iraq/#Justice
|
