ID:51752
原案帳#20(since 1973-)
by 会津里花
[141505hit]
■サダム・フセイン逮捕(アムネスティ発表国際ニュースより)
"The gravity and scale of the violations of which Saddam Hussein has
been accused underscore the paramount importance that he be brought to
justice in a manner that is unquestionably fair," said Amnesty
International. "The countless victims of decades of grave violations of
human rights by the previous Iraqi government deserve nothing less."
The Iraqi Governing Council announced on 10 December the
establishment of the Iraq Special Tribunal which is expected to try Saddam
Hussein and others. According to the tribunal's statute, judges and
prosecutors are to be Iraqis but "the Governing Council can appoint
non-Iraqi judges who have experience in the crimes encompassed in [its]
statute."
Amnesty International urges that the option of including non-Iraqi
expertise in the tribunal is fully explored. While Iraq has a strong legal
tradition, there have not been prosecutions for complex crimes such as war
crimes and crimes against humanity. While it would be important that such
trials take place in Iraq, it is not clear that the independence and
impartiality of prosecutors and judges can be guaranteed in a highly
politicized context.
This tribunal was set up without widespread consultations with Iraqi
civil society or input from international legal experts with experience of
similar situations. However, this can still be redressed.
"The Coalition Provisional Authority and the Iraqi Governing Council
should call on United Nations (UN) experts who can draw from similar
experiences in other countries to ensure that the best make up of the
tribunal is chosen," Amnesty International said. "Anything less would do a
great disservice to the cause of justice not just in Iraq but across the
world."
It is also a grave concern for Amnesty International that the death
penalty has not been ruled out as a punishment by the special tribunal. The
trial of Saddam Hussein and others should not be seen as a process of
revenge. The Coalition Provisional Authority has suspended the death
penalty and Amnesty International looks forward to its permanent abolition.
"It is a great disappointment to see representatives of the Occupying
Powers now supporting or professing neutrality on the issue of the death
penalty in Iraq rather than encouraging the permanent end of this obsolete
and inhuman punishment."
As former head of Iraq's armed forces, Saddam Hussein is a prisoner
of war and must be treated accordingly, including promptly being given
access to delegates of the International Committee of the Red Cross. Like
any other criminal suspect, Saddam Hussein is entitled to all relevant
safeguards under international law, including the right not to be subjected
to torture or ill-treatment and to receive a fair trial.
Amnesty International is concerned that aspects of Saddam Hussein's
medical examination were shown on television. The Third Geneva Convention
regulating the treatment of prisoners of war requires that prisoners be
treated humanely at all times, including by protecting them against "public
curiosity".
"While there may be a need to prove that Saddam Hussein is alive and
in custody, showing him undergoing an examination of his mouth and hair was
unnecessary and raises questions about the intention of distributing such
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