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Saddam trial to resume with some hidden witnesses
(Reuters)
Updated: 2005-12-05 08:38

The trial of Saddam Hussein on charges of crimes against humanity is set to resume on Monday with up to five witnesses expected to testify as the prosecution pushes ahead with a case criticized locally and abroad.

A U.S. official familiar with the court expects between three and five witnesses to give evidence, some with identities concealed, as the trial moves into its third session since it began on October 19, nearly two years after Saddam was captured.

Taha Yassin Ramadan (L), Saddam Hussein (2nd L) holding a Koran, Abdullah Kazim Ruwayyid (2nd R), and Mizhar Abdullah Ruwayyid (R) stand at their trial held in Baghdad November 28, 2005.
Taha Yassin Ramadan (L), Saddam Hussein (2nd L) holding a Koran, Abdullah Kazim Ruwayyid (2nd R), and Mizhar Abdullah Ruwayyid (R) stand at their trial held in Baghdad November 28, 2005.[Reuters/file]
On the eve of its resumption, a member of the five-judge panel stood down citing potential conflict of interest because one of Saddam's co-defendants has been linked to the killing of the judge's brother, court officials said.

An alternate judge will step onto the panel in his place on Monday, officials said.

The trial, which is due to resume at around 10 a.m. (0700 GMT), may continue for up to three days, with up to 11 witnesses appearing in all. Eight of the witnesses will have their identities concealed in one way or another -- a practice that could raise doubt about the defense's access to witnesses whose names and faces are not known.

At the second court session held on November 28, proceedings were adjourned for a week to give two of the eight defendants time to find new defense attorneys after two lawyers were assassinated and another fled the country in fear.

U.N. CONCERNS

The United Nations representative for human rights in Iraq on Sunday said Saddam's trial would never meet international standards of fairness and transparency.

"Weakness in the system of administration of justice, in addition to the antecedents surrounding the establishment of this tribunal, will never be able to produce the kind of process that would be able to satisfy international standards," John Pace told Reuters in an interview.

Former U.S. Attorney General Ramsey Clark, who joined Saddam's defense team at the last session, is expected to be allowed to appear in court even though paperwork concerning his application is still being reviewed.

Presiding Judge Rizgar Mohammed Amin speaks to the court as the trial of former Iraqi president Saddam Hussein resumes in Baghdad November 28, 2005.
Presiding Judge Rizgar Mohammed Amin speaks to the court as the trial of former Iraqi president Saddam Hussein resumes in Baghdad November 28, 2005. [Reuters]
Clark has advised several controversial figures over the years, including former Serbian president Slobodan Milosevic, and was to have met Saddam on Sunday.

Further delays in the trial are expected ahead of December 15 parliamentary elections.

Saddam's defense team has already filed another motion declaring that, as former president, he has sovereign immunity and a third motion asking for more time to prepare. Chief judge, Rizgar Mohammed Amin, has not ruled on any of those motions.

International observers have raised concerns about the court, which operates under a mix of Iraq's criminal code, some international statutes and others written specifically for the tribunal, which was originally formed under U.S. occupation.

They also are worried about the amount of time the defense has had to prepare for a complex case involving allegations of crimes against humanity connected to the death of 148 men after an attempt on Saddam's life in 1982.



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