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TechnoratiJudging Dujail
The First Trial before the Iraqi High Tribunal
Glossary
I.Introduction and Overview..
II.Background
III.Administrative Concerns
1.Victims and Witnesses Protection..
2.Court Documentation..
3.Security for Private Defense
Counsel
4.Outreach and Communications
5.IHT Defense Office..
IV.Procedural Concerns in the Conduct
of the Trial
1.Concerns Affecting the Independence
and Impartiality of the IHT and
the Presumption of Innocence..
2.The Defendants' Right to be Informed
of the Charges
3.Equality of Arms and the
Defendants' Right to Adequate Time
and Facilities to Prepare a Defense..
a.Continuous late or same-day
disclosure of incriminating
evidence
and non-disclosure of some witness statements
b.Non-disclosure of exculpatory
evidence..
c.Non-disclosure of trial session
notes and late disclosure of defendants' statements made to the
investigative judge..
d.Refusal to require information
concerning chain of custody of documentation
and refusal to permit defense to nominate
own
expert for document examination..
e.Ex parte scheduling of trial
sessions and closing of the
defense
case..
4.The Defendants' Right to Confront
and Examine Witnesses
a.Reading of 29 witness statements
into the court record..
b.Constructive anonymity and blanket
use of protective
measures
5.No Reasoned Written Decisions on
Key Procedural Issues
6.Judicial Turnover and Judicial
Demeanor
a.Turnover of sitting judges
b. Lapses in
judicial demeanor by the presiding judge..
7.Conduct of Defense Counsel
V.Substantive Concerns
1.Relevant Legal Principles
2.Lack of 'Linkage' Evidence Relating
to Knowledge and
Intention..
VI.The Role of International Advisors
VII.Death Penalty
VIII.Conclusion
IX.Recommendations
To the Iraqi Government
To the Iraqi Parliament and the IHT
To the IHT
X.Acknowledgments