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Judging Dujail

The First Trial before the Iraqi High Tribunal

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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

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

November 2006 Volume 18, No. 9(E)