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Old 01-02-2007, 12:21 PM   #11
Gattigap
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Execution follies

Before we leave the topic completely, I thought I'd add another bit on the events surrounding Saddam's execution:
  • While privately incensed at the dead-of-night rush to the gallows, the Americans here have been caught in the double bind that has ensnared them over much else about the Maliki government — frustrated at what they call the government’s failure to recognize its destructive behavior, but reluctant to speak out, or sometimes to act, for fear of undermining Mr. Maliki and worsening the situation.

    But a narrative assembled from accounts by various American officials, and by Iraqis present at some of the crucial meetings between the two sides, shows that it was the Americans who counseled caution in the way the Iraqis carried out the hanging. The issues uppermost in the Americans' minds, these officials said, were a provision in Iraq's new Constitution that required the three-man presidency council to approve hangings, and a stipulation in a longstanding Iraqi law that no executions can be carried out during the Id al-Adha holiday, which began for Iraqi Sunnis on Saturday and Shiites on Sunday.

    A senior Iraqi official said the Americans staked out their ground at a meeting on Thursday, 48 hours after an appeals court had upheld the death sentence passed on Mr. Hussein and two associates. They were convicted in November of crimes against humanity for the persecution of the Shiite townspeople of Dujail, north of Baghdad, in 1982. Mr. Hussein, as president, signed a decree to hang 148 men and teenage boys.

    Told that Mr. Maliki wanted to carry out the death sentence on Mr. Hussein almost immediately, and not wait further into the 30-day deadline set by the appeals court, American officers at the Thursday meeting said that they would accept any decision but needed assurance that due process had been followed before relinquishing physical custody of Mr. Hussein.

    "The Americans said that we have no issue in handing him over, but we need everything to be in accordance with the law," the Iraqi official said. "We do not want to break the law."

    The American pressure sent Mr. Maliki and his aides into a frantic quest for legal workarounds, the Iraqi official said. The Americans told them they needed a decree from President Jalal Talabani, signed jointly by his two vice presidents, upholding the death sentence, and a letter from the chief judge of the Iraqi High Tribunal, the court that tried Mr. Hussein, certifying the verdict. But Mr. Talabani, a Kurd, made it known that he objected to the death penalty on principle.

    The Maliki government spent much of Friday working on legal mechanisms to meet the American demands. From Mr. Talabani, they obtained a letter saying that while he would not sign a decree approving the hanging, he had no objections. The Iraqi official said Mr. Talabani first asked the tribunal's judges for an opinion on whether the constitutional requirement for presidential approval applied to a death sentence handed down by the tribunal, a special court operating outside Iraq's main judicial system. The judges said the requirement was void.

    Mr. Maliki had one major obstacle: the Hussein-era law proscribing executions during the Id holiday. This remained unresolved until late Friday, the Iraqi official said. He said he attended a late-night dinner at the prime minister's office at which American officers and Mr. Maliki's officials debated the issue.

    One participant described the meeting this way: "The Iraqis seemed quite frustrated, saying, ‘Who is going to execute him, anyway, you or us?" The Americans replied by saying that obviously, it was the Iraqis who would carry out the hanging. So the Iraqis said, "This is our problem and we will handle the consequences. If there is any damage done, it is we who will be damaged, not you."

    To this, the Iraqis added what has often been their trump card in tricky political situations: they telephoned officials of the marjaiya, the supreme religious body in Iraqi Shiism, composed of ayatollahs in the holy city of Najaf. The ayatollahs approved. Mr. Maliki, at a few minutes before midnight on Friday, then signed a letter to the justice minister, "to carry out the hanging until death."
So the American military was counseling that we follow the rule of law, while the Shiite government was angling to execute him immediately, if not sooner. This, coupled with the weirdness of the execution itself (with apparent participation from a group of street-toughs last seen in the cast of a 1970s B-movie), actually made Saddam look like the serene one in this whole episode. Depressing.

Gattigap
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