Monday, 8 January 2007

The Iraqi Travesty - Saddam escapes justice

Conned with a false promise

To use what I think is an Americanism, it was a no-brainer that dawned on the Iraqi High Tribunal despite the protestations to the contrary before the 30th of December 2006.

A whole set of charges were laid against Saddam Hussein but there was an innocuous proviso that allowed for Saddam to be condemned to death and then have that sentence carried out before all the other charges were tried in court.

Every sensible person opined that there was no way the tribunal could legitimately try a person who is already dead, in fact, we also found as in the case of Ken Lay of Enron, whilst his first trial found him guilty, his death before sentencing or appeal meant the whole case had to be set aside.

Like I said before, no lawyer would waste their time defending a dead man except if there is a principle at stake.

Saddam innocent and cannot be proven otherwise

As it now transpires, the Iraqi High Tribunal has dropped all charges against Saddam Hussein and invariably there is no legal sanction for all the other atrocities that Saddam committed against his people.

Technically, whilst Saddam Hussein might have directly or through his proxies committed crimes against humanity, legally, he is not charged with anything, hence, he cannot be tried for anything and the principle of the Presumption of Innocence abides that everyman is innocent till declared guilty.

In this case, Saddam Hussein is only guilty of the crime against the 148 of the village of Dujail, a crime for which he has been totally and fully punished – his book is now closed, though issues still are pending.

A government immune to good sense

Obviously, the government of Iraq who are immune to constructive discourse and criticism view the death of Saddam as the panacea to all Iraqi ills and the opportunity for a new beginning; well, that was a possibility they squandered with their rush to the gallows where everything that could go right went wrong.

The National Security Adviser himself still has the gall to appear on television to advise the people to move beyond Saddam having told a bare-faced lie about the atmosphere around the execution.

Where really is the integrity, honesty, probity and equity in this puppet contraption of government masquerading as a democracy?

Now, the blood of the innocent

The blood of the innocent should be requited and this could have been legitimately, legally and consummately done with trying Saddam for each and every offence, bringing to scrutiny the evidence of those atrocities – finding against Saddam would have served as a point of change, healing and reconciliation.

However, Saddam the tyrant and despot before death has at the point when the noose went round his neck with the sectarian taunting of the observers that included the cool National Security Adviser who was caught in a lie, is now becoming Saddam Hussein the martyr.

The irony of it all is not so much that Saddam’s evil was unforgivable, but that Saddam was a symbol of an Arab or Middle-Eastern personality standing up against the West – a lesson none of the Neo-Conservatives ever took on board.

Meanwhile, there is the simple matter of who now bears the blood of the innocent since justice could not be done – for those who have no part in this debacle, learn and learn well – this is how men bring great damnation upon themselves, by errors of omission when they rush to incomplete justice.

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