The Former Iraqi Government On Trial

A Human Rights Watch Briefing Paper

October 16, 2005

Summary

Background

How the Supreme Iraqi Criminal Tribunal Will Work

The SICT and the Right to a Fair Trial

Inappropriate Standard of Proof and Inadequate Protections against Self- incrimination

Inadequate Procedural and Substantive Steps to Ensure Adequate Defense

Access to defense counsel during the investigative phase

Equality of arms and adequate time and facilities for the preparation of a . defense

Inadequate protection of the right to confront and examine witnesses

Concerns that the SICT May Not Appear to be Impartial and Independent

Prejudicial comments by senior public officials and political figures

Politicization of control of the SICT and susceptibility of judges to dismissal

The Role of U.S. Advisors

The Death Penalty

Conclusion

October 2005   Number 1

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