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Iraq: Defense in Danger

Statement by Human Rights Watch, in response to the kidnapping and killing of Saadoun Sughaiyer al-Janabi, a defense counsel in the Dujail trial before the Supreme Iraqi Criminal Tribunal

Human Rights Watch condemns in the strongest terms yesterday’s kidnapping and killing of Saadoun Sughaiyer al-Janabi, a defense counsel in the Dujail case before the Supreme Iraqi Criminal Tribunal. Human Rights Watch urges the Government of Iraq to conduct a thorough investigation of the crime, and to prosecute those responsible.

“Human Rights Watch condemns in the strongest terms yesterday’s kidnapping and killing of Saadoun Sughaiyer al-Janabi, a defense counsel in the Dujail case before the Supreme Iraqi Criminal Tribunal. Human Rights Watch urges the Government of Iraq to conduct a thorough investigation of the crime, and to prosecute those responsible.

“These trials are commencing in an environment of severe insecurity. Everyone participating in the trial process – judges, prosecutors, victims, witnesses and defense counsel – are exposing themselves to grave risks. We have already seen successful and unsuccessful assassination attempts against a judge, prosecutor and other court staff.

“The Supreme Iraqi Criminal Tribunal and its advisors have the heavy responsibility of ensuring the safety of all participants in the trial process, and this includes the defense counsel and defense witnesses. A fair trial requires a vigorous defense, and that means competent defense counsel who can defend their clients zealously without fear of reprisal, and a real opportunity to present defense witnesses.

“This is all the more important where the defendants are high profile political figures accused of horrific crimes.

“We are gravely concerned that this killing will have a chilling effect on the willingness of competent lawyers to vigorously defend the accused in these cases. Such an outcome will seriously undermine the ability of the court to provide a fair trial.

“Human Rights Watch urges the Supreme Iraqi Criminal Tribunal to take immediate steps to ensure the security and safety of defense counsel and defense witnesses, and their families.”

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