[JURIST] Iraqi High Tribunal officials said Sunday following the handing down of death sentences [JURIST report] to Saddam Hussein and two others in the Dujail crimes against humanity case that they would file complaints against several defense lawyers for alleged misconduct. Chief prosecutor Jaafar Moussawai [JURIST news archive] told a news conference that complaints would be filed against members of the defense team “who made threats and comments supporting terrorism,” and chief investigatory judge Raed Juhi said American Saddam lawyer and former US Attorney General Ramsey Clark [JURIST news archive] would be singled out for "insulting the court." Clark was ejected from the courtroom [Reuters report] Sunday by Chief Judge Raouf Abdel-Rahman after he sent the judge a memorandum suggesting that the trial was a "mockery of justice"; clearly agitated, Abdel-Rahman said Clark was the mockery and then added "You come from America and ridicule the Iraqi people."

Moussawai also indicated the automatic appeal of the death sentences to the nine-judge Appeals Chamber of the court would start Monday. From Baghdad, Voices of Iraq (VOI) has local coverage.

ALSO ON JURIST  Comment: Saddam lawyer statement | Op-ed: Stay Saddam's Death Sentence

[JURIST] Saddam Hussein [JURIST news archive] and two co-defendants may not be executed until early 2007 because there is no specific time limit for the appeals process, chief investigative judge Raed Juhi said on Sunday after death sentences were handed down [JURIST report] by the Iraqi High Tribunal in the Dujail crimes against humanity case. Under Article 25 of Statute of the Iraqi High Tribunal [text, PDF], the convicted have the right to appeal in cassation to the Tribunal's nine-judge Appeals Chamber, which may affirm, reverse or revise the decisions of the Trial Chamber. The lodging of appeals must occur within 15 days of the trial decision, as mandated by the Iraqi Code of Criminal Procedure No. 23 of 1971 [text, PDF]. If the defendants do not submit an appeal within 15 days, an automatic review is required within 10 days before the Appeals Chamber in cases where a death sentence or life imprisonment has been given. The appeals review process itself is, however, not time-limited.

Article 27 of the Statute of the Iraqi High Tribunal states that following a final decision, the "penalties shall be enforceable within thirty days of the sentence or decision reaching finality." Article 27 also precludes any authority, including the president of the republic, from pardoning or reducing the penalties issued by the Tribunal. The Guardian has more.

UN High Commissioner for Human Rights Louise Arbour Sunday urged Iraqi authorities to ensure that the right of appeal of persons convicted and sentenced by the Iraqi High Tribunal be fully respected:

A credible appeals process is an essential part of fair-trial guarantees. This is particularly important in this instance, in which the death penalty has been imposed. Those convicted today should have every opportunity to exhaust their appellate remedies in a fair way, and whatever the outcome of an appeal, I hope the Government will observe a moratorium on executions.

[JURIST] The chairman of Britain's Commission for Racial Equality [official website] says that he plans to investigate possible racial biases in the nation's crime-fighting DNA database [POST backgrounder] in the wake of reports that according to initial Home Office [official website] figures, 77 percent of the UK's black men ages 18 - 34 will be entered into the database by April. Only 22 percent of young white men are expected to be included in the database and only 6 percent of the general population. The program compiles the DNA of all arrested crime suspects and creates a permanent file, even if a suspect is later cleared of the crime. Trevor Phillips says his team will investigate whether the database breaches the Race Relations Act [text; backgrounder] and unfairly prejudices young black men, who are more likely to come into contact with police than any other race, age or sex group in the United Kingdom [JURIST news archive].

If the commission finds the database breaches race laws, the CRE will consider taking legal action. The London Telegraph has more.

[JURIST] Philippines President Gloria Arroyo [official website] will move forward with plans for constitutional change despite last month's ruling by the nation's Supreme Court [JURIST report] that her planned referendum on modifying the country's charter to abolish the upper house of Congress cannot proceed, according to presidential press secretary Ignacio Bunye. In a column to be published Monday, Bunye confirms [press release] that constitutional change will remain at the top of Arroyo's agenda. The now-abortive referendum would have amended the 1987 constitution [text] to abolish the Philippines Senate in favor of a unicameral parliamentary assembly. Among the plan's critics was Defense Secretary Avelino Cruz Jr., who on Sunday resigned [Manila Standard report] amid rumors that he would be forced out of office for his opposition to the charter amendments. INQ7 has local coverage.

Arroyo first proposed the constitutional amendments in June 2005, when she called for a national convention [JURIST report] to change the constitution and form of government of the country from an American-style system with a president and bicameral legislature to a federal, parliamentary system. Many of the plan's most vocal critics have been senators whose positions would be abolished if the changes are approved.

[JURIST] News of the guilty verdict and death sentence [JURIST report] handed down for Saddam Hussein [JURIST news archive] Sunday has elicited mixed reactions in Iraq and abroad. About 1000 protestors marched [VOI report] in Saddam's home town of Tikrit, and gunmen clashed with police in parts of Baghdad. In the Shiite-dominated south, however, Iraqis celebrated [VOI report] by coming out on the streets, firing guns into the air, and distributing sweets to passers-by. In a televised address to the nation [transcript, in Arabic], Iraqi Prime Minister Nouri al-Maliki declared:

This sentence is not a sentence on one man, but a sentence against all the dark period of his rule...The execution of Saddam and his aides does not compare with one drop of the blood shed by Sayyid Sadr, Hakim or any of the martyrs...The execution could partially appease the victims and stop tears of the widows and the orphans who were banned from holding wakes and ordered to bury their loved ones secretly. The Iraqi martyrs have now the right to smile. [AFP English translation]

Today is an important milestone for Iraq as the country takes another major step forward in the building of a free society based on the rule of law. The verdicts issued by the Iraqi High Tribunal against Saddam Hussein and the other seven defendants demonstrate the commitment of the Iraqi people to hold them accountable.

The judges, prosecutors, and defense attorneys in this case all showed courage in the face of intimidation. Their determination to pursue justice is a signal that the rule of law will prevail in Iraq despite the difficult situation that the country now faces.

I welcome that Saddam Hussein and the other defendants have faced justice and have been held to account for their crimes. Appalling crimes were committed by Saddam Hussein's regime. It is right that those accused of such crimes against the Iraqi people should face Iraqi justice. Today's verdicts and sentences by the Iraqi Higher Tribunal come at the end of a trial during which evidence has been offered and challenged in the full glare of media scrutiny.

[t]his trial should have been a major contribution towards establishing justice and the rule of law in Iraq, and in ensuring truth and accountability for the massive human rights violations perpetrated by Saddam Hussein’s rule. In practice, it has been a shabby affair, marred by serious flaws that call into question the capacity of the tribunal . . . to administer justice fairly, in conformity with international standards.

Saddam Hussein's trial is a milestone in the Iraqi people's efforts to replace the rule of a tyrant with the rule of law -- it's a major achievement for Iraq's young democracy and its constitutional government.

During Saddam Hussein's trial, the court received evidence from 130 witnesses. The man who once struck fear in the hearts of Iraqis had to listen to free Iraqis recount the acts of torture and murder that he ordered against their families and against them. Today, the victims of this regime have received a measure of the justice which many thought would never come.

Saddam Hussein will have an automatic right to appeal his sentence; he will continue to receive the due process and the legal rights that he denied the Iraqi people. Iraq has a lot of work ahead as it builds its society that delivers equal justice and protects all its citizens. Yet history will record today's judgment as an important achievement on the path to a free and just and unified society.

This government should also be put to trial. If Saddam was being tried for executing 148 people who confessed to conspiring against Iraq, then the current government executes 200 Iraqis a day who are all innocent... The court is hammering a nail in the coffin of national reconciliation, stability, security in Iraq and the government itself. I think the government will fall shortly....No more reconciliation.

[JURIST] Turkish Prime Minister Tayyip Erdogan [official website; BBC profile] met Sunday with representatives of nearly a dozen non-governmental organizations to discuss possible reforms to the controversial Article 301 [Amnesty backgrounder] of Turkey's penal code, which criminalizes the denigration of Turkishness, the Republic, and the foundation and institutions of the Turkish State. Members of organizations including the Turkish Union of Chambers and Commodity Exchanges [TOBB] [trade website, in Turkish] presented Erdogan with a 10-page document of suggested changes to the article aimed at increasing its international acceptance. Zaman Daily has more. The meeting occurred in anticipation of the November 8 release of the latest Turkey Progress Report by the European Commission [official website; 2005 report, PDF], slated to review progress in Turkey's current bid for EU membership [JURIST report]. Last week media outlets reported that an early draft of the document raised serious doubts [JURIST report] about Turkey's candidacy.

The European Union has urged that Article 301 be abolished [JURIST report] because it infringes upon the freedom of expression. Despite revising portions of the penal code last year, Turkish leaders say they have no immediate plans to make further changes to the law [JURIST reports]. Turkish novelists Elif Shafak, Hrant Dink and Orhan Pamuk [JURIST news archive] have all been charged under Article 301 for discussing the alleged Armenian genocide. Shafak was acquitted and Pamuk's charges were dismissed [JURIST reports], while Dink faces a retrial [JURIST report].

[JURIST] Taiwanese President Chen Shui-bian [official website, English version; BBC profile] delivered a nationally-televised address Sunday denying allegations that he and first lady Wu Shu-chen have been embezzling money from state funds and pledging to resign if his wife is found guilty on embezzlement, forgery, and perjury charges [JURIST report] laid against her Friday. The address was Chen's first public response to the embezzlement accusations since his wife was indicted. Chen and Wu allegedly embezzled NT$14.8 million dollars ($450,000 USD) from the state affairs budget between 2002 and 2006 by using 712 receipts obtained by the first lady through personal acquaintances. Chen has repeatedly denied the charges of embezzlement, saying that the funds reimbursed with the collected receipts were used for classified diplomatic purposes.

Under Article 52 of the Taiwanese constitution [text] Chen is immune from criminal prosecution with the exception of acts of treason or rebellion while serving in office. The largest opposition party, the Kuomintang (KMT) [party website; Global Security backgrounder], issued an ultimatum following Wu's indictment demanding Chen resign within 48-hours or face a legislative motion calling for a recall referendum. Chen has faced two unsuccessful recall motions [JURIST report], both of which failed to garner the necessary two-thirds support in the 225-member legislature. Previous motions were supported by the KMT, the People First Party (PFP) [party website; Global Security backgrounder] and independent legislators. Since the indictment, however, the Taiwan Solidarity Union (TSU) [party website; Global Security backgrounder] has broke from coalition lines and indicated support for future recall motions [China Times report]. AP has more. China Times has local coverage.

[JURIST] Saddam Hussein [JURIST news archive] and two co-defendants were convicted and sentenced to death by hanging [AP recorded video; extended version via YouTube] Sunday for crimes against humanity [charging instrument, PDF] committed in the Iraqi town of Dujail [JURIST news archive; BBC trial timeline]. Hussein was charged [JURIST report] with killing, torturing and illegally detaining Dujail residents, including 148 Shiites [JURIST report], after an unsuccessful attempt on his life there in 1982.

Hussein's chief defense lawyer Khalil al-Dulaimi called the verdict a "farce" and said that an appeal would be filed. Under the statute of the Iraqi High Tribunal, death sentences are automatically appealed to a nine-judge panel for review. If the sentence is upheld, it must be carried out within 30 days. Hussein is currently on trial on separate genocide charges [JURIST news archive; BBC trial timeline] for allegedly killing 100,000 Kurds during the so-called "Anfal" campaigns [HRW backgrounder] in the late 1980s. A US official, speaking anonymously, said in August that the Anfal trial could continue posthumously [JURIST report] should Hussein be executed before proceedings in the second trial conclude. AP has more.

Also sentenced to death Sunday were Saddam's half-brother and former head of Iraqi intelligence Barzan al-Tikriti and former Revolutonary Court chief judge Awad al-Bandar [JURIST news archive]. Of Saddam's other co-defendants, former Iraqi vice president Taha Yassin Ramadhan received life imprisonment, while Dujail Baath party officials Mizher Abdulla Kadhem Rowied, Abdulla Kadhem Rowied and Ali Dayeh Ali were each sentenced to 15 years. Former Baath party official Mohammed Azawi Ali was acquitted for lack of evidence. VOI has local coverage.

ALSO ON JURIST  Comment: Saddam lawyer statement | Op-ed: Stay Saddam's Death Sentence