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Legal news from Thursday, December 28, 2006 |
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US handover of Saddam reported imminent, but Iraqis differ on execution timing
Bernard Hibbitts on December 28, 2006 8:13 PM ET

[JURIST] US media quoting unnamed US military and intelligence sources reported [Mediabistro blog post] late Thursday that US authorities in Iraq will physically hand ousted Iraqi president Saddam Hussein [JURIST news archive] over to Iraqi officials within 36 hours in preparation for an execution [JURIST report] that will take place before the Muslim Eid holiday on Sunday, and possibly as early as Friday. AP reported a "senior administration official" as saying that the Bush White House is preparing for an execution as early as this weekend [AP report] based on information coming from the Iraqi government. The scenario is broadly consistent with a statement [JURIST report] by an unnamed Iraqi official earlier this month, who told AFP "We will not waste time. We will look at the security situation and [Saddam and his convicted co-defendants] will be executed immediately at the very first opportunity we get after the appeals chamber finalizes the verdicts."
Earlier Thursday, however, Iraqi spokesmen appeared to disagree on when Hussein might be executed, with a deputy justice minister telling AP that a hanging might be pushed into February, claiming that "the law [governing the Iraqi High Tribunal] does not say [that a verdict must be carried out] within 30 days [of confirmation], it says after the lapse of 30 days." The appeals chamber of the Iraqi High Tribunal [official website] handed down its rejection of Hussein's appeal [JURIST report] Tuesday. Tribunal spokesman Raed Juhi has nonetheless insisted that the execution can be carried out within 30 days under the tribunal's rules if President Jalal Talabani approves a death warrant, a step which is itself in dispute [JURIST report]. Overall, the conflicting signals suggest a split among Iraqi officials about the timing of the execution, especially in light of its possible impact on Prime Minister Nouri al-Maliki's national reconciliation efforts [JURIST report] with Sunni groups.
Lead Saddam defense lawyer Khalil al-Dulaimi made a last-ditch effort Thursday to forestall any US handover, insisting that "According to the international conventions, it is forbidden to hand a prisoner of war to his adversary" and echoing previous defense warnings [JURIST report] on the consequences of putting Hussein to death: "If the American administration insists in handing the president to the Iraqis, it would commit a great strategic mistake which would lead to the escalation of the violence in Iraq and the eruption of a destructive civil war." Several European governments have also reiterated their humanitarian objections [JURIST report] to enforcement of the death penalty for Saddam. A US State Department spokesman nonetheless said Thursday that the US supported the verdict and the sentence, saying the Iraqis "carried out their work in a transparent and open manner and they arrived at a verdict based on the facts in the case."
Iraqi officials have said that whenever the execution by hanging is carried out it will be fully documented and video recorded [AP report], although whether it will be televised is not yet clear. AP has more.


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Zimbabwe arrests thousands in sweep to end illegal mining
Leslie Schulman on December 28, 2006 4:07 PM ET

[JURIST] The government of Zimbabwe [JURIST news archive] has arrested at least 16,290 gold panners in the last three weeks in a continuation of its controversial Operation Restore Order [Wikipedia], according to a report [text] by Harare's Herald newspaper. Police have also bulldozed and razed many of the temporary homes built by the miners close to the mining fields, displacing more than three million people. Zimbabwe President Robert Mugabe [BBC profile] has said the campaign is necessary to put an end to widespread crime, and the country's police commissioner has defended the operation as vital to protect the country's environment, but United Nations officials have said [official report] that the impact on those displaced is devastating to the economy of the country. The arrests come more than a year after the campaign was introduced.
Mining has become Zimbabwe's top foreign currency earner, and the latest phase of the operation has focused mainly on mining near the country's borders, where international smuggling of illegally mined gold and diamonds was rampant. Many, including women and children, turned to mining when the country's agricultural industry collapsed. Reuters has more.


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Nigeria leaders file suits over VP party switch
Gabriel Haboubi on December 28, 2006 11:25 AM ET

[JURIST] Nigerian President Olusegun Obasanjo [official profile], and Vice President Atiku Abubakar [official profile; official website] filed competing lawsuits in the capital city of Abuja Wednesday over whether Abubakar should resign from office after accepting a presidential nomination from a competing party. While Abubakar claims that he has the right to remain Vice President until his term expires or if he is impeached, Obasanjo and the ruling People's Democratic Party (PDP) claim that by switching parties to the Action Congress (AC), Abubakar forfeited his office, and that the Vice President must be of the same party as the President.
Obasanjo and Abubakar have been at odds since Obasanjo tried [JURIST report] - but after US urgings [JURIST report] failed [JURIST report] - to extend the constitutional [text] term limits which would allow him to run for a third term. Abubakar heavily opposed extending the limits, hinting that he would be seeking the presidency himself. The PDP later kicked Abubakar out following charges of corruption [JURIST report], which would have effectively ended Abubakars presidential ambitions due to constitutional requirements that presidential candidates belong to a political party. Earlier this month an Abuja High Court ruled that the PDP violated the country's constitution [JURIST report] by suspending the vice president from membership. In the wake of that ruling, the PDP said that its practical effect would be limited as Abubakar had still missed a nomination deadline and the party would not reopen that process [Nigerian Tribune report], which led to Abubakars switching political parties last week. AP has more. From Nigeria, This Day has local coverage.


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