In the Name of Allah
Most Gracious Most Compassionate
Iraqi High Tribunal click here to down load file
Investigative Judges
Al-Dujail Case
Introduction
The accused Saddam Hussein AL-Majeed claimed that on July, 8. 1982, while he was visiting Al-Dujail district, his vehicle parade faced a shooting by several individuals a matter that caused the Army, police, security and intelligence (Mukhabarat) forces (among them was the accused Barazan Ibrahim Al-Tikriti who was the chief of Intelligence Service (Mukhabarat) and in charge of the accused Saddam Hussein’s security) to reach the area immediately.
As a result of that, a campaign of arrests happened in the area which was attacked by helicopters. Some of the people were killed and large numbers including women, children and men were arrested, without issuing any arrest warrants, in the Ba’ath Party Divisions by the Army, Ba’ath Party and Intelligence (Mukhabarat) Services. Then they were moved to the Intelligence Service of Baghdad by order of the accused Barazan Ibrahim to be investigated. The families were detained in the Intelligence Service building for two months and, thereafter, were moved to Abu-Ghraib prison (as a detention centre) and stayed there for more than six months; Finally, the women, children and some of the men were moved to Lia compound at Al-Muthanna desert near the borders of the Kingdom of Saudi Arabia (KSA) and about (399) individuals were detained in that distant area without any legal reasons till April 1986 where those detained families were released and come back to Al-Dujail.
As for the other men, they were executed in accordance to the decision of Al-Thawra Court No. 944/ C/ 1984. It has been clear, within the investigation, that this decision was a fictitious and illusionary one according to some of the official documents seized during the investigation. The penal complaint has been filed against this case. As a result, statements of the complainants and witnesses were recorded, some of the crime scene investigations were conducted and the accused were investigated in regard to their charges as shown in the following:
Summary of the Investigative Procedures
On June 2004, the penal complaint was filed and statements of the complainants and witnesses were recorded such as: Ali Hamza Ali Al-Marsoomi, Ali Hussein Ali, Rashid Hamid, Wadhaah Isma’eel, Fadhil Abbas, Fadhil Mahmoud Gharib, Fadhil Selfeij, Shihab Ahmed Yass, In’am Kadhum Ja’afer, Laila Kadhum, Kafi Abdul- Wahab, Kadhum Ja’afer, Jasim Mohammed Ridha Al-Hatto, Amal Abid Jawad, Arkan Mohammed Hadi, Ali Habib Ja’afer …etc. Also, the official documents were attached to the investigative case of Al-Dujail incident which was settled by Al-Thawra annulled Court in its reference 944/ C/ 1984 in addition to investigating the accused Saddam Hussein who was President of the Iraqi Republic, Barazan Ibrahim Al-Tikriti who was Head of the Iraqi Intelligence Service and the one who was in charge of protecting the accused Saddam Hussein, the accused A’wad Hamad Al-Bander who was the chief of Al-Thawra Court which settled the case, the accused Taha Yaseen Ramadhan who was the Vice Prime Minister, the accused Abdullah Kadhum Al-Ruaiyed, Mezhir Abdullah Kadhum, Ali Daieh and Mohammed Azzawi. The one who is in charge of the investigation has conducted the crime scene investigation upon the crime scene but because of the large geographical area, he asked for the US government to provide the IHT with air-plane photos for the area before and after the incident to show the effect of the damage that hit the area via leveling the ground and attacking the area of Al-Dujail in a way that could be clarified as following:
1. Soon after the 1982 incident, the military forces reached the area, surrounded it and then started to shoot the civilians in their own orchards by helicopters a matter that caused the killing of the people existing there. According to the statements of the witnesses and the available documents, the one who led this operation in the area was Barazan Ibrahim and what supports this truth is the accused’s statement that he was in charge of the security of the accused Saddam Hussein at that time and that Saddam asked him, after the incident, to direct toward Al-Dujail to do the investigation. As a result, a campaign of arrests started against Al-Dujail people without any investigation where a large number of women, children and old men reached to (545) individuals were randomly arrested without any legal decision and sent to the Intelligence Service in Baghdad by order of Barazan Ibrahim who was standing at the gate of the hall in which those families were detained and was issuing orders to send them to the Intelligence Service; The witnesses confirmed that and the accused stated that he sent only four individuals to the Intelligence Service while all the witnesses agreed that large vehicles moved the detained people to the Intelligence centre in Al-Karrada district/ Baghdad in addition to the report which had been delivered to the accused Saddam Hussein on 1987 concerning some of the breaches in the operation and lists of the detained and arrested people, attached to the investigative papers, prepared by the Intelligence as a weekly reports explaining the number of Al-Dujail families including women, children and men.
2. At the Intelligence Service, all those people were arrested and investigated by the Intelligence staff. The witness Wadhah Isma’eel stated that the directorate was used to send a weekly report to the Head of the Service about the people detained in the directorate including the situation of the people arrested in Al-Dujail. Several months later, those people, the children and women in particular, were moved to Abu-Ghraib prison but were not released although they did not have any relation to the incident and stayed there for (10) months without any investigation or trial; Then on 1983 where the accused Barazan Ibrahim was still in his position as Head of the Intelligence, they were sent to Al-Muthanna desert and some of the families and old men were detained in Lia, the area which is related to Al-Muthanna Governorate near the SA borders and could not be reached easily, they were detained in a camp surrounded by guards so no one could go outside it because that camp was at a distance of about (350) k.m from Nukrat Al-Salman deep in the desert where the civilian people were persecuted, insulted and deprived of freedom without any legal reason.
3. In regard to the personal properties of the civilians in the area, they were deprived of their living where large areas of their agricultural lands were confiscated and shoveled without any compensation a matter that put the other non-detained families in a very difficult living situation because they lose their means of living in addition to the fact that all of their homes were destroyed as referred by the decision (1283) on Oct. 14. 1982 issued by the RCC and signed by a signature that is attributed to the accused Saddam Hussein and also as confirmed by the witnesses statements where one of them named Ali Hamza Ali stated that the accused Taha Yaseen Ramadhan, while he was standing at a hill called (Tal Miskeen) following the incident, had issued an order to the workers to cut the trees and shovel the land; The accused Mohammed Azzawi sustained that in his statements and the air-plane photo of the area illustrates the condition of the area before and after the incident and confirms the testimony of the witnesses as the accused Mezhir Abdullah Kadhum Al-Ruaiyed confirmed by saying that his duty was to escort the driver of the bulldozer and roller which shoveled the agricultural lands. In addition, the witness Ahmed Hassan stated that the accused Taha Yaseen Ramadhan was with the accused Barazan in the area while the civilians being arrested and sent to the Intelligence Service in Baghdad.
4. As for the other individuals arrested in Al-Dujail whom their ages range from 16 to 40 and called as the youth group, they were sterilized either by torture in the Intelligence Service or by being executed before a fictitious trial of the annulled Al-Thawra Court headed by the accused judge A’wad Hamad Al-Bander, they were executed by its judges in its decision No. 944/ C/ 1984. The investigation could prove that the trial was a fictitious one and that the individuals did not go to the courtroom because the decision refers to that both of the witnesses Jassim Ridha Al-Hatto and Ali Habib Ja’afer were executed while they are still alive and delivered their testimony saying that they absolutely did not attend the courtroom because at that time they were being detained at Lia camp, in addition to the testimony of the witness Baqir Jassim who stated that his son Nabil Baqir was executed in accordance to the decision where it has become clear that he was with his father at the mentioned camp. Also, the report delivered by Lieutenant Colonel Hussein Kamil (who passed away later) to the accused Saddam Hussein on 1987 concerning some of the breaches in Al-Dujail case states clearly that the trial was not serious and a fictitious one because of about 50 died during the investigation and around 90 were executed according to the decision mentioned fictitiously and that the latter did not adopt any procedures to know the reasons of that, punish the delinquent or to investigate the trial progresses. During the investigation with the accused A’wad Hamad Al-Bander and after examining the judgments of conviction and penalty against the defendants at that time, we found that the court did not take into consideration any legal procedure concerning the defendant’s right to assign a defence counsel. 143 individuals were executed while the case conditions refer to that number of the perpetrators of that incident was small as the accused Saddam Hussein stated that the fire had been broke out from about two rifles in addition to the statements of the witnesses Wadhah Isma’eel and others and statements of the accused Abdullah Kadhum Al-Ruaiyed and Mezhir Abdullah Kadhum who were at the crime scene, all of them confirm that the number of perpetrators was small and no one injured during the incident taking into consideration that the accused Saddam Hussein confirmed that.
Defendants and Procured Evidences
1. Accused (Saddam Hussein Al-Majeed)/ former president of the Iraqi Republic.
Procured Evidences:
A- Statements of the accused recorded by the investigative body in which he stated that he had visited Al-Dujail and two or three individuals had carried out the incident and that the forces did not used to adopt any procedure or move unless with his personal order. In addition to the statements of the accused Barazan Ibrahim which confirm this truth.
B- The issuance of the RCC decision No. 982 on July, 31.1982 by the accused in which he entertained a group of the Intelligence officers for their role in Al-Dujail.
C- The decision No. 1283 on Oct. 14.1982 issued by the accused in which the agricultural lands of Al-Dujail were shoveled and the residential houses were damaged on the pretext of construction. It has been proved later that no construction had been made in the area and the other lands.
D- The insistence on executing Al-Dujail people.
E- The accused did not issue any order concerning the breaches against the women and children who were detained in the Intelligence Service for a limited time or those who were arrested unless after four years, i.e. after executing the death penalty for Al-Dujail men. This truth is proved by the letter of the Aged Penitentiary of long Judgments No. 1280 dated Mar. 26. 1985.
F- The presidential decree No. 778/1984 issued by the accused including the ratification on executing more than (143) men of Al-Dujail in the same case with his knowledge that the number of the perpetrators was very small as confirmed by the accused’s statements before the tribunal.
G- The tape recording for Saddam Hussein and a group of individuals in which one of the attendants referred to the directives issued by Saddam during Al-Dujail events concerning shoveling the orchards and agricultural lands and the comment of the accused Saddam about the reason for issuing those directives.
H- Statements of other accused including the accused Barazan Ibrahim Al-Hassan who confirmed that Saddam Hussein ordered him to direct toward the area after the incident and that the Army forces and other services were existed in the area.
I- Statements of the witnesses including Wadhah Isma’eel concerning the reports forwarded to Saddam Hussein after the incident.
J- The accused’s leading liability over those services as they were personally connected to him.
2. Accused (Barazan Ibrahim AL-Tikriti): He is Saddam’s brother-in-law and was posted as Head of the Iraqi Intelligence Service from 1979 till 1983. One of his tasks was to defend the accused Saddam Hussein, former president of the Republic of Iraq. On July, 8. 1982, the accused Saddam Hussein asked the accused Barazan to direct toward Al-Dujail to investigate the incident.
Procured Evidences:
A- Statements of the accused recorded by the IHT in which he stated that he was in charge of the security and defense of the accused Saddam Hussein. He also stated that he went to Al-Dujail and stayed two days there to supervise the operations in the area where the helicopters were attacking the area with firearms a matter that caused the killing of several individuals in the orchards and then their corps were moved to the Ba’ath Party division in the area.
B- Statements of the accused recorded by the IHT in regard to his former position as Head of the Iraqi Intelligence Service. He did arrest a few number of individuals and ordered to send them to the Intelligence Service.
C- The official documents which confirm that the investigation was conducted in the Intelligence Service and the families numbered (399) women and children were detained in the Intelligence building and moved by the Intelligence Service which was headed by the accused Barazan Ibrahim to Lia camp in the desert prior to Oct. 1983.
D- The official correspondences with the National Security Council concerning the detention of Al-Dujail families who were detained at the time in Abu-Ghraib prison in addition to the correspondences issued by the Intelligence Service to the Security Dept. of Al-Muthanna Governorate about the detention of Al-Dujail families on May 1983 within his period of being in charge of the Intelligence Service and in accordance to the lists which show the names of Al-Dujail families.
E- Testimonies of the witnesses: Ali Hussein, Ahmed Hassan, Wadhah Isma’eel, Jawad Abdul-Aziz, Jassim Mohammed Ridha …etc, who confirmed that the accused Barazan Ibrahim was existing in Al-Dujail and the one in charge of all Al-Dujail arrests in 1982 in addition to the testimony of other witnesses stating that they were detained in the Intelligence Service.
3. Accused Taha Yaseen Ramadhan/ He was Vice Prime Minister and Head of the Economical Committees at that time. Among his tasks was being in charge of the economical side of the Republic of Iraq.
Procured Evidences:
A- Statements of the accused recorded by the IHT in which he stated that the accused Saddam Hussein had asked him, after the incident, to meet the officials of the security services to indicate their comments about the action.
B- Statements of the witnesses: Ali Hamza Ali, Ahmed Hassan and Jawad Abdul-Aziz Jawad where the first witness, who is an eyewitness, stated that the accused Taha Yaseen Ramadhan had ordered to damage the houses and shovel the agricultural lands of Al-Dujail after arresting its people. The second witness pointed out that he had watched the accused at the operation of arresting people of Al-Dujail. The third witness mentioned that the accused was managing the operations of shoveling the area including the farm related to his family in addition to the statements of the accused Mohammed Azzawi in which he confirmed that the accused had supervised the operations of shoveling the lands
C- A Statement of the accused Barazan Ibrahim Al-Tikriti on Feb. 21.2005 in which he stated that Taha Yaseen Ramadhan was head of the Special Committee of Al-Dujail.
4. Accused/ A’wad Hamad Bader Al-Bander/ Former Head of the annulled Al-Thawra Court.
Procured Evidences:
A- Statements of the accused recorded by the IHT.
B- The official documents attached to the investigative papers which confirm that the trial was fictitious and just on paper.
C- The official documents which confirm that some of the individuals were died during the investigation and, in spite of that, an illusory trial were conducted against them.
D- Statements of the witnesses including Jassim Mohammed Ridha Al-Hatto and others stating that they were not submitted to any trial and never attend the courtroom although the decision included their names.
E- Breaching the fundamentals of Penal Court Code in conducting a fair trial for the accused at that time especially concerning their rights in the defense.
5. The Accused/ Abdullah Kadhum Al-Ruaiyed, Mezhir Abdullah Kadhum Al-Ruaiyed, Ali Daieh and Mohammed Azzawi.
Procured Evidences:
A- Statements of the accused recorded by the IHT where the accused Abdullah Kadhum Al-Ruaiyed confessed that he was involved in arresting Ya’qoub Al-Kharbatli and also the accused Mezhir Abdullah stated that he was among those who shoveled the land as well as the accused Mohammed Azzawi.
B- Statements of the witnesses: Jawad Abdul-Aziz, Ali Hussein Mohammed, Kadhum Daham and others recorded by the IHT.
Legal Characterization of the Accused Act:
After examining the investigative papers we have found that the official documents attached to the papers and statements of the witnesses and complainants confirm that an attack were launched on Al-Dujail after the alleged attempt of assassination against the accused Saddam Hussein on Jul. 8.1982 and that this attack aimed at the civilians including children, women, old men and youths whether they were existing at the area at the time of crime or at their military units; those civilians were arrested at first at the Ba’ath Party division and then at the Intelligence Service, Abu-Ghraib prison and at Lia of Al-Muthanna desert. The photo shows sever deprivation of freedom endured by the families while detaining the women and children at Lia for four years in contrast with the basic rules of the Iraqi and international laws and the international covenant of political and civil rights. This is in addition to the illegal and fictitious trial faced by the other arrested individuals according to what the 1987 report included which was addressed to the accused Saddam Hussein; and what proves that is no procedure of those stated in the Fundamentals of Penal Court Code was conducted as we could not notice that in the findings of the judgment of conviction or during the course of the investigation. The corpse of anyone died during the investigation or executed was not handed to its family, which is another evidence of proving what was committed in Al-Dujail was according to a systematic plan; the fate of those corpses had been unknown till 2003 when it was found what refers to executing some of them where the fate of others is still unknown a matter that enhances the fact that the issue is not just a crime committed, an investigation conducted and individuals executed because the adopted procedures are of a larger effect than what happened in Jul. 8.1982; the proof of that is the crime was personal and the punishment as well, so what is the relation with children, women and old men. The same mater in regard to the aim at the people properties including their houses and agricultural lands which were damaged although those houses were not related to the incident taking into consideration that the houses are inanimate and should not be subjected to any punishment for any crime but that aim was part of a plan represented in insulting and persecuting a group of civilians who believe in the Shi’i (Ja’fari) faith and living in Al-Dujail, the area which comprised both Shi’i and Sunni people at the same time whereas the degradation and hurt were committed against the Shi’i people as such without any legal reasons or for religious reasons. No one was compensated for those lands, on the contrary they were shoveled and the people were restrained from using the lands although the land is of a great importance at the farmers. The photo attached to the investigative papers displays the volume of the shoveling practiced against the area as the accused Saddam Hussein indicated that in the tape recording attached to the papers. Then, they tried to cover what they perpetrated with a legal cover via a fictitious trial (according to the attached report) conducted by a court which was formed in contrast to the Law of Judicial Regulation and its judgments were not subjected to appeal or cassation taking into consideration that the death penalty is one of the judgments distinguished by obligatory or voluntary cassation. In addition to the detention orders for Al-Dujail families for four years and their release after four years contrary to the law.
On the above mentioned, we could notice that the civilians of Al-Dujail were attacked systematically by the mentioned accused individuals and according to a fully considered policy starting from 1981 by committing some arrests through 1982 of the active implementation till 1986 as a first stage and then till 2003 when the fate of those arrested individuals, whom nothing told about their fate, was found out. It has become clear that those arrested individuals were executed in 1985 in accordance to the execution order on Feb. 23.1985. So the act of the accused Saddam Hussein, Barazan Ibrahim Al-Tikriti, Taha Yaseen Ramadhan, A’wad Hamad Bader Al-Bander, Abdullah Kadhum, Mezhir Abdullah, Ali Daieh and Mohammed Azzawi, supposed its confirmation, is applicable to the rules of Article (12) paragraphs (A, E, H) with an indication to Article (15) Pa. (D) of the IHT statute. As the evidences have become adequate, it has been decided to refer the accused to the Criminal Court and this notification was made in accordance to the rules of Article (18) Pa. (4) of the IHT statute.
Judge
Ra’id Juhi
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