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Special Report on Saddam Hussein Trial

- By Dr. Curtis F.J. Doebbler

(Friday, November 19, 2004)

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[ Dr. Curtis F.J. Doebbler, an international human rights lawyer, is a member of the Legal Team representing Saddam ]

The United States government and their Interim Iraqi government that it installed in Baghdad continues to refuse access to former Iraqi President in violation of his due process rights under international, Iraqi, and United States law.

To challenge the illegality of these actions, an Application for Habeas Corpus has been filed with the United States Supreme Court by the former President. This filing alleges that the United States is violating its own Constitution as well as it military law and international law.

The filing recognizes that the United States aggression against the people of Iraq is illegal and that the occupation is illegal. It focuses, however, on the illegality of the treatment being provided the former President.

The Urgent Application for Habeas Corpus was filed on 29 June 2004 and served on US President George Bush, US Secretary of Defense Donald Rumsfeld, and L. Paul Bremer III, US Administrator of the Coalition Provisional Authority in Iraq.

The Application remains pending before the United States Supreme Court.

It is noteworthy that the filing and service on US government officials took place on before the alleged turn over of authority or the appearance of Mr. Saddam Hussein before an Iraqi judge. The United States actions subsequent to being served can thus be construed as an attempt to remove the jurisdiction of the Supreme Court and to suspend the writ of habeas corpus. So viewed, these actions alone by the United States government’s actions are a serious affront to the United States highest judicial body and show a significant disrespect for the rule of law.

Click Here for Text of the Habeas Corpus Application

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