Saddam Hussein sentenced to death

An Iraqi court sentenced a shaken but defiant Saddam Hussein to hang yesterday for crimes against humanity, sparking joy for Shi'ites he oppressed and resentment among his fellow Sunnis across Iraq's violent sectarian divide.

As mortar rounds crashed on warring Baghdad neighbourhoods and police reported sporadic clashes despite a curfew on the capital, Shi'ite Prime Minister Nuri al-Maliki called for unity after the ousted leader was handed "the punishment he deserves".

The US, which set up the court after its invasion toppled Saddam in 2003, called it "a good day for the Iraqi people". US officials again dismissed charges the verdict was timed to aid President George W. Bush's Republicans at elections tomorrow that have been dominated by dismay at Iraq's turmoil.

Defence lawyers, who said they saw little hope from an appeal in the coming months, dismissed it as "victor's justice".

Saddam, 69, initially refused to stand when brought in to hear the verdict from Kurdish chief judge Raouf Abdul Rahman, at a quickfire, 45-minute hearing. When he did, shakily, with clear emotion, he yelled the defiant Arab battle cry "Allahu Akbar!" (God is Greatest) and "Long live Iraq" as the judgment was read.

"The court has decided to sentence Saddam Hussein al-Majid to be hanged until he is dead for crimes against humanity," Abdul Rahman said, ignoring Saddam's earlier bombastic plea that he should face a military firing squad, not the hangman's noose.

The judge, who earlier ejected former US attorney general Ramsey Clark from the defence panel after he called the court a "mockery of justice", threw out a court guard for chewing gum and laughing as he stood by the fallen strongman in the dock. Bearded and tieless in a black suit, and clutching a Koran, Saddam called for "forgiveness" for "aggressors" and "traitors".

A lengthy written verdict is expected later in the week. The former leader has been sentenced to death before, in absentia, for trying to assassinate Iraq's then leader in 1959.

He has been held by US troops at Baghdad airport for three years and any execution, possibly next year, is likely to happen behind prison walls, like those of other criminals this year.

Before then, however, he will continue to stand trial for genocide against the Kurds. He is due back in court tomorrow.

His half-brother, Barzan al-Tikriti, and former judge Awad al-Bander were also sentenced to death for killing, torturing and deporting hundreds of people from the Shi'ite town of Dujail after Shi'ite gunmen tried to kill Saddam there in 1982.

Former vice president Taha Yassin Ramadan received a life term. Three Baath party officials were jailed for 15 years and an eighth, minor defendant was acquitted for lack of evidence.

Saddam admitted ordering the execution of 148 men, calling it justified in wartime against allies of Shi'ite Iran.

International human rights groups, which had called for the case to be heard abroad, said the killing of three defence lawyers, the resignation of a judge over political interference and flaws in evidence meant that it fell short of a fair trial.

But US and Iraqi officials hailed the year-long process as proof of the independence of Iraq's judiciary and a new landmark in the development of international war crimes law since Nazi leaders were tried, and some hanged, at Nuremberg 60 years ago.

The European Union urged Iraq not to execute Saddam.

In Shi'ite towns and in parts of Baghdad, people poured into the streets, dancing and yelling for joy at the fate of the man who oppressed them for three decades, after the televised hearing.

All the verdicts and sentences given unanimously by the five judges in the case:

Saddam Hussein:
Death by hanging for wilful killing; 10 years for deportation/forcible transfer of population; 10 years for imprisonment or other severe deprivation of liberty violating norms of international law; seven years for torture; acquitted of charges relating to enforced disappearance of persons; seven years for other inhumane acts of similar nature.

Taha Yassin Ramadan:
Life in prison for wilful killing; 10 years for deportation/forcible transfer of population; 10 years for imprisonment or other severe deprivation of liberty violating norms of international law; seven years for torture; acquitted of charges relating to enforced disappearance of persons; seven years for other inhumane acts of similar nature.

Barzan Ibrahim Al-Tikriti:
Death by hanging for wilful killing; 10 years for deportation/forcible transfer of population; 10 years for imprisonment or other severe deprivation of liberty violating norms of international law; seven years for torture; acquitted of charges relating to enforced disappearance of persons; seven years for other inhumane acts of similar nature.

Awad Hamed Al-Bander:
Death by hanging for wilful killing.

Abdullah Kathim Ruwaid, Ali Dayih Ali and Mizhir Abdullah Kathim Ruwaid:
15 years for wilful killing; 10 years for deportation/forcible transfer of population; 10 years for imprisonment or other severe deprivation of liberty violating norms of international law; seven years for torture; acquitted of charges relating to enforced disappearance of persons; seven years for other inhumane acts of similar nature the terms are to be served concurrently.

Mohammed Azawi Ali:
Released because of insufficient evidence, after prosecutors recommended that all charges be dropped.

What happens next

Following are some questions and answers about the legal procedure and what happens now.

The court: Saddam and his co-defendants were tried by what was originally called the Iraqi Special Tribunal, established in December 2003 by US-led occupation authorities. It became known as the Iraqi High Tribunal in October 2005 and consists of two trial chambers with five judges in each.

The charges: Saddam was charged with crimes against humanity for the arrest, torture, killings and deportation of 399 men, women and children. A total of 148 were killed. The charge sheet included wilful killing, deportation or forcible transfer of population, imprisonment, torture, enforced disappearance of persons and other inhumane acts.

The verdict: Proof was to be shown only to the "satisfaction" of the judges, falling short of the "beyond reasonable doubt" benchmark of the Anglo-Saxon legal system.

Saddam Hussein was found guilty of crimes against humanity and sentenced to hang. The tribunal also handed down death sentences to former revolutionary chief judge Awad Hamed al-Bander and to Saddam's half brother and former intelligence chief Barzan Ibrahim al-Tikriti.

Former Iraqi vice president Taha Yassin Ramadan was also found guilty and sentenced to life in prison. Three local Baath party officials were found guilty and sentenced to 15 years in prison and a fourth was acquitted.

The appeal: Defendants can appeal against the verdict to a nine-member appeals chamber. If the verdict is death or life in prison, an appeal is automatic even if defence counsel does not submit one. Any sentence must be carried out within 30 days of all appeals being exhausted. There is no statute of limitation as to how long the appellate court can take on ruling.

The presidential council, made up of Iraq's president and two vice presidents, has to ratify any death sentence before it is carried out. The current president is an ethnic Kurd and the two vice presidents are a Shi'ite and a Sunni Arab.

Iraqi law states that the corpse of the executed person is handed over to relatives if they so request. Otherwise the prison authorities will carry out the burial at government expense, but there will be no funeral ceremony.

Other cases: Saddam is also facing charges in a separate trial for genocide against ethnic Kurds and, despite Sunday's verdict, proceedings for the Anfal (Spoils of War) military campaign will continue. Only after the death of a defendant are the charges of other cases dropped.

Life of Saddam Hussein

Saddam Hussein was sentenced to hang at a session on Sunday of the US-backed court in Baghdad which found him guilty of crimes against humanity.

Following are key dates in the life of the former Iraqi president:

April 28, 1937 - Born in al-Awja village outside Tikrit, 150 km north of Baghdad.

October 1956 - Joins uprising against pro-British royalist rulers and then becomes a militant in the pan-Arab, secular Baath Party.

October 1959 - A year after overthrow of monarchy, takes part in attempt to kill Prime Minister Abdel-Karim Kassem. Flees abroad.

February 1963 - Returns to Baghdad when the Baath Party seizes power in a military coup but nine months later Baathists are toppled. Caught and jailed. Elected deputy secretary-general of the party while in prison.

July 1968 - Saddam helps plot the coup that puts the Baath Party back in power, deposing President Abdul-Rahman Aref.

March 1975 - As vice-president of the Revolutionary Command Council (RCC), signs border agreement with the Shah of Iran, who ends support for an Iraqi Kurdish revolt, causing its collapse.

July 16, 1979 - Takes power after President Ahmed Hassan al-Bakr steps aside as chairman of the RCC.

September 22, 1980 - Following border skirmishes, Saddam launches war on Iran that lasts eight years.

March 16, 1988 - Iraqi forces launch chemical attack on Iraqi Kurdish town of Halabja, killing about 5,000 people.

August 20, 1988 - A ceasefire is officially implemented in the Iran-Iraq war. The campaign against Kurds continues.

August 2, 1990 - Launches invasion of Kuwait, prompting UN Security Council to impose sanctions on Iraq.

January 17, 1991 - US-led forces start Gulf War with air attacks on Iraq and occupied Kuwait. Hostilities end on Feb 28 with eviction of Iraqi forces from Kuwait.

October 15, 1995 - Saddam wins a presidential referendum and is elected unopposed with more than 99 percent of the vote.

October 15, 2002 - Official results show Saddam wins 100 percent of votes in a referendum for a new term in office.

December 7, 2002 - Saddam apologises for invasion of Kuwait but blames the emirate's leadership. Kuwait rejects the apology.

February 2003 - In first interview in more than a decade, Saddam denies Baghdad has any banned weapons or links to al Qaeda.

March 20 - US launches war against Iraq. April 9 - US forces sweep into the heart of Baghdad as Saddam Hussein's 24-year rule crumbles.

July 22 - US military confirms Saddam's two sons, Uday and Qusay, were killed in gun battle in Mosul.

December 14 - US officials announce capture of Saddam.

October 19, 2005 - Trial opens with Saddam charged with crimes against humanity for the killing of 148 Shi'ite men in Dujail after a 1982 assassination attempt. He pleads not guilty.

August 21, 2006 - Saddam refuses to enter a plea as the trial starts on charges of war crimes in the "Anfal" campaign that killed tens of thousands of Kurdish villagers in 1988.

November 5, 2006 - A court in Baghdad finds Saddam guilty of crimes against humanity and sentences him to hang for the deaths of 148 Shi'ite men in Dujail.