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Iraq
Iraqi Courts Get Back to Work
2003-05-09
EFL
Boy, is this part gonna be tricky...
Insulting the president is a crime no longer. Murderers probably won't face the gallows. And outside the courthouse in Baghdad's Azamiyah neighborhood, someone has slathered the portrait of Saddam Hussein with what looks like wet cement. Iraq's criminal courts went back to work Thursday, but with a difference: The draconian laws of Saddam's era are no longer valid. ``Those provisions which are inconsistent with international law will be suspended,'' said Clint Williamson, the adviser appointed by the United States to get Iraq's Justice Ministry running again.
Step by step.
In a country with no government and virtual anarchy in the streets, the collaboration of American officials and Iraqi legal staff — from the judge right down to the court stenographer — marked a striking step toward the resumption of orderly society. The Azamiyah courthouse, a modest two-story sandstone building tucked away on a cramped side street, didn't look like a shrine of the law at its debut Thursday. The bench was a shabby wooden table. Outside on the street, two middle-aged men with manual typewriters sat on simple chairs and sold their secretarial services while vendors hawked juice.
No drumhead? Dang. Bet the Indymedia bunch's disappointed... Not that it matters whether there's actually a drumhead. They'll probably just claim there is, the rest of us can't see it because we're racists or something...
U.S. soldiers helped escort six shabbily dressed suspects into the building. Their hands were bound behind their backs with white plastic handcuffs. Outside the courthouse, U.S. soldiers in Humvees with mounted machine guns stood guard. ``Today is an important day in the return to a functioning civil society in Iraq,'' Williamson said. Courts will apply Iraqi law, but certain new statutes introduced after Saddam's Baath Party took power in 1968 will no longer be enforced. ``There will be some small changes,'' court president Ibrahim Malik al-Hindawi said as he stood in front of the courthouse.
For example, no shredding machines.
The death penalty is also likely to be suspended, Williamson said, because international treaties bar executions during military occupation. And whoever whitewashed the Saddam picture in front of the court is not likely to face charges either.
What if he paints a picture of a nekkid woman on the whitewash?
More importantly for Iraqis, the law will also be applied equally to all — not just those without power or influence. ``There will be punishment for everyone, even if they have high positions,'' al-Hindawi said. ``The Iraqi justice system is completely independent, and we will not accept British or American interference.''
"Excepting of course, our good friend Mr. Williamson here. And the Marines."
Most of the six suspects brought to the court — one of only two now functioning in Baghdad — were suspected of robbery or murder during a wave of looting and lawlessness that swept the capital after Saddam's regime was overthrown last month. Another seven were taken to the other court. One suspect, a man who appeared to be in his 20s and wore a tricolored button-down shirt and sandals, was accused of stealing a car. He told the judge that he was a car salesman and was trying to buy the car he was accused of stealing. As he spoke, a court stenographer who was leaning on the table the judge was using took down his testimony, writing it on a sheet of paper. Another judge sat in the same room questioning another suspect. The suspects were arrested by Iraqi police or coalition forces. All were expected to return later in the week for additional questioning before the court decides whether to take action. ``I think people would assume that the Ministry of Justice would have been a tool of oppression in the previous regime,'' Williamson said.
Yep. That's what I'd assume...
But, he said, the courts largely dealt with common criminals. Political prisoners were tried before military courts linked to the Baath Party. The Justice Ministry was relegated to dealing with cases in which the regime had little interest. Legal experts are expected to go out within a week to examine the other courts and see what it will take to reopen them.
Step by step.
Posted by:Steve White

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