| Confirmation of what was reported previously. |
The United States will transfer legal custody of Saddam Hussein and other top prisoners to Iraqi authorities giving access to Iraqi prosecutors and defense lawyers as soon as Iraqi courts issue the necessary warrants, a U.S. official said Tuesday. But U.S. forces won't let go of Saddam, even after Iraq regains its sovereignty next week, because Iraq doesn't yet have a prison strong enough to hold the ex-dictator, the official said, speaking on condition of anonymity. U.S. forces will honor transfer of custody requests from Iraq's incoming government, which takes power June 30, as long as they are accompanied by arrest warrants from an Iraqi court, the official said in a legal briefing with reporters. Details of the transfer will be laid out in a memorandum of understanding between U.S.-led multinational forces and the incoming Iraqi government, he said.
American forces need to keep Saddam and other top figures from his regime in coalition lockups for their own safety and to secure against escape or other mishaps, the official said. Saddam, who is said to be incarcerated at a U.S. prison near Baghdad International Airport, will be in the first group of prisoners turned over, he said. Once his legal custody shifts, Saddam will lose his prisoner of war status and will be considered an accused criminal. As such, the longtime Iraqi strongman will win due process rights, including access to an attorney.
He will also be subject to questioning by an investigating judge from the special Iraqi war crimes tribunal set up to try him and others for crimes against humanity committed during his brutal reign, the official said. "We will maintain physical custody and control and look after their safety and security and well being, and make sure they are treated in accordance with applicable Iraqi law," the U.S. official said. "And we will grant access as appropriate and as required." |