Saddam should be bailed in Europe, says lawyer

Saddam Hussein should be bailed in Europe while he awaits trial, his lawyer said today.

Giovanni di Stefano has lodged papers with Iraqi prosecutors arguing his infamous client should be freed in Switzerland, Sweden or Austria.

Saddam is immune from prosecution for acts committed while head of state, the lawyer argued.

Mr di Stefano said that under the Iraqi constitution deposited at the United Nations in 1969, the former president could not face trial.

He should therefore be bailed until the Iraqi Special Tribunal can prove it has the competence to try him, the Italian added.

The move would also allow the lawyers to prepare a defence without fear of retribution from Saddam’s enemies, he said.

Mr di Stefano, a former board member of Dundee FC, is second lead lawyer in Saddam’s 20-strong legal team.

Speaking from Paris, he told the Scottish Press Association: “We think Sweden, Austria and Switzerland will be prepared to take His Excellency on bail as well as (his deputy) Tariq Aziz.

“He should be freed until, when or if he faces trial. What’s the big deal? This is a criminal trial, I’ve known some pretty big villains freed in Glasgow while they were awaiting committal.”

The papers submitted to Iraqi prosecutors by Mr di Stefano which claim Saddam is immune from prosecution quote a ruling in Regina v Mary Queen of Scots 1586.

Saddam’s team argues that sovereign or state immunity can only be revoked for acts committed by the head of state while they are in exile or deposed.

Mr di Stefano said: “We are not convinced there’s a prosecution case against him. Under Article 40 of the Iraqi constitution, as head of the Revolutionary Council, his excellency, his deputy and members enjoy absolute immunity.

“For example, if the Queen decided to kill (former royal butler) Paul Burrell, what could happen? Nothing. It would be a case of Regina v Regina. Impossible.”

Mr di Stefano, who was once approached for legal advice by deposed Serbian leader Slobodan Milosevic, said his team had not yet been granted access to Saddam.

He added that the fallen dictator was being detained in a country outside Iraq but would not comment on reports he was in the Middle East.

Seven broad charges were levelled against Saddam when he appeared in a hearing at a former palace close to Baghdad airport earlier this month.

They range from the 1974 execution of religious leaders to the gassing of Kurds in Halabja in 1988 and the 1990 Kuwait invasion.

Saddam was asked by the judge if he had a lawyer and replied: “The Americans say I have millions hidden in Switzerland. How can I not have the money to pay for one?”

Charges were also read against 11 members of his regime, including Tariq Aziz and Ali Hasan al-Majid, known as Chemical Ali.