Lawyer in bid to block Saddam's execution

A lawyer for Saddam Hussein has appealed to a US court in an attempt to win a stay of execution for the former leader, arguing Saddam’s rights were violated by US troops.

But the court in Columbia refused to accept any filings by the Italian lawyer because he is not a member of the D.C. bar.

An Iraqi court has condemned Saddam and two senior members of his regime to death for killing 148 people in the northern Iraq town of Dujail. The victims, including children, were detained after a 1982 attempt to assassinate Saddam.

The verdicts and sentences have been referred to an Iraqi appeal court, which is expected to rule by mid-January. If the appeal court upholds the death sentence, Saddam could be hanged early next year, according to a schedule announced last month by Iraq’s chief prosecutor.

But even if a US court were to rule in Saddam’s favour, there is no indication that the Iraqi judiciary would apply the decision and stay the execution.

iovanni di Stefano, an Italian lawyer on Saddam’s defence team, said he submitted papers with the US District Court of Columbia on November 28 asking it to overturn the death sentence on Saddam.

Mr di Stefano told The Associated Press in Amman, where the defence team is based, that his appeal cites the provision of the Alien Torture Claims Act of 1789 that provides for redress for wrongful death, detention, torture, imprisonment and kidnapping.

The act says that Americans can be prosecuted for actions committed abroad. To use it to help Saddam, the lawyer would have to argue that the deposed leader’s rights were violated and the US government played a role. But even that argument would require a broad interpretation of the act.

Still, Mr di Stefano, who is an associated member of the American Bar, insisted, “Saddam Hussein will not be executed this year, nor will he be executed in the foreseeable future.”