August 11
IRAQ:
Divisions Loom over Iraq Death Penalty
The Danish military has suspended its handover of prisoners to British
forces because of the reinstatement of Iraq's death penalty - an issue
that could have broader implications and divide coalition partners working
with the police of a now-sovereign Iraq.
"We wish to know for certain that people in our custody won't be handed
over to face the death penalty," Danish Defence Minister Soeren Gade said
in Washington.
Britain maintains that European conventions against capital punishment do
not apply in Iraq.
The 25-member European Union bans capital punishment, and leading members
made clear last month that they held that line even if the death penalty
applies to Saddam Hussein.
But Denmark's decision was a reminder of the legal complexity of authority
in Iraq.
The Ministry of Defence says that its troops mostly patrolled jointly with
Iraqi police, and when arrests were made, the suspects automatically went
into Iraqi custody.
Britain, like Denmark, is obliged under the European Convention on Human
Rights not to extradite prisoners who could face the death penalty.
But Britain contends that the human rights convention does not apply in
Iraq, as it is a sovereign territory that is not signed up to the accord.
Coalition forces operate in Iraq under authority of the Iraqi government,
which reinstated the death penalty for murder, endangering national
security and distributing drugs.
Danish soldiers, who operate under British command in Iraq, had previously
handed over captured insurgents and suspected criminals to British forces.
Under a preliminary agreement, the Danes must give their approval before
the British turn those prisoners over to Iraqi authorities.
"Until that loose agreement becomes more explicit, we're making a
suspension so we don't risk ending up having the Iraqi government
executing someone who was originally detained by Danish troops," Danish
Defence Ministry spokesman Jakob Winther said.
Danish troops usually arrest only 1 or 2 Iraqis per month in the
relatively peaceful southern part of the country. Until the issue is
resolved, Danish soldiers will detain potential prisoners themselves.
(source: The Scotsman)
