http://www.khaleejtimes.com/DisplayArticleNew.asp?col=
<http://www.khaleejtimes.com/DisplayArticleNew.asp?col=&section=focusoniraq&;
xfile=data/focusoniraq/2007/November/focusoniraq_November45.xml>
&section=focusoniraq&xfile=data/focusoniraq/2007/November/focusoniraq_Novemb
er45.xml
 
US rebuffs Iraq demand for handover of prisoners
(Reuters)

12 November 2007 





BAGHDAD - US forces on Monday rebuffed demands from Iraqi Prime Minister
Nuri Al Maliki for three former high-ranking members of Saddam Hussein's
government and military to be handed over so they could be hanged. 



The US military said it would continue to keep the men in its custody until
the Iraqi government resolved an internal dispute over the legal and
procedural requirements for carrying out the death sentences.

An appeals court in September upheld the sentences against Saddam's cousin,
Ali Hassan Al Majeed, widely known as 'Chemical Ali', former Defence
Minister Sultan Hashem, and a former army commander, Hussein Rashid
Muhammad.

The three were convicted of genocide for their roles in a campaign against
Iraq's Kurds in 1988 in which tens of thousands of people were killed. Under
Iraq's constitution their sentences should have been carried out within 30
days.

Maliki accused the US embassy on Sunday of thwarting his Shia -led
government's attempts to execute the three and demanded they be handed over
as soon as possible so their sentences could be carried out.

'The Coalition Forces are not refusing to relinquish custody. We are waiting
for the GOI (government of Iraq) to come to consensus as to what their law
requires before preparing a physical transfer,' said Colonel Steve Boylan,
spokesman for the US military commander in Iraq, General David Petraeus.

'Changes in Iraqi law subsequent (to) earlier executions have led to
disagreement within the GOI as to what the applicable requirements now are,'
Boylan said.

President Jalal Talabani, a Kurd, and Vice President Tareq Al Hashemi, a
Sunni Arab, insist that the constitution gives the three-man presidency
council final authority for approving the executions. Both men are opposed
to the hangings going ahead.

Maliki disagrees and his government tried unsuccessfully to execute the
prisoners in September. That attempt was stopped only after Hashemi
threatened to resign.

'There continues to be differences in viewpoint within the government ...
regarding the necessary Iraqi legal and procedural requirements for carrying
out death sentences issued by the Iraqi High Tribunal,' Boylan said.

'Coalition Forces will continue to retain physical custody of the defendants
until this issue is resolved in accordance with their laws,' he said in an
email to Reuters.

Maliki's government last month formed a seven-member committee, including
legal experts and advisers to Talabani and Maliki, to reach consensus on the
issue.

While many Iraqis are anxious to see Chemical Ali, once one of the most
feared men in Iraq, go to the gallows, there has been a chorus of calls from
the Sunni Arab community for Hashem's life to be spared, with many arguing
he was a soldier simply following orders.

 



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