Paper Trail Points to Hussein

Saddam Hussein was confronted for the first time Tuesday with documents that appear to implicate him in the executions of 148 Shiites, some of them children, from the town of Dujayl after a failed assassination attempt against him there in 1982.

In a day short on drama but rich in documents, prosecutors laid out what they described as a paper trail that would reinforce earlier testimony from survivors of the Dujayl massacre.

Officials initially feared that courtroom outbursts from Hussein could exacerbate violence that erupted after the bombing of a sacred Shiite Muslim shrine in Samarra on Feb. 22.

But the two-hour proceedings had little of the theatrics that have come to characterize the trial of the former Iraqi president.

The drama instead continued on the streets of Baghdad and elsewhere, where numerous attacks killed at least 76 Iraqis and left 179 wounded.

Among the sites struck by bombs was the Hussein Majid Mosque in Tikrit, where Hussein’s father is buried.

Key documents brought up during Tuesday’s proceedings were signed by Hussein, following an “imaginary trial,” said Jaafar Mousawi, the lead prosecutor.

The evidence approving the death sentences came in the form of a memo from the Revolutionary Court dated June 1984 and a subsequent presidential order.

Prosecutors also presented documents about children being executed in the southern part of the country.

“Trial by document -- this is what we saw today,” said Nehal Bhuta, a lawyer from Human Rights Watch, adding that “it’s these kinds of documents that will make or break the case.”

Bhuta, who was monitoring the trial inside the courtroom, said the proceedings had entered a “critical phase in which the prosecution has an opportunity to prove the direct links between the crimes committed and the conduct of the defendants.”

The trial, which began in October, has featured testimony by survivors of the Dujayl killings and their families.

It has also often been characterized by a carnival-like atmosphere, featuring long soliloquies from defendants and their lawyers.

Hussein is on trial for crimes against humanity along with seven co-defendants, including his half brother. Among the charges is the authorization of the torture and execution of the Shiites of Dujayl.

Minutes into Tuesday’s session, Hussein’s defense attorney, Khalil Dulaimi, and his deputy, Khamis Obeidi, walked out after failing to win an adjournment.

Prosecutors then began presenting the letters and memos.

One letter, dated 1985, says that 10 youths had not been executed according to plan because of their ages, which ranged from 11 to 17.

“We recommend executing them in a secret manner in coordination with the management of the prison and the Mukhabarat,” or secret service, the letter says.

Hussein drew an arrow from that paragraph to the margin and wrote “yes,” prosecutors allege.

In a news conference afterward, lead prosecutor Mousawi said that 10 teenagers had been moved to the desert near the city of Samawa. When they reached legal age in 1989, they were executed, he said.

Another document shows that two death certificates were prepared for a 14-year-old because intelligence officials thought the child, Qassim Jassim, was among 96 people who had been hanged at Abu Ghraib.

After they discovered that he was still alive in a detention facility in the southern part of the country, the youth was brought to Baghdad and executed. Then they filled out another certificate.

Most of the letters and memos presented in court feature the Baathist eagle, with some spelling out “Iraq General Intelligence Service” in English. As they were read aloud, Hussein listened, mostly quietly, although he spoke up to question the authenticity of the documents.

Up until Tuesday’s court session, prosecutors laying out the Dujayl crimes were confounded by hazy witness memories, hearsay testimony and inconclusive documents.

Hussein’s lawyers walked out of the courtroom in January to protest what they called the new judge’s harsh manner, which they compared unfavorably with that of Judge Rizgar Mohammed Amin, who resigned amid suggestions that he was too soft on theatrics from defendants and their lawyers.

At the news conference, Mousawi said 96 Dujayl residents had been executed at Abu Ghraib on March 23, 1985. An additional 46 had died previously, while being tortured. Six other Dujayl residents were among the 10 youths executed in 1989.

If convicted, the defendants could face execution by hanging.

What court theatrics there were Tuesday came from Hussein’s half brother. At one point, he raised his hand and began to complain.

“No, you are not allowed to lecture,” said the chief judge, Raouf Rasheed Abdel Rahman, cutting him off. “Sit down.”

Later, after a few more outbursts by Barzan Ibrahim Hasan, the half brother, the judge banged his gavel and told him to “shut up.”

“Don’t shut me up,” Barzan replied. “I’m a man like you.”

The court adjourned until today.

*

Times staff writers Saif Rasheed and Borzou Daragahi in Baghdad contributed to this report.