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Saddam denied interim measures by ECHR

Relying on Articles 2 (right to life) and 3 (prohibition of torture and inhuman and degrading treatment) of the European Convention on Human Rights and Article 1 of Protocol No. 6 (abolition of the death penalty in time of peace) and Protocol No. 13 (abolition of the death penalty in all circumstances) to the Convention, lawyers acting for Saddam Hussein sought the European Court of Human Rights to

"permanently prohibit the United Kingdom from facilitating, allowing for, acquiescing in, or in any other form whatsoever effectively participating, through an act or omission, in the transfer of the applicant to the custody of the Iraqi Interim Government unless and until the Iraqi Interim Government has provided adequate assurances that the applicant will not be subject to the death penalty."

They argue that under those provisions the United Kingdom has an obligation to ensure individuals are not subject to the death penalty and therefore not to surrender legal or physical custody of individuals to a country or jurisdiction where they would face such consequences and other breaches of the Convention.

On 29 June 2004 the European Court of Human Rights decided not to grant the request, it remains open to Mr Hussein to pursue his application before the Court. His legal custody has now been transferred to Iraq which means Saddam and the other former members of his regime are no longer prisoners of war, entitled to the protection of the Geneva convention, but criminal defendants, who will be treated in accordance with Iraqi law.

Posted by Paul in Cases Law at June 30, 2004 05:08 PM | 0 Comments | Browse Related Books