评萨达姆在特别法庭上的智和勇及精彩言辞

曾身经百战、叱咤风云的伊拉克前总统萨达姆，在身陷囹圄面对由美国人和自己的政敌设立的特别法庭有罪的指控，他应怎样与特别法庭斗智斗勇，最好地为自己辩护呢？

在2005年10月19日对萨达姆的审判中，萨达姆选择了以国家总统的身份，面对担任主审法官的库尔德人阿明，从气势上征服法庭。

当阿明讯问萨达姆姓名时，萨达姆回应“你知道我的身份。你是伊拉克人，你知道我是谁。”此回答表明萨达姆拒绝承认特别法庭，不向特别法庭低头的坚强意志，从而为其辩护奠定了基调。

萨达姆话峰一转，反问阿明：“你是谁？我想知道你是谁？”这反映了萨达姆内心作为总统的主人身份，又表现了作为一名被告人所应有的权利。阿明也不示弱，“我是谁跟你没关系”，“不，跟我有密切关系。”显然，经过外国人精心培训的法官，还是表现为临场法律素养的不足，也说明他不是萨达姆的对手。有法律常识的人都知道，阿明的回答是错误的，因为被告人有权知道法官姓名，有权申请其回避。如果被告人连法官姓名都不知，怎样行使法律赋予的权利？

萨达姆失去了自由，被关押已长达近两年，他被剥夺了讲话的权利。这次他利用审判时机，抓住难得的讲话机会，向世人发表演讲“但是为了坚持正确的东西和尊重挑选我的伟大的伊拉克民众，我不会回答这个法庭的问话，谨向所有参与其中的个人致以应有的敬意。我保留作为伊拉克总统的宪法权利。”

为了广泛争取到伊拉克人及所有伊斯兰国家和民众的支持，萨达姆手里特别带上了《古兰经》，并在法庭上背诵《古兰经》，俨严是真主的使者，其背后的强大力量乃是所有伊斯兰教徒信仰的真主，正如萨达姆回答法官阿明关于自己身份的问话，“以真主的名义”那样。

面对特别法庭，面对千万只盯在电视画面的眼睛，萨达姆斗智斗勇不失时机地揭露了其人权受到肆意蹂躏情节，“从2点半以来，我就一直在这栋军事建筑里。从9点开始，我就穿上这套衣服。他们好几次让我脱下又穿上”。这不仅反映了其人权状况，也揭露了特别法庭及其背后虚伪的人权。

“他们不给我笔和纸，因为如今纸似乎令人恐惧。我对你们当中任何一位没有丝毫怨恨”。

连纸和笔都没有，可想而知萨达姆的人权是什么样子。而为什么一张普通的纸令人恐惧呢？那是因为有人怕萨达姆写出不为人知的事实，揭露出谎言。萨达姆思维敏捷，语言犀利，这与他爱看书学习是分不开的。

面对特别法庭指控的罪行及所谓“杜贾尔村惨案”，萨达姆知道，纠缠细枝末节是败诉的下策，将辩护重点放在质疑特别法庭的合法性上才是最佳策略，而且这能号召伊拉克人起来斗争。他讲道：“我不承认授权和任命你的当局，也不承认任何指控，因为这一切都是建立在非法的基础之上”。萨达姆不仅指出特别法庭的非法，而且在控诉美国以伊拉克拥有大规模杀伤武器为借口，武力推翻伊拉克政权的非法。

北京市京鼎律师事务所律师

金晓光

2005年10月21日

October 21st , 2005

Saddam’s intelligent, courageous and eloquent defense in the Special Tribunal

Xiaoguang Jin,

Lawyer from Beijing Kingdom law Firm

Saddam Hussein, once a powerful battle-tested veteran, is now held in detention. The former Iraqi president is facing criminal charges in the Special Tribunal established by the US and his political opponents. How and what kind of tactics he will take to defend for himself in the trial?

Saddam Hussein appeared in court alleging himself as the Iraqi president on October 19, 2005, and took an imposing control of the courtroom against the presiding judge Rizgar Mohammed Amin.

When asked to confirm his name by the chief judge Amin, Saddam answered: “You know me. You are an Iraqi and you know who I am.” This showed Saddam refused to recognize the Special Tribunal and would not answer to the court. At the beginning of the trial, he had played the keynote of his defense.

Saddam asked in retort testily: “"Who are you? I want to know who you are?" Saddam seemed to still regard himself as the president of the country. He had the legal right to get knowledge of identities of judges as a defendant. Judge Amin refused: “it’s has nothing with you who I am”. The refusal to Saddam’s challenge exposed well-trained Amin’s defects in his legal quality. Amin was no match for this argument with Saddam. Anyone with basic legal sense knows judge Amin had made a procedural mistake here. A defendant has right to learn identities of the judges and to appeal for avoidance of a judge with due reason. How could a defendant’s right for avoidance appeal be protected if the basic right to know names of judges was been denied?

Saddam had been kept in detention for 2 years without freedom and had been deprived the right of speech. He would grasp the opportunity for defense to address to the public, claiming: “But upholding what is right and respecting the great Iraqi people who chose me I won't answer to this court, with all due respect ... and I reserve my constitutional rights as the president of Iraq.”

In order to win Iraqi people and Islamist states’ support, Sadam carried a copy of Qur’an and begun reading from it in the court. He acted just like a messenger of Allah and his strong power come from holy Allah of all Islamists. He even answered Amin’s question about the defendant’s identity “in Allah’s name’’.

Facing the special tribunal and thousands of focused eyes before television, Saddam took the occasion to disclose the fact that his basic human rights had been violated and deprived, complaining: “I have been here in this military building since 2:30, and then from 9, I have been wearing this suit. They have asked me to take it off and then put it on again many times.” “They have prevented me from getting a pen and a paper because paper, it seems, is frightening these days. I don't hold any grudges against any of you.” Saddam couldn’t even touch paper and pen while in detention. The audience could imagine his human rights status. He had been denied basic human rights. Why was a mere piece of paper frightening? That was because they feared that Saddam would disclose some facts and lies hidden from the public. Saddam had a quick brain and a trenchant pen, which benefited from his favorite of reading.

Facing charges of list of crimes, especially “Dujail Village Genocide”, Saddam seemed clear that his best tactics of defense was to challenge illegitimacy of the Special Tribunal which would fire some Iraqi people’s protest against the trial, instead to be involved in details that would lead to his verdict.

Saddam challenged: “Neither do I recognise the body that has designated and authorised you, nor the aggression, because all that has been built on a illegitimate basis.” Saddam not only pointed out illegitimacy of the Special Tribunal but also illegitimacy of the overthrow of former Iraqi government by the US based on Iraq’s owning mass destruction weapon.