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| |  | | Awad Hamed al-Bandar | | | context : | Iraq  | | judgement place : | Iraqi Special Court | | status : | Sentenced | | particulars : | His trial opened on 19 October 2005, he was sentenced to death by hanging on 5 November 2006; his appeal was lodged on 3 December 2006; his sentence was confirmed on 26 December 2006; he was executed by hanging on 15 January 2007 | | position : | Chief justice of the of the Iraqi Revolutionary Court |
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| | | | On 30 June 2004, Awad Hamed al-Bandar was formally handed over to the interim Iraqi Government. He was, however, not physically handed over as no adequate Iraqi prison existed at the time.
Awad Hamed al-Bandar was indicted on 1 July 2004. He was accused, along with seven other former officials (ex-president Saddam Hussein, Taha Yassin Ramadan, Barzan Ibrahim Al-Tikriti, Abdullah Kadhem Ruaid, Ali Daeem Ali, Mohammed Azawi Ali, Mizher Abdullah Rawed, see "related cases"), of taking part in the killing of 140 Shiite inhabitants of the village of Dujail, 60 kilometers north of Baghdad, in July 1982. The indictment contained charges of crimes against humanity according to article 12 of the statute of the Iraqi Special Tribunal, issued on 10 December 2003.
According to the indictment, the victims were killed in the course of a retaliation campaign following the attack on the president’s motorcade. Furthermore, hundreds of women and children are said to have been held in camps in the desert and that date plantations which formed the basis of the local economy and the livelihood of the families living there were destroyed.
Trial proceedings began on 19 October 2005 and Awad Hamed al-Bandar pleaded not guilty.
In the weeks following the first audience, serious security concerns plagued the defence. Indeed, only 36 hours after the first hearing, a group of unidentified armed men captured and killed one of the defence attorneys from his office in east Baghdad. A few days later, another lawyer was killed in a drive-by shooting, and a third, injured in that attack, subsequently fled Iraq for Qatar.
As a consequence, some called for the trial to be held abroad. The defence team, supported by the Iraqi Bar Association, imposed a boycott on the trial until their security concerns were met.
An agreement was reached and the defence accepted offers of protection that included the same level of protection that is offered to the Iraqi judges and Prosecutors, including armoured cars and teams of bodyguards.
The trial resumed on 28 November 2005, but was adjourned again until 5 December to grant the defence teas time to find new counsel after two of their lawyers were killed and third fled Iraq.
On March 12, 2006, the Prosecutor announced that if Saddam Hussein and his seven co-defendants were sentenced to death in the Dujail case, the sentence would be carried out without waiting for the conclusion of other cases in which they were accused.
In his closing argument on 19 June 2006, the Prosecutor asked that the death penalty be imposed upon Taha Yassine Ramadan, Saddam Hussein and Barzan al-Tikriti. The defence presented its closing arguments on 26 June 2006.
On 5 November 2006, Awad Hamed al-Bandar was sentenced to death by hanging. Under the rules of the Court, a sentence of death of life imprisonment generates an automatic appeal.
On 3 December 2006, the defence team lodged an appeal against the verdicts for Saddam Hussein, Awad Hamed Al-Bandar and Barzan Ibrahim Al-Tikriti, who had been sentenced to death.
On 26 December 2006, the appeals chamber confirmed the death sentence against Awad Hamed al-Bandar.
Awad Hamed al-Bandar was executed by hanging on 15 January 2007. | |    | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | last time seen : | | | Baghdad (Iraq) | | | period of charges : | | | 08.07.1982 | | | judgement period : | | | 19.10.2005 | | | charges : | | | Crimes against humanity | | | profile last modified : | | | 21.06.2009 |
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