Iraq: Special Tribunal

HL Deb 10 May 2004 vol 661 cc10-1WA

Lord Lester of Herne Hill

asked Her Majesty's Government:

How they will ensure that the Iraqi Special Tribunal has the necessary independence and impartiality and other characteristics needed to comply with international human rights law. [HL2547]

Baroness Symons of Vernham Dean

A committee of the Iraqi Governing Council drafted the Statute of the Iraq Special Tribunal with assistance from the Coalition Provisional Authority (CPA) Office of Human Rights and Transitional Justice. The UK provided comments on the statute through the UK Special Representative for Iraq's office and the CPA Office of Human Rights and Transitional Justice. Our comments were focused on the application of international law and the scope of the tribunal.

Iraqi judges and prosecutors, who will be involved in the Special Tribunal, are receiving international training in international human rights standards and international law.

The statute setting up the tribunal also includes provision for international assistance to the court, for example through the appointment of international advisors and observers to the court. These personnel will help to monitor the judicial process to ensure due process.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether the Iraqi Special Tribunal is bound to act in a way that is compatible with international human rights law. [HL2548]

Baroness Symons of Vernham Dean

On 10 December 2003 the Iraqi Governing Council established by statute the Iraqi Special Tribunal to try major crimes committed under the former Ba'athist regime. The Transitional Administrative Law signed on 8 March 2004 will serve from 30 June 2004 as the Supreme law of Iraq until the formation of an elected government. It contains fundamental rights and freedoms and confirms the establishment of the tribunal and the independence of the judiciary. The court's statute provides for international assistance to the court, for example through the appointment of international advisers and observers to the court. These personnel will help to monitor the judicial process to ensure due process.