Saddam's last minute bid fails

2004-06-30 13:00

Strasbourg - The European Court of Human Rights on Wednesday threw out a complaint filed by former Iraqi leader Saddam Hussein, who had asked that Britain be barred from turning him over to Iraqi custody.

Lawyers acting on behalf on Saddam had on Tuesday filed a request asking Europe's top human rights court to prevent Britain from facilitating Saddam's transfer to Iraqi custody "unless and until the Iraqi interim government has provided adequate assurances that the applicant will not be subject to the death penalty".

But in a statement, the Strasbourg-based court said it had decided not to grant the emergency request. It nonetheless said Saddam was free to "pursue his application before the court".

Iraq's interim government took legal custody of the former Iraqi president and 11 top members of his regime on Wednesday from the US-led military, in a first step toward their eventual trial, US and Iraqi officials in Baghdad said.

Death penalty reinstated

Saddam's attorneys had based their request to the European rights court on Articles 2 and 3 of the European Convention on Human Rights, which call for the right to life and the prohibition of torture and inhuman, degrading treatment.

They also cited protocols to the convention that bar the death penalty, arguing that Britain has a legal obligation not to surrender legal or physical custody of individuals who could face the death penalty.

Saddam is due to be charged by the Special Iraqi Tribunal on Thursday.

Iraqi President Sheikh Ghazi al-Yawar said in an interview published on Wednesday in the Arabic-language daily Asharq al-Awsat that his government had approved the reinstatement of the death penalty.

He added that the decision would be formally announced in the "near future".

- AFP