A United Nations judicial expert on Monday criticised the trial which sentenced former Iraqi dictator Saddam Hussein to death as neither impartial nor fair.
Leandro Despouy, the UN's Special Rapporteur on the independence of judges and lawyers, reiterated "his strong objections regarding the conduct of the trial and expresses his concern about the consequences this judgement may have over the situation in Iraq and in the region".
Despouy said that Saddam, who was sentenced on Sunday to hang, should be
tried on appeal by an independent and impartial court, backed by the United Nations.
In the statement he urged the Iraqi authorities not to carry out the death sentences handed down to Saddam and his half brother and intelligence chief, Barzan al-Tikriti, for their roles in the death of 148 Shiite villagers.
"Their application would represent a serious legal setback for the country and would be in open contradiction to the growing international tendency to abolish the death penalty," Despouy said.
He pointed namely to the "the lack of observance of a legal framework that conforms to international human rights principles and standards, in particular the right to be tried by an independent and impartial tribunal which upholds the right to a defence".
He also highlighted "its doubtful legitimacy and credibility".
"The tribunal has been established during an occupation considered by many as illegal, is composed of judges who have been selected during this occupation, including non-Iraqi citizens, and has been mainly financed by the United States," Despouy said.
He underlined "the negative impact of the violence and the insecurity prevailing in the course of the trial and in the country".
"Since its beginning one of the judges, five candidate judges, three defence lawyers and an employee of the tribunal have been killed. Moreover, another employee of the tribunal has been seriously injured."
He said the court has a limited jurisdiction, since it could only judge Iraqis and did not have competence to try "the war crimes committed by foreign troops during the first Gulf War (1990), nor the war crimes committed after 1 May 2003, (the) date of the beginning of the occupation."