By Ben Turner
Impunity Watch Reporter, Middle East

BAGHDAD-Iraq—Two former high ranking Shiite government officials charged with the kidnapping and killing of scores of Sunnis were released on March 3 for lack of evidence.

Former Deputy Health Minister, Hakim al-Zamili, and the ministry’s former Head of Security, Brig-Gen Hamid al-Shammari, were accused of orchestrating the death squads that killed Sunni Arabs.  They were charged on five counts of murder and five counts of kidnapping.

The two men denied that they allowed the death squads to use ambulances and hospitals to carry out the attacks.

The fact that the case had been brought against these officials was originally viewed as a step forward for Iraq’s judicial system, but problems arose soon after it began.  The trial court sent the case back to the investigative court three times, asked for more information, and delayed the case when witnesses failed to appear.

American officials then produced evidence that one of the judges on the panel had promised to find the defendants not guilty.  He was replaced by a senior judge.  Witnesses that did appear later contradicted their testimony.  One witness testified against al-Zamili in October before recanting his testimony on March 3.  The witness said he had “misspoken” in his earlier testimony because he was weak from fasting for Ramadan.

On March 3, two days into the trial, the prosecutor asked the court to dismiss the charges against al-Zamili and al-Shammari for lack of evidence.  The court dismissed the charges, leaving U.S. officials stunned and raised concerns about Iraqi officials’ willingness to act against sectarian violence.  The independence of the Iraqi judiciary was also questioned.

Families of the victims were outraged by the decision.

“It’s a travesty, an absolute travesty of justice,” said Ali al-Safaar.   Al-Safaar’s father, a deputy health minister, was kidnapped from his home after preparing a report on corruption that identified Zamili. “How can 13 murder cases and kidnappings and corruption be dealt with in two days?”

Zamili and al-Shammari are followers of the anti-American Shiite cleric Moqtada al-Sadr, who has recently won praise from U.S. officials for ordering his militia to abstain from violence.

Saleem Abdullah, a member of Parliament and a spokesman for Tawafiq, the main Sunni bloc, questioned whether the U.S. did not push the Iraqi government for a fair trial for fear of angering al-Sadr.

“Maybe because Sadr recently froze the Mahdi Army, they are trying not to criticize or provoke him,” Abdullah said, referring to Sadr’s recent decision to extend a cease-fire for six more months.

For more information, please see:
BBC – Iraq Drops ‘Death Squad’ Charges – 4 March 2008

New York Times – Charges Are Dropped Against 2 Shiite Ex-Officials Accused in Sectarian Killings – 4 March 2008

Times – Iraqi ‘Death Squad Chiefs’ freed – 4 March 2008

UPI – Iraq Drops Sunni Death Case For Shiites – 4 March 2008

Washington Post – Case Is Dropped Against Shiites In Sunni Deaths – 4 March 2008

Reuters – Terrorism Charges Dropped Against Ex-Iraqi Officials – 3 March 2008