Saddam lawyers appeal to Europe

Lawyers complain they cannot see Saddam Hussein

Lawyers defending Saddam Hussein have filed a petition with the European Court of Human Rights to try to gain access to the former Iraqi ruler.

Defence lawyer Emmanuel Ludot told French radio that his client was being deprived of his right to legal counsel under the Geneva Conventions.

The petition asks France to put pressure on the US to remedy this.

Mr Ludot said the court could force a convention signatory to intervene with another to demand compliance.

The complaint is based on Article One of each Geneva Convention, which requires parties "to ensure respect for the present Convention in all circumstances".

Mr Ludot said he had petitioned the US to gain access to Saddam Hussein - to no avail.

The detaining power has acted in such a way as to paralyse the rights of the defence Emmanuel Ludot Saddam Hussein's lawyer Charges facing Saddam Saddam fights back in court

He said he had chosen France to put pressure on Washington because it had a reputation for respecting human rights.

Lawyers for the US Defence Department ruled earlier this year that Saddam Hussein was a prisoner of war, protected by Geneva Conventions.

However, the US transferred the ousted leader to legal Iraqi custody when sovereignty was restored to Baghdad at the end of June.

As a result, Saddam Hussein lost his PoW status. He remains detained at a facility run by the US.

Second petition

Mr Ludot said defence lawyers had been unable to see their client since the transfer.

"The detaining power has acted in such a way as to paralyse the rights of the defence, pure and simple," he said.

Last month, the European Court of Human Rights - based in Strasbourg - threw out another petition by Saddam Hussein's lawyers asking that Britain, as an occupying power, be barred from turning him over to Iraqi custody.

Mr Ludot is a member of a 21-strong defence team based in Jordan.

Saddam Hussein is facing trial in an Iraqi court for alleged crimes against humanity committed against Kurds, Shias, and opposition activists over three decades.