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Hussein finally dead
FuriousOrange
Member #7,305
June 2006
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Lets keep the bible out of this. I for one would not consider anything in it of any relefence to the case at hand. As for "an eye for an eye", that's plain barbarism that I would like to think we've grown out of.

Isn't an eye for an eye at the heart of most civilised justice systems? Isn't the punishment meant to be proportionate to the crime? No wonder people complain when people who speed in their cars get let of with a fine.

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No, but he wasn't condemned for genocide. Do you not find it a little ironic that he was executed for killing a 148 people? If he hadn't done that, wouldn't they have executed him? Or would they have found a different reason? Maybe that's what they should have kept looking for here?

Not really. 148 people is a lot in my book and if it means convicting him a nod is as good as a wink in Saddam's case.

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What I do not understand is that people do not see the difference in saying "Saddam was a cool guy" and saying "Saddam didn't get a proper trial, which is wrong."

In what way did Saddam not get a proper trial? He may not have been tried for Genocide but trying him for a "minor" crime of the same nature is surely better than letting him off the hook?

nonnus29
Member #2,606
August 2002
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Bob and company keeping harping on the fair trial bit and deftly avoided HOW such a fair trial is to be carried out.

And the other thing I don't get is how they transplant our legal system and sense of 'fair' justice to another country with a completely different tradition.

I propose that Saddams trial was fair to a phenomenal degree. He was tried by his fellow Iraqis in an open trial. He was free to defend himself and argue with the judge and witnesses. What other Iraqi citizen has enjoyed such fairness in the past 20-30 years?

None, because Saddam was in power.

He got more fairness than he deserved.

ReyBrujo
Moderator
January 2001
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Yes, the penalty must have some kind of proportion to the crime. Yes, there is proof that he authorized the killing. Yes, he probably deserved to die. But if you are trying to convince a country that your system is better than the one they used to have, you need to do it in a clear way.

From what I heard, only three countries supported his death: US, Iran and Israel. When the whole international community is against something, I consider that something is flawed.

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FuriousOrange
Member #7,305
June 2006
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nonnus29 said:

I propose that Saddams trial was fair to a phenomenal degree. He was tried by his fellow Iraqis in an open trial. He was free to defend himself and argue with the judge and witnesses. What other Iraqi citizen has enjoyed such fairness in the past 20-30 years?

I second that

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Yes, the penalty must have some kind of proportion to the crime. Yes, there is proof that he authorized the killing. Yes, he probably deserved to die. But if you are trying to convince a country that your system is better than the one they used to have, you need to do it in a clear way.

But capital punishment is legal in some parts of America (if indeed you're taking the point of view that the American "system" is the one being expounded as better). Also the traditions of that region of the middle east, as nonnus mentions, have a strong history of capital punishment. After all that isn't a concept that has been snuck in through the back door, it already existed. And in that sense Saddam has been tried with the new system but has more than likely received the same sentence he would have had under the old system. And thats a good thing in my opinion because it shows Iraq is taking control of it's own destiny without bowing to the save the Saddam brigade.

axilmar
Member #1,204
April 2001

The real problem with Saddam is not that he was executed. The real problem is that USA goes after some dictators and lets other thrive.

The issue is not if Saddam killed 148 or 148 thousand people. The issue is what we do as humanity to save us from wars and ultimately annihilation.

The west does not teach real democracy with acts like this...it only teaches that the only real value these days is power. But if the game is reversed (and it will) and countries like China get more powerful than the USA, then there will be a payback and in the same way. And that can only be back, as it will certainly mean a global nuclear war.

Evert
Member #794
November 2000
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Quote:

148 people is a lot in my book

Have you bothered reading the rest of the thread? Yes, it is a lot. But it's a triffle compared to the other things he'd done that's why I find it ironic (and yes, I did read Matthew's post, and yes, I agree with his point).

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He may not have been tried for Genocide but trying him for a "minor" crime of the same nature is surely better than letting him off the hook?

Whoever said anything about letting him go?
And how is this a response to me observing that people seem to think that whoever says anything about the procedure of the trial is "pro Saddam"?

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Also the traditions of that region of the middle east, as nonnus mentions, have a strong history of capital punishment.

As you'll observe, the main complaint is not about him being put to death (though I personally am opposed to the death sentence on principle grounds), but about the trial itself.

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Bob and company keeping harping on the fair trial bit and deftly avoided HOW such a fair trial is to be carried out.

Well, I'll certainly agree that arguing from a principle standpoint is a luxury position. That said, I'll bite. They could have started by not changing the judge three times.

EDIT: here's another question to ponder: if all he had been guilty of was the 148 deaths, would the trial and sentence (the exact sentence) have been the same? Unless the answer is a clear yes (and I don't think any of us can say that it is), the trial was not fair. The fact that he was not tried for any of the other things he did means that he cannot have been (and was not) punished for them either. That is what I see as a problem.

Jakub Wasilewski
Member #3,653
June 2003
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if all he had been guilty of was the 148 deaths, would the trial and sentence (the exact sentence) have been the same? Unless the answer is a clear yes (and I don't think any of us can say that it is), the trial was not fair. The fact that he was not tried for any of the other things he did means that he cannot have been (and was not) punished for them either. That is what I see as a problem.

I've been observing the discussion for some time. While I agree in principle with what you say about the fairness of the proceedings, I'm curious to hear the answer to one specific question: how would you go about providing Saddam Hussein with a fair trial?

There are some sad facts that we all have to face. For example, two defense lawyers employed by Saddam Hussein have been killed. Do you think it was possible to prevent such a thing from happenning (using reasonable means)? If it was possible, how? Making everything about the trial secret is not a viable option, because then the public would feel cheated. If it wasn't possible, can a fair trial still be held when things like this (which are not in any way under the court's control) are happenning?

There were many other occurences that influenced the trial in some way, and also many political powers using the trial to further their own agenda, both within and outside of Iraq.

I admit that there were major flaws in the process, including the public-forced resignation of judge Rizgar Amin on grounds of being 'too lenient'. However, I also think that an absolutely fair trial for a person so well-known for his actions is an idealistic dream we can never hope to achieve.

Also, one final question. Do you think it would be better or worse for the entirety of Iraq to let the Saddam Hussein trial go on for years, which would be neccessary to have him tried on all charges?

Of course, we can't be sure, but I do think that having the trial go on and on would only destabilise the country further. If I had to choose holding a more fair but painful trial (which would with great probability achieve the same conclusion as the unfair one) or the well-being of my whole country... well, let's just say it would be a difficult choice.

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FuriousOrange
Member #7,305
June 2006
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Quote:

if all he had been guilty of was the 148 deaths, would the trial and sentence (the exact sentence) have been the same? Unless the answer is a clear yes (and I don't think any of us can say that it is), the trial was not fair.

In that case I'm going to argue that if Saddam was indeed tried for all his crimes, and found guilty, people would still say he didn't get a fair trial. Purely because of the situation/political atmosphere in which the trial was being held.

So really the problem isn't the crimes for which Saddam was accused but rather that he was accused at all.

Evert
Member #794
November 2000
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how would you go about providing Saddam Hussein with a fair trial?

As I said, I'm arguing from a luxurious position.

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For example, two defense lawyers employed by Saddam Hussein have been killed. Do you think it was possible to prevent such a thing from happenning (using reasonable means)?

I find that impossible to answer, not knowing what was done to prevent it in the first place.

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Making everything about the trial secret is not a viable option, because then the public would feel cheated.

Definately.

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If it wasn't possible, can a fair trial still be held when things like this (which are not in any way under the court's control) are happenning?

I think so, but I never said it is easy (or that they didn't try). Just that the end result wasn't it.

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Do you think it would be better or worse for the entirety of Iraq to let the Saddam Hussein trial go on for years, which would be neccessary to have him tried on all charges?

I think it would have been better to have him tried for some of the more horrible things he did, yes. Note that there are two trials against him still in progress(!).
I wouldn't argue that the trial should have been dragged out, but the way it concluded now felt rushed - which is not a good thing.

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I do think that having the trial go on and on would only destabilise the country further.

I'm not sure. I don't think this will do much for the stability of the country either way. If anything, I think it will enrage what following he has left even more.

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So really the problem isn't the crimes for which Saddam was accused but rather that he was accused at all.

Care to explain that? Or are you again confusing questions and objections against the trial process and Hussein worship?

Karadoc ~~
Member #2,749
September 2002
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There's another little point that I'd like to raise. A few people here are going on about how it's OK that the trial wasn't all that fair, because his guilt was obvious. Then I ask you this: how is his guilt obvious to you? How do you know what he has done? How did you find out? Are your sources reliable and unbiased?
It is pretty clear to me that the western media is going to put a western bias on their stories. What has happened; who did what; why were things done this why; - all these things are answered in a way that favours the people in control of the media.
Do you think Saddam should die because you have personally witnessed the destruction he has caused, or maybe you have spoken directly to some other witnesses? Or do you think he should die because the TV and newspapers you read say so?
Removing bias is basically what fair trials are all about. As Matthew says, maybe a fair trial just wasn't possible in this case. But that doesn't make hanging him 'right'.

and just for fun:

nonnus29 said:

He got more fairness than he deserved.

What a crazy thing to say! Don't you think that everyone deserves as much 'fairness' as possible?

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FuriousOrange
Member #7,305
June 2006
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Quote:

Do you think Saddam should die because you have personally witnessed the destruction he has caused, or maybe you have spoken directly to some other witnesses? Or do you think he should die because the TV and newspapers you read say so?

I formed my personal views mainly by reading history books. From both "western" and "middle eastern" historians. Notable authors include: The Sun, Dail Mirror, The Grauniad and to balance things out, Viz.

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