Penal Court the International.
Mr. Magistrados. First Instance.
The Demand by the Truth.
I, Nelly Filograsso, DNI 18028955, of Argentine nationality, in character of defender of the victims, domiciled and constituting legal address in Caracas, Venezuela Avenue Armed Forces, Roel Building, 1D, respectfully I ask for the Court of Is the fulfillment of the Right that is accepted by the Agreement of Geneva relative to the treatment due to the Prisoners military (Agreement III) for the Iraqian Citizens: WASSAN TALIB, ZEYNAB FADIL, LIQA QAMAR and SAMAR SAAD ABDULAH, to those who the right to a Lawyer has been denied them, as it affirms the witness, Walid Hayali, lawyer and member of the Union of Iraqian Lawyers. I invoke article 7 of the mentioned Agreement, to cry out Justice, like Woman that I am, who requests that nobody resigns or it gives up to the right to request legitimate Justice.
To be able to demonstrate the Violation of the rights of the Defendants, before the Court, for it we invoked the Breach to the rights of the Agreement of prisoners military of United Nations, already mentioned. We want to demonstrate the Innocence of the four ladies. Combined it it must be recognized that All Attitude taken by the recurrent ones must be recognized by Your excellence like in legitimate defense. That there is an antecedent that explains that a court is Ilegítimo, violating article 84. 99 and 105 of the mentioned Agreement because the Right to a lawyer to its Victims refuses to them. We know that the reciprocity that forces and it express article 82 of the Agreement of prisoners military, is not fulfilled since at no moment properly those have been punished with the same pain of hanging that have incurred damages of Violation in their territory by a Power, that bombed its Earth and its Families. Besides to support to cruel treatments and violation of the elementary rights, being these facts denounced by Social Mass media, being proven for being Well-known Public and. To prove that article 104 of the mentioned Agreement is violated since beginning the process ilegítimo, they do not contribute to tests this one it will not be able to take place and it will have to be postponed. That he is proven has then not been fulfilled Informing to the Organization of United Nations, (who is the one in charge of the Stability of Protective Powers of All the Nations of the World), Sentencia to hang to the four Mothers of Children, being violated article 107 of the Agreement of Prisoners military.
COMPETITION: Material competition: the CPI is competent to know the most serious crimes: the genocide crime; the crimes against the humanity; the crimes military; as well as the aggression crime, once its definition has needed. Temporary competition: the CPI is competent for the crimes committed after the take effect of the Statute, that is to say, after the 1 of July of personal 2002.Competencia: the CPI is competent if the accused person is national of a State starts off or if the crime is committed in the territory of a State starts off. Nevertheless, these conditions are not applied when the one is the Security Council of the UN that sends a situation to the Public prosecutor. The Statute includes important dispositions relative to the rights and the interests of the victims. For the first time in the history of international penal justice, the victims will be able to take part in the procedure and to ask for the repairs moral and material of the damages that have suffered.
As it is ***reflxed mng of the Public denunciation: “THREE YOUNG WOMEN THE CONDEMNED UNTIL DEATH TO RESIST TO FOREIGN OCCUPATION IN IRAQ” “By RV ALTERCOM - Friday, Feb. 16, 2007 AT 4:54 p.m. Informative note of the State Campaign against the Occupation and by the Sovereignty of Iraq. THREE YOUNG WOMEN THE CONDEMNED UNTIL DEATH TO RESIST TO FOREIGN OCCUPATION IN IRAQ For the first time from the beginning of the occupation of Iraq, three women have been the condemned to die in the gift by the Central Court of Criminal (TCC) by resistance activities. They are WASSAN TALIB of 31 YEARS, ZEYNAB FADIL, of 25 YEARS, and LIQA QAMAR, also of 25 YEARS, whose date of execution has been fixed for next day 3 of March. WASSAN TALIB and ZEYNAB FADIL were sentenced until death by the TCC the 31 of August of 2006. WASSAN TALIB was accused and the condemned until death by the murder of five members of the Iraqian forces of security in 2005, during an armed attack against a center of Iraqian security in the district of Hayat al-Furat, in Bagdad. On the other hand, ZEYNAB FADIL is accused, along with their husband and his cousin, to attack a joint patrol of American the National Guard (the new army Iraqian puppet) and forces in Bagdad. Both women deny the responsibility of the facts, and Zeynab Fadil insists on which it at least was not in Iraq when these happened. Finally LIQA QAMAR is blamed to participate it next to its husband and his brother in the kidnapping and later murder in 2005 of a high position in the “Green Zone”, area of Maxima security of the capital. Liqa Qamar was sentenced until death the 6 of February of 2006. His husband has been stopped and accused of he himself crime. As much Zeynab Fadhil as Liqa Qamar MAINTAINS WITH THEM IN PRISON TO TWO CHILDREN. The first a its daughter of THREE YEARS of age; second, to a girl of a YEAR, born while its mother already this prisoner. One fourth woman, SAMAR SAAD ABDULAH, of 25 YEARS, could immediately be executed after its appeal was rejected. Samar Saad Abdullah has been the condemned until death accused to kill its uncle, the wife of this one and the children of the marriage. The four mentioned women are in the jail of the district bagdadi of Kadimiya. Walid Hayali, lawyer and member of the Union of Iraqian Lawyers, have informed who the TCC prevented that the three women accused of resistances had learned attendance for being security crimes. According to Amnesty International informs, the temporary government of Iraq restored the capital punishment in August of 2004 for diverse crimes. The three first executions, after the reimplantación of the capital punishment, were carried out the 1 of September of 2005 and during year 2006 at least 65 men and women have been executed, among them, ex- president Sadam Husein. In 2007 at least two high positions of the demoted Iraqian government were executed the 15 of January. The exact number of women stopped by the occupation forces is not known or the new Iraqian authorities of between almost the 31,000 prisoners officially recognized by both instances, report of Nations United on Human rights in Iraq bases collection in the last . The past 6 of April of 2006, Mohamad Jorshid, representative of a network of ONG of Human rights in Iraq, declared to the Asharq newspaper al-Awasat that 2,000 Iraqian women remained at that time stopped “by reasons for security” in several jails and centers of halting of the country under control of the Iraqian government like of the occupation forces as much. Recently, in appearance before the Iraqian Parliament, the Iraqian minister of Human rights reduced this number to in winch a thousand of women, in contrast to her own made declaration few days before.”
The elementary right of all human being, invoked is being violated in the Agreement of Prisoners military in its 7 “… to resign totally partial or to the rights that are granted to them in the present Agreement…”. The violation of article 82 of the Agreement to the prisoners military, whom specifically a balance between the Iraqian Citizens and their Detectors establishes: “… it will not authorize persecution or sanction some opposite to the dispositions of the present chapter. If in the laws, the regulations or the general orders of the Power stopper it is declared that they are punibles acts committed by a prisoner military, whereas those same acts are not it when it commits a member of the Armed Forces of the Power stopper, the corresponding punishments only can be of disciplinary nature.” That the article 84 is violated that specifically says”… In no case it will be made appear to a prisoner military before a court, whichever it is, if does not offer the essential guarantees of generally recognized independence and impartiality and, in individual, if its procedure does not guarantee to the defendant the rights and anticipated means of defense in article 105”, since incurred Violation to the Elementary rights of the Man when being violated also the Articles 99 that specifically says”… Not moral or physical pressure will be exerted on a prisoner military to induce it to confess itself guilty of the cause that is imputed to him. Any prisoner will not be able to be condemned military without he has had the possibility of defending and without he has attended it a described defender.” That the Article 100 is being violated that specifically says “will inquire to the prisoners military and the protective Powers, as soon as it is possible, about the punibles infractions with the capital punishment by virtue of the legislation of the Power stopper. Later, no infraction will be able to be punished with the capital punishment, without the consent of the Power of depend the prisoners. The capital punishment against a prisoner will not be able to be dictated more than if the attention of the court has been called specially, in accordance with article 87, paragraph second, on the fact that the defendant, by not to be subject of the Power stopper, it does not have towards her any to have of fidelity and that is in his power by circumstances other people's to his will. That the article is violated Article 104 In all the cases in that the Power stopper has decided to introduction judicial diligences against a prisoner military, will communicate it to the protective Power as rapidly as possible… In the communication will appear the following indications: … with the mention of the applicable legal dispositions; …. If, when beginning the process, tests that are not contributed the protective Power, the prisoner and the respective man of confidence have received the communication above mentioned, at least three weeks before the Vista of the cause, this one will not be able to take place and will have to be postponed. That Article 105 is violated” the prisoner military will have right… defends a lawyer described as its election, to make appear witnesses and to resort,…” Who are being violated the Article the 87 prisoners military the military administrations and the courts of the Power could not be sentenced by stopper to punishments different from the anticipated ones for such done with respect to the members of the Armed Forces of this Power. In order to determine the punishment, the courts or the authorities of the Power stopper will consider, in the greater possible measurement, than the defendant, by the fact of not to be subject of the Power stopper, does not have, with respect to her, none to have of fidelity, and that he is in his power because of the circumstances other people's to the own will. They will have the faculty to freely attenuate the punishment anticipated for the reproached infraction to the prisoner and they will not have the obligation, in this respect, to apply the minimum of this punishment. The collective punishments by individual acts, the corporal punishments are prohibited, the imprisonments in the premises where not between the solar light and, in general, all form of torture or cruelty. That Article 101 is violated If the capital punishment against a prisoner is dictated military, the sentence will not be executed before to have expired a term of, at least, six months as of the moment at which the notification detailed anticipated in article 107 has arrived at the protective Power to the indicated direction. That the article is only violated Article 102 a sentence will have validity against a prisoner military when it has been dictated by same the courts and following he himself procedure that with respect to the people pertaining to the Armed Forces of the Power stopper and if, in addition, has been fulfilled the dispositions of the present chapter. That the Article is violated 103Las judicial diligences against a prisoner military they will carry out as quickly as the circumstances allow it and so that the process takes place as rapidly as possible. That Viola Article 107, since the Protective Power is United Nations and Sentencia has not communicated him as it express Article 107. “All sentence dictated against a prisoner military will be communicated immediately to the protective Power, in form of brief notification, pointing out, at the same time, if the prisoner must right to resort in appeal, abrogation or revision. This communication will also be made the respective man of confidence. One will inquire, also, to the prisoner military and in language that includes/understands, if the sentence has not been dictated in its presence. In addition, the Power stopper will communicate immediately to the protective Power the decision of the prisoner military to exert, or no, its rights of resource. In addition, in case of definitive sentence and, if one is capital punishment, in case of sentence dictated in first instance, the Power stopper directs, as soon as it is possible, to the protective Power, one detailed communication that contains: the 1) exact text of the sentence; 2) a summarized report of the summary and the process putting of relief, in individual, the elements of the accusation and the defense; 3) the indication, when it is the case, of the establishment where will be to be fulfilled the sentence. The communications anticipated in the previous paragraphs will be sent to the protective Power to the direction previously indicated by this one to the Power stopper.
In the first place the witness who says does not have lawyer the witness, Walid Hayali, lawyer and member of the Union of Iraqian Lawyers. Secondly that the Organization of United Nations has not received as Protective Power the Communication of Sentence as it express Article 107 of the Agreement of Prisoners military. Thirdly which he is Public and Well-known, that by Bombardeo of the United States, causing Deaths, equal sentence of capital punishment by hanging has not existed to those who INNOCENTS killed, as she establishes article 100.
By the exposed thing I solicit: 1. - It is had to me by presented/displayed, in the invoked character. 2. - The remission of all the files added to the cause opened is required to the Court by for the investigation of the truth of the denounced facts. 3. - Place to the truth becomes, and the Court of There is it, for being it leaves from the Protective Power of the human rights, family mother requests the Immediate prohibition of the the four hanging of, of fulfillment to the Knowledge of the Formal collections so that they have right to his defense, and that can prove their Innocence, and that Stone versus Fulfills itself the jurisprudence of the Supreme Court of the U.S.A. (“. Powel, 428 U.S. 485, 1978), considering that the penal procedure has exceptional relevance and always must be had the charge of the public interest that demands “the determination of the truth in the judgment, since that is not but the average one to reach the high values but: the truth and justice”. The violation of an international obligation, makes arise from the responsible State, the obligation to repair to the caused damage (Court the International of Justice, case “Barcelona Traction” ICJ Reports, 1970), but when it is crimes of lesa humanity, the obligation of the State is ampler. The concept of integral repair would require to return to “statu quo before”, which in most of the cases would not be possible, but cannot consider the repair integral if it does not include the investigation and revelation of the facts and a effort to punish penal to those who is responsible. Being the right to the truth a part of amplest right to justice, is possible to indicate that the obligations that have the States as a result of these crimes are diverse: A) obligation to investigate and to present the cause that can be established fehacientemente (truth); B) obligation to process and to punish the people in charge (justice); C) obligation to repair the moral and material damages integrally caused (repair) and D) obligation to extirpate of the security bodies to those who it is known have committed, ordered or tolerated these facts (creation of forces of security of a democratic state). These obligations are not alternative nor are optative, the responsible State must fulfill each one of them, and although they are interdependent, each obligation admits a separated fulfillment. It is not allowed that the State chooses which of those obligations will have to fulfill, but - by hypothesis one of them it became of impossible fulfillment, the other three follow use in the heat of. Finally, It is fulfilled the Agreement of prisoners military, that requests becomes all the possible one, to avoid Condenas until death, and more in the case of these Mothers of Family. To provide with conformity. SERA JUSTICE.