Law and politics stand between Saddam and gallows

BAGHDAD, Nov 6 (Reuters) Saddam Hussein's death sentence is not the end of the legal process and political obstacles may also keep him from the gallows for some time.

US officials working with the US-sponsored Iraqi High Tribunal also describe it as ''premature'' to disclose exactly how Saddam's appointment with the hangman might take place.

As with much in this new court, officials gave conflicting views of whether a 30-day period for defence and prosecution to lodge submissions with the appeal chamber began today, right after yesterday's verdict was delivered by the First Trial Chamber.

Some court officials said the clock will only start ticking once the five judges issue the written reasoning later this week for why they unanimously found Saddam guilty of crimes against humanity for ordering hundreds of Shi'ites killed or tortured.

The nine judges of the Appellate Chamber then closet themselves to go through the thousands of pages of evidence, which could take months. Iraqi appeals judges do not generally hear witnesses or hold hearings.

The appeal court can overturn the verdict and change the sentence, such as commuting it to life imprisonment.

As with any court, its actions are hard to predict. Some international jurists have criticised the quality of the casework and other aspects of the trial. But Saddam's lead attorney has already said he expects to lose the appeal.

Politics could also play a role, despite insistence by Iraqi leaders and US President George W Bush, whose administration set up the tribunal, that the court is independent.

The Shi'ite-led government has sacked the chief judge in Saddam's second trial, for genocide against the Kurds, and other judges have complained of feeling pressure. Shi'ite Prime Minister Nuri al-Maliki has said Saddam should be executed soon.

US officials, including Bush's spokesman, were forced to deny US political interference when the verdict was announced two days before US congressional elections where Bush's Republicans are under pressure over setbacks in Iraq.

One observer of the court, who said American lawyers remain closely involved behind the scenes, cited sources inside the Tribunal saying an appeal ruling could be timed for some point next year to coincide with the end of the genocide trial so Kurds too would feel their grievances had been heard.

BARGAINING? Among other political considerations are possibly violent reactions to any execution among Saddam's fellow Sunni Arabs, many of whom have rebelled against Shi'ite majority rule.

A defence lawyer involved with the Tribunal said he believed the government and the United States may hold out clemency for Saddam as a bargaining counter in talks with Sunni insurgents.

But it is far from clear Saddam's life counts enough with his Sunni allies for it to feature in negotiations. And sparing him would cause a backlash among Shi'ites and Kurds.

If the appeal upholds the verdict and sentence, the sentence must be carried out within 30 days.

However, lawyers note two ambiguities -- one, whether the 30 days begin when the appeals court rules or when Iraq's three-man Presidency Council signs the death warrant and, two, whether the president and two vice presidents can stop the hanging.

As to when the 30-day clock starts ticking, ''you can argue it either way'', a court official said. There is no time limit for the Presidency Council to sign a warrant.

President Jalal Talabani, a Kurd, has refused to sign past warrants on principle, delegating his powers to Shi'ite Vice President Adel Abdul Mahdi. The party of Sunni Vice President Tareq al-Hashemi criticised the verdict and it is unclear whether he would sign Saddam's death warrant.

However, lawyers note the presidency's power of pardon does not extend to crimes against humanity. Tribunal rules also say the president cannot grant a pardon.

So there is still room for legal argument and delay.

US officials said Saddam, who is guarded by US troops at Baghdad airport, would be handed over to Iraqis for execution, but it is not clear when.

Dozens of Iraqis have been executed at a Baghdad prison since the death penalty was restored a year ago.

After a possible last family visit, prisoners are led to the execution chamber where, in the presence of officials, a cleric and a doctor, they are hanged.

REUTERS AKJ RN2256