Abdullah Kadhem Rouaid was indicted on 1 July 2004. His arrest followed on 21 February 2005.
Abdullah Kadhem Rouaid is being tried by the Trial Chamber No. 1 of Court No. 1 in Baghdad’s Green Zone. The subject of the trial is the 1982 massacre of more than 140 Shiites in the village of Dujail near Baghdad.
Trial proceedings started on 19 October 2005.
Abdullah Kadhem Rouaid is accused, together with seven other former officials including ex-president Saddam Hussein, Taha Yassin Ramadan, Barzan Ibrahim Al-Tikriti, Awad Hamed Al-Bandar, Ali Daeem Ali, Mohammed Azzam al-Ali, Mezhar Abdullah Rouaid). All are accused of taking part in the killing of 140 Shiite inhabitants of the village of Dujail, 60 km north of Baghdad, in July 1982. The indictment contains charges of crimes against humanity according to article 12 of the stat-ute of the Iraqi Special Tribunal, issued 10 December 2003.
According to the indictment, the victims were killed in the course of a retaliation campaign following the attack on the president’s motorcade. Furthermore, the indictment states that hundreds of women and children had been held in camps in the desert and that the date plantations, which formed the basis of the local economy and the livelihood of the families living there, were destroyed.
Abdullah Kadhem Rouaid pleaded not guilty.
At the request of the defence, the trial was adjourned until 28 November 2005 to al-low more time for the preparation of its case..
Abdullah Kadhem Rouaid could face the death penalty if convicted.
In the weeks following the first audience, serious security concerns for the defence team of Hussein and the other defendants became apparent. Barely 36 hours after the first hearing, a group of unidentified armed men dragged one of the attorneys from his office in east Baghdad and shot him dead. A few days later, the second law-yer was killed in a drive-by shooting, and a third one, injured in that attack, subsequently fled Iraq for sanctuary in Qatar.
As a consequence, calls were put out for the trial to be held abroad. The defence lawyers, supported by the Iraqi Bar Association, threatened to boycott the trial, until their security concerns were met with specific measures.
Shortly before the trial was about to resume, the defence team announced that it had accepted offers of protection from Iraqi and American officials and would appear in Court on 28 November. The agreement is said to include the same level of protection that is offered to the Iraqi judges and prosecutors, with measures such as armoured cars and teams of bodyguards.
After a brief hearing 28 November 2005,, during which preliminary evidence regard-ing the killings in Dujail was presented, Judge Rizgar Mohammed Amin ordered a one-week adjournment until Dec. 5, to grant the defence teams time to find new counsel after two of their lawyers were killed and another had fled Iraq.
On March 12, 2006, the Prosecutor announced that if Saddam Hussein and his seven co-defendants were sentenced to death in the Dujail case, the sentence would be carried out without waiting for the trial of the other cases for which they had been indicted..
On June 19, 2006, the Prosecutor indeed asked the court, in his closing arguments, that the death penalty be imposed upon Taha Yassine Ramadan, Saddam Hussein and Barzan al-Tikriti.
The trial was adjourned following the closing arguments of the defence on 26 July 2006 .
On 5 November 2006, Abdullah Kadhem Rouaid was sentenced to 15 years in prison.
The appeals chamber upheld this sentence on 26 December 2006.