Ali Daeem Ali was indicted on 1 July 2004.
Ali Daeem Ali was put on trial in Trial Chamber No. 1 of Court No. 1 in Baghdad’s Green Zone. The proceedings were related to the 1982 massacre of more than 140 Shiites in the village of Dujail near Baghdad.
Trial proceedings started on 19 October 2005.
Ali Daeem Ali was accused, together with seven other former officials (ex-president Saddam Hussein,Taha Yassin Ramadan, Barzan Ibrahim Al-Tikriti, Awad Hamed Al-Bandar, Abdullah Kadem Rouaid, Mohammed Azzam al-Ali, Mezhar Abdullah Rouaid 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 contained charges of crimes against humanity according to article 12 of the statute 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 stated that hundreds of women and children had been held in camps in the desert and that date plantations which formed the basis of the local economy and the livelihood of the families living there were destroyed.
Ali Daaem Ali pleaded not guilty. He was liable for the death penalty if convicted.
Following a request by the defence for more time to prepare, the trial was adjourned until 28 November 2005.
In the weeks following the first audience, serious security concerns for the defense team of Hussein and the other accused became apparent. Some 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 lawyer was killed in a drive-by shooting, and a third, injured in that attack, subsequently fled Iraq for sanctuary in Qatar.
As a consequence, calls for the trial to be held abroad were heard. The defence lawyers, supported by the Iraqi Bar Association, imposed a boycott on the trial, until their security concerns were met with specific measures.
A few days before the trial was 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 was said to include the same level of protection that was offered to the Iraqi judges and prosecutors, with measures such as armored cars and teams of bodyguards.
After a short Court session on 28 November 2005, during which some testimony regarding the killings in Dujail was presented, Judge Rizgar Mohammed Amin ordered a one-week adjournment until 5 December , to grant the defence teams time to find new counsel after one of their lawyers had been killed and another had fled Iraq.
On 12 March 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 as soon as possible. Thus, the other cases for which they were indicted would not be heard in court.
On 5 November 2006, Ali Daeem Ali was sentenced to 15 years in prison.
On 26 December 2006, the Appeals chamber upheld this verdict.