Strasbourge 26 June 2006: Tariq Aziz has filed an application to the European Court of Human Rights under emergency procedures known as Rule 39 which permits the Court to examine cases on an emergency basis. Tariq Aziz's lawyer Giovanni Di Stefano stated: "pursuant to information received on Friday evening 23/06/2006 that it was the intention of the US/UK/ and Italy to hand over physical custody of all detainees to the Iraqi Government I felt it appropriate to move the ECHR to what were already known violations of the Convention and the intention of the Iraqi Government. I expect a decision within 48 hours."
Whilst the legal custody of all detainees has been transferred to the Iraqi Government since 2004 the actual day to day management and security rests with the US/UK and Italy. Since winning the election the Italian Government has made it clear it will pull its troops out of Iraq quickly. For some time the US and UK have wanted to transfer the day to day control of those indicted to the Iraqi Government but has been concerned regarding the security arrangements. Mr Di Stefano said: "since physical custody is about to be transferred to the Iraqi Government of all detainees my concern is that Tariq Aziz will be punished by the Iraqi Government well outside of any judicial process. I have made that clear in the application. Both the United Kingdom and Italy cannot absolve themselves of the responsibility not only for Tariq Aziz but also all those that are currently detained. Tariq Aziz voluntarily surrendered and to date neither I nor his Iraqi lawyer has seen a single piece of paper regarding the motives of his detention. That is not simply not acceptable. The imminent transfer of detainees to the custody of the Iraqi Government places the detainees at serious risk and makes any trial unfair and any verdict unsafe."
The ECHR is expected to rule on the application within days.
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