Al-Majid (aka ‘Chemical Ali’) should not be executed Commentary
Al-Majid (aka ‘Chemical Ali’) should not be executed
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Giovanni Di Stefano [lawyer for Ali Hassan al-Majid, dubbed "Chemical Ali", Studio Legale Internazionale, Rome]: "On the 4th of September, 2007 the Iraqi High Tribunal Appeal Section refused the appeal of Al Majid et al, effectively condemning the indictees to death. On the 9th of September, 2007 I duly filed applications with President Talabani to commute the sentences of Ali Hassan al-Majid, Sultan Hashim Ahmed Hussein and Rashid al-Tikriti.

In order to ensure that President Talabani was properly served and on a timely basis I requested the Italian Government to deliver the application to the Iraqi Ambassador in Rome. Service was thus deemed effective on the 10th of September 2007.

Under Iraqi Law no executions can take place during the period of Ramadan. Under Iraqi Law, notwithstanding the contestations on the per se interpretation of Iraqi Jurisprudence, executions 'must' take place 'within 30 days of the Appeal Court decision if rejected.'

It is inconceivable that executions take place during Ramadan. Ramadan commenced on Friday, September 13th, 2007 and will end on the 12th of October, 2007. The period of 30 days upon which Ali Hassan al-Majid, Sultan Hashim Ahmed and Hussein Rashid al-Tikriti lawfully expected execution concludes on the 3rd October 2007. Ramadan ending on the 12th of October, 2007, the statutory period upon which Ali Hassan al-Majid, Sultan Hashim Ahmed and Hussein Rashid al-Tikriti could be executed is caught during Ramadan where Iraqi Law precludes if not mandates a stay on executions. Since the time period has by passage of time expired and no executions can lawfully occur it follows that de facto if not de jure the death sentences imposed upon Ali Hassan al-Majid, Sultan Hashim Ahmed and Hussein Rashid al-Tikriti are automatically converted to life imprisonment without any intervention from President Talabani."

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