Iraq to gain legal custody of Saddam

BAGHDAD, Iraq – The United States will transfer legal custody of Saddam Hussein and other top prisoners to Iraqi authorities as soon as Iraqi courts issue the necessary warrants, a U.S. official said Tuesday.

But U.S. forces won’t let go of the former dictator, even after Iraq regains its sovereignty next week, because it doesn’t have a prison strong enough to hold him, the official said, speaking on condition of anonymity.

U.S. forces will honor transfer-of-custody requests from Iraq’s incoming government, which takes power June 30, as long as they are accompanied by arrest warrants from an Iraqi court, the official said in a legal briefing with reporters.

Details of the transfer will be laid out in a memorandum of understanding between U.S.-led multinational forces and the incoming Iraqi government, he said.

American forces need to keep Saddam and other top figures from his regime in coalition lockups for their own safety – and to secure them against escape or other mishaps, the official said.

Saddam, who is said to be incarcerated at a U.S. prison near Baghdad International Airport, will be in the first group of prisoners turned over, he said.

Once his legal custody shifts, Saddam will lose his prisoner of war status and will be considered an accused criminal. As such, he will win due process rights, including access to an attorney.

He also will be subject to questioning by an investigating judge from the special Iraqi war-crimes tribunal set up to try him and others for crimes against humanity committed during his brutal reign, the official said.

“We will maintain physical custody and control and look after their safety and security and well-being, and make sure they are treated in accordance with applicable Iraqi law,” the U.S. official said. “And we will grant access as appropriate and as required.”

U.S. troops captured Saddam in December near his hometown of Tikrit.