| Iraq brings back death penalty Original Source Link: (May no longer be active) http://news.independent.co.uk/world/middle_east/story.jsp?story=549339http://news.independent.co.uk/world/middle_east/story.jsp?story=549339
Iraq brings back death penalty as Allawi calls on militants to disarm By Donald Macintyre in Baghdad 09 August 2004
Iraq's United States-backed interim government yesterday reinstated the death penalty - suspended since the fall of Saddam Hussein - as Iyad Allawi, the Prime Minister, visited Najaf amid heavy security and called on Shia insurgents in the city to lay down their arms.
The reimposition of the death penalty for capital crimes, including murder and kidnapping, was announced a day after Mr Allawi's government unveiled an amnesty for lesser crimes in the hope of containing an insurgency which last week spread once again to gunmen loyal to the radical Shia cleric Muqtada Sadr.
Ministers said the death penalty would last until security stabilised. It is intended to apply immediately, but it remained unclear last night whether it could be imposed retrospectively or apply to Saddam Hussein at the end of his trial.
Protected by a 100-strong contingent of American and Iraqi troops, police and foreign security contractors, Mr Allawi declared on his hour-long visit to the volatile Shia holy city that "those armed should leave the holy sites ... as well as leave their weapons and abide by the law." Within hearing distance of gunfire and explosions from continuing engagements between police and gunmen, Mr Allawi and two of his ministers met Adnan al-Zurufi, the Governor of Najaf, who on Friday set a still-unfulfilled 24 hour deadline for the insurgents to withdraw. Although there were no detailed casualty figures, Iraqi government officials said more than 40 Iraqis were killed in overnight fighting in Najaf and the mainly Shia Baghdad suburb of Sadr City.
Members of Sadr's Mehdi Army, which was in control of the compound surrounding the sacred Shrine of Imam Ali, carried automatic rifles and rocket-propelled launchers as they searched cars at improvised checkpoints in the old city.
Mr Allawi said in Najaf that there were no plans to arrest Sadr but insisted there would be no negotiations until the militia laid down their arms. He added: "There are some elements who have broken the law and hurt this city. The situation will be defused soon." An Iraqi National Guard Officer, Lt Aqil Khalil, said yesterday that national guard troops had on Saturday chased Sadr militiamen to the cleric's house after a police patrol had come under fire. The troops had arrested the gunmen at the house but Sadr had not been there.
After Mr Allwai's visit, two US helicopter gunships attacked Shia militia positions close to Najaf's ancient cemetery where Mehdi Army militants have been hiding. And the television station al-Arabiya said one of its editors, Mou'yad Mousa, had been slightly wounded in yesterday's fighting.
In Sadr City, three US soldiers were reportedly wounded and an American observation helicopter made an emergency landing near the suburb after coming under fire, but without injuries to the crew. Jubilant armed men brandished the helmet of one of the crew. And there were at least six explosions in central Baghdad last night, including one which wounded at least three people close to the Baghdad Hotel, which is used by foreigners.
In Amarah, 110 miles south-east of Baghdad, which has been the scene of frequent clashes between insurgents and British troops, the Health Ministry said that four Iraqis had been killed in fighting between police and militants. And in Basra, police said that two insurgents had been killed in a battle with Danish troops in the southern town of Qurnah.
The restoration of the death penalty was announced yesterday by Adnan al-Janabi, a Minister of State, and Bakhtiar Amin, the Human Rights Minister, hitherto an opponent of the death penalty. Mr Amin said: "This is the most difficult day of my life." While the new list of capital offences will include drug-running, Mr Amin said it would be applied only in "exceptional cases".
Mr Janabi said the death penalty would remain in force until security was deemed more stable. "The law is to protect the Iraqi people in the face of ... indiscriminate murder. I think it may help," he said.
The Allawi government's 30-day ban on the Arab satellite television network al-Jazeera was criticised yesterday by Adnan Pachachi, the former member of the Iraqi Governing Council who in June turned down the interim presidency. In an interview with The Independent, Dr Pachachi recognised concern about the network transmitting film of hostage takers, but he added: "As a matter of principle I don't think we should try to intimidate or punish any news media."
Dr Pachachi also said he was "very upset" by the death toll in Najaf - estimated by US Marine officers on Friday at a contested and uncorroborated figure of 300 insurgents - and welcomed an offer by Kofi Annan, the UN secretary general, of mediation.
• Iraq has issued an arrest warrant for Ahmed Chalabi, a former governing council member, on money laundering charges and another for Salem Chalabi, the head of Iraq's special tribunal, on murder charges.
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