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Iraq's Attorneys Practicing in a State of Fear
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In the courtroom itself, things have remained in disarray since the rampant looting of government buildings in 2003 after the fall of Baghdad to U.S. forces.
"There is no infrastructure for the courts," Bassiouni said. "You go to the courts, you hardly find desks and tables, let alone the infrastructure that is necessary for the court to work. For example, where do you store files? Where do you retrieve files? Where is the evidence kept? There are no bailiffs."
Even if a fair trial takes place, the judgment may not be applied.
"There are lots of verdicts that are not applied because of threats," Anabaki said. "We got a decision to evict someone from his house, but we are afraid to evict him. He said, 'If you evict me, then you'll see what I can do.' "
In Iraq, threats like that have to be taken seriously, especially in cases of terrorism and murder. Two lawyers on Hussein's defense team have been killed, and that is only the most high-profile case in a country afflicted by unchecked violence.
Abou El Fadl said he had spoken to Iraqi lawyers on trips overseas and received a dismal picture.
"The overriding sense I got was fear from everything," he said. "I can't imagine you living under the kinds of threats these guys live under. Whichever side you pick, whichever side you represent, you could end up being killed or in a garbage dump or something. Law needs order and stability to work. That's what the rule of law is all about."
Jubouri said the situation was taking a steady toll. The best lawyers had already left the country or sought other jobs, fearing for their lives. Some of the new judges were beholden to political parties or did not have the minimum 15 years' training that was once required. And newly trained lawyers were not honest, he warned -- "People need money, so they'll do anything."
It was enough to make Jubouri cautious about revealing his profession.
"I'm not proud," he said. "When I introduce myself, I don't say I'm a lawyer."




