The death penalty cannot be carried out on official holidays and special festivals connected with the religion of the condemned person.Sunnis and Shiites disagree on the date for the celebration of Eid al-Adha. Saddam's execution-- at dawn on Saturday-- was hurried to avoid the Shiite celebration of Eid al-Adha that began Saturday evening (see prior posting). However the Sunni celebration had already begun on Friday at sundown. Saddam was Sunni, so it would appear that Section 290 would preclude his execution on the Sunni dates of the Eid. That is what Rizgar Mohammed Amin, the Kurdish judge who originally presided over Saddam's trial thinks. (International Herald Tribune, Jan. 1).He was removed during the trial when Shiites claimed he was too lenient.
All of this makes very important the remark of Munir Haddad, a judge on the Iraqi High Tribunal who represented the Tribunal at the execution. He was quoted by the International Herald Tribune on Friday as saying: "The official Id in Iraq is Sunday... Saddam is not Sunni. And he is not Shiite. He is not Muslim." It is not clear whether Haddad claims to have any legal basis for this assertion, though during Saddam's rule Shiites objected strongly to the secular policies of Saddam's Sunni-backed Ba'athist government.
At any rate, the timing of Saddam's execution, coupled with executioners' remarks as Saddam was being hanged, reinforces the image of Saddam's execution as revenge by Shiites on Sunnis. (Baltimore Sun; Los Angeles Times).
