'Dutch Chemical Ali' On
Trial For Genocide
Trader accused of supplying
gas used in Halabja attacks
Ian Traynor
Saturday March 19, 2005
The Guardian
The first EU citizen to be accused of involvement in genocide appeared in
court yesterday in the Netherlands in a case that is being closely watched
by war crimes experts and human rights activists.
Under tight security, Frans van Anraat, 62, a Dutch businessman who is
alleged to have helped Saddam Hussein to gas the Kurds of Halabja in 1988,
appeared for a pre-trial hearing in Rotterdam, facing charges of complicity
in genocide and international war crimes.
His request to
be released until the full trial opens in November was rejected by the
court.
Mr Van Anraat, who was arrested at his Amsterdam home last December, has
yet to enter a plea to any of the charges.
Fred Teeven, the prosecutor, told the hearing that Mr Van Anraat was
fully aware that the chemicals he was supplying were being used for chemical
weapons, adducing American, UN and Iraqi information to back up the
allegation, as well as correspondence to and from Mr Van Anraat.
"Van Anraat was conscious of ... the fact that his materials were going
to be used for poison gas attacks," he said. "The damage and grief caused
will not be rapidly, if ever, forgotten. What's more, the dossier contains
very strong indications that the suspect calmly continued with the
deliveries of ingredients after the gas attack on Halabja on March 16 1988."
The defence said that Mr Van Anraat did not know what Iraq intended to do
with the materials he provided, and that he stopped shipments to Iraq after
the Halabja attack.
There was no convincing evidence linking the material he had supplied to
chemical weapons used by Iraq.
The businessman was first detained in Milan in 1989 after a request from
the US, but was released two months later.
He surfaced in Baghdad, which he made his home for 14 years under a new
identity: Faris Mansoor Rashid al-Bazas. After the American-led invasion of
Iraq, the portly bespectacled trader moved again in April 2003.
He took a taxi to the Syrian border, then made his way to the
Netherlands, where he moved into a small terrace house overlooking a canal
in the west of Amsterdam.
Late last year he was about to leave the city when, alerted by telephone
intercepts indicating his travel plans, the Dutch police arrested him.
Dubbed "Holland's Chemical Ali" by the Dutch media, Mr Van Anraat is the
first Dutchman to be charged with international war crimes.
The Van Anraat saga goes back 20 years. The US customs service says he
has been on its 10 list of most wanted suspects internationally for years.
Although the case focuses on dozens of allegedly illegal shipments of
chemical precursors to Iraq via the US, Europe, Japan, and the far east, it
also appears to entail cloak-and-dagger elements and intelligence cover-ups,
aspects which are certain to feature in Mr Van Anraat's defence, and which
could prove embarrassing to the Dutch government.
The main allegations are that between 1984 and 1989 he supplied the
Saddam regime with thousands of tonnes of chemical precursors for mustard
gas and nerve gas.
These gases Saddam then used against Iranians in the Iran-Iraq war and,
most infamously, in "Operation Anfal" in Iraqi Kurdistan between February
and September 1988, gassing, killing and maiming tens of thousands of
civilians, including the 5,000 massacred in Halabja in March that year.
Mr Van Anraat has never denied supplying the chemicals. But he denies
knowing that they were intended for weapons purposes, and says he was
sickened by television footage of the massacre.
"The images of the gas attack on the Kurdish city Halabja were a shock,"
he said in a 2003 interview with a Dutch magazine, Nieuwe Revu.
"But I did not give the order to do that. How many products, such as
bullets do we make in the Netherlands?"
Arnold Karskens, a prominent Dutch journalist who has been tracking Mr
Van Anraat since 1991, said: "He told me it all had nothing to do with the
military industry."
Wim De Bruin, an official in the Dutch prosecutor's offices, said: "We
have a list of 34 shipments of precursors. Not all of them were investigated
by the Americans."
There is also a string of unanswered questions about the conduct of the
Dutch authorities. The Americans dropped their arrest warrant for Mr Van
Anraat in 2000.
"They didn't explain why," Mr De Bruin said.
Fleeing Iraq when the Americans invaded, but without a valid Dutch
passport after 14 years in the Iraqi capital, Mr Van Anraat was given a "laisser
passer", a travel document enabling him to get home. "The Dutch government
helped him to get back here and then refused to look into his case," said
Krista van Velzen, a Socialist MP who has been regularly tabling
parliamentary questions on the case.
It was then disclosed that, despite having been under investigation since
December 2003, Mr Van Anraat was given a new passport last October, and that
the house in Amsterdam in which he was living was, in fact, an interior
ministry safe house.
There are claims that he had collaborated with Dutch intelligence for
years on Iraq's weapons programmes, and that, in return, he was promised
immunity and a safe haven in the Netherlands.
"The justice ministry wanted to prosecute him, but the interior ministry
and the AIVD [intelligence service] wanted to protect him," Ms Van Velzen
said.