Advice to take the case to the US courts is contained in a 50-page brief prepared by Clive Stafford Smith, the leading British human rights lawyer, which has been seen by The Sunday Times.

The action is to ensure that Saddam receives the basic legal rights given to those tried in America, such as full access to his defence team and an independent judge and jury.

The leaked brief, entitled “The Iraqi Special Tribunal as Victors’ Justice — the Inherent Illegality and Bias of the whole Process”, argues that US law should prevail in the case because the trial is effectively being taken at the behest of the Americans.

The first hearings against former members of the regime are due to start this week with Saddam’s case expected next year. However, the prospect of lengthy “pre-trial litigation” in America could delay the prosecutions for years.

The brief argues that Saddam will have difficulty obtaining a fair trial as leading members of the Iraqi and American administrations have already publicly called for him to be found guilty and killed — to “validate” the war.

“We want to approach this in as many ways as possible to show that the US was behind the process,” states the brief. “This will help prove the lack of legitimacy of the process, as well as the bias in it.”

It also alleges that the selection of trial judges and juries may be fixed so that only those hostile to the former regime will be chosen.

“The Iraqi tribunal process has been established by the United States and those it has appointed to the interim government,” states the document, which is marked “privileged and confidential”.

“Unfortunately, it has all the hallmarks of a Stalinist show trial.”

Much is also made of Saddam’s lack of access to defence lawyers and the evidence against him. Since his arrest just over a year ago, the former regime leader has met just one lawyer — last week.

Citing recent American Supreme Court hearings, the document details the “litigation that can be brought on behalf of Saddam Hussein in the courts of the United States”.

“The law is relatively simple and has been extensively researched for the motions that we have prepared for the Guantanamo Bay litigation,” it says.

It continues: “Legally, the United States is bound to ensure that Saddam Hussein has counsel since the US has exclusive control over him, and the denial of such access to counsel leaves the US legally liable for the deprivation of his civil rights.”

Stafford Smith has made a career out of representing controversial individuals and causes. Previously based in America, he has campaigned for the rights of prisoners on death row and those in Guantanamo Bay.

He was unavailable for comment yesterday.

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