I'm no legal expert so someone help me out here...

I realize we're in America and I'm speaking of something taking place in Iraq, and who knows what laws they're holding to or not, but is a defendant allowed to be absent from a trial just because he thinks it's unfair? Because Saddam is doing just that. Now, this guy is supposed to be OUT of power, right? Slap him in the cuffs and drag his butt to court!