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| The International Crimes Tribunal has been criticised for failing to adhere to international legal standards, including from the ], ] and ].<ref name=Condemn>, Radio Netherlands Worldwide, 8 February 2012</ref><ref name=Amnesty /><ref name=HRW /><ref name=UN /><ref name=dstar170112 /><ref name=IHTblogs /><ref name=avebury /> Members of the ] have welcomed the effort to seek justice for crimes committed in 1971,<ref name="hail">: EU Parliament member hails Bangladesh's effort, ], 3 February 2012</ref><ref></ref> and also cautioned that they would like to "ensure that the trials reach the highest possible standards." Defense lawyers of Jamaat-e-Islami have condemned the tribunal<ref name=KayHRConference/> and ] has expressed their concerns over the rights of the defense.<ref name=HRW>, ], November 2, 2011.</ref><ref name=RNW>, Radio Netherlands Worldwide, August 17, 2011.</ref> On 14 November 2011, the tribunal ordered its registrar to notify the ] in London for necessary action to be taken against three of the defense lawyers.<ref>, BDNEWS24, 14 November 2011</ref> | The International Crimes Tribunal has been criticised for failing to adhere to international legal standards, including from the ], ] and ].<ref name=Condemn>, Radio Netherlands Worldwide, 8 February 2012</ref><ref name=Amnesty /><ref name=HRW /><ref name=UN /><ref name=dstar170112 /><ref name=IHTblogs /><ref name=avebury /> Members of the ] have welcomed the effort to seek justice for crimes committed in 1971,<ref name="hail">: EU Parliament member hails Bangladesh's effort, ], 3 February 2012</ref><ref></ref> and also cautioned that they would like to "ensure that the trials reach the highest possible standards." Defense lawyers of Jamaat-e-Islami have condemned the tribunal<ref name=KayHRConference/> and ] has expressed their concerns over the rights of the defense.<ref name=HRW>, ], November 2, 2011.</ref><ref name=RNW>, Radio Netherlands Worldwide, August 17, 2011.</ref> On 14 November 2011, the tribunal ordered its registrar to notify the ] in London for necessary action to be taken against three of the defense lawyers.<ref>, BDNEWS24, 14 November 2011</ref> | ||
| Representatives of the Bangladeshi government dismissed criticisms against the tribunal as being propaganda in disguise, spread by the lobbyists and activists of the political party Jamaat-e-Islami, which has hired a US firm to lobby for them.<ref>http://newagebd.com/newspaper1/archive_details.php?date=2011-10-29&nid=38649</ref><ref>http://www1.bssnews.net/newsDetails.php?cat=0&id=282825$date=2012-09-29&dateCurrent=2012-10-08</ref> | Representatives of the Bangladeshi government dismissed criticisms against the tribunal as being propaganda in disguise, spread by the lobbyists and activists of the political party Jamaat-e-Islami, which has hired a US firm to lobby for them.<ref>http://newagebd.com/newspaper1/archive_details.php?date=2011-10-29&nid=38649</ref><ref>http://www1.bssnews.net/newsDetails.php?cat=0&id=282825$date=2012-09-29&dateCurrent=2012-10-08</ref> | ||
| On 6th December 2012, ] was accused by the ICT of hacking the then tribunal chairman and presiding judge, ]'s computer and obtaining copies of recorded conversations and email communication with ], a Bangladeshi lawyer in ].<ref name=ICTleaks1>, ], December 9, 2012.</ref><ref name=ICTleaks2>, ], December 9, 2012.</ref> The ensuing scandal has resulted in calls for the Nizamul Huq's recusal by the Supreme Court Bar Association and the Bangladesh Bar Council.<ref name=Quit>, ], January 12, 2012]</ref> | |||
| The Economist subsequently published an analysis of the leaked conversations and the reasons for the resignation of Nizamul Huq.<ref name=EconomistMain>, ], December 15, 2012.</ref> The Economist deemed the use of confidential e-mails and conversations justified because of serious public interest. What can be deduced from the conversations, according to the Economist, is that Ahmed Ziauddin was simultaneously in contact with the judge and the prosecution; he exercised significant influence over the court, to the extent that he appears to have been recommending the dismissal of another judge for being "too inclined to the international standard"; he was helping the prosecution frame their arguments (notably in the ] case); he was drafting documents for judge Nizamul Huq, despite the fact that judge Nizamul Huq denied that Mr Ziauddin had any role in the tribunal. The conversations also indicate that the government of Bangladesh was exerting pressure on judge Nizamul Huq to secure a verdict before December 16th, the anniversary of the surrender | |||
| of Pakistani forces in the ]. | |||
| The leaked conversations also indicate that Ziauddin and Nizamul Huq were drafting a conviction in the ] case as early as October 2012, at which time the defence had not | |||
| yet finished presenting their arguments. | |||
| ==Formation of the Tribunal== | ==Formation of the Tribunal== | ||
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The International Crimes Tribunal (ICT) is a controversial ongoing tribunal in Bangladesh that is trying ten leaders of the political opposition on charges of war crimes committed during the Bangladesh Liberation War of 1971. Bangladesh government figures estimate that more than three million people were killed and between 200,000 and 400,000 women were raped, although independent researchers have the death toll at between 300,000 and 500,000. It is estimated that up to 10 million refuges fled to India and that a further 30 million were displaced. After their victory in the 2008 election the Awami League formed the ICT on 25 March 2010 by amending some aspects of the International Crimes (Tribunals) Act 1973 of Bangladesh.
The International Crimes Tribunal has been criticised for failing to adhere to international legal standards, including from the United Nations, Human Rights Watch and Amnesty International. Members of the European Parliament have welcomed the effort to seek justice for crimes committed in 1971, and also cautioned that they would like to "ensure that the trials reach the highest possible standards." Defense lawyers of Jamaat-e-Islami have condemned the tribunal and Human Rights Watch has expressed their concerns over the rights of the defense. On 14 November 2011, the tribunal ordered its registrar to notify the Bar Standards Board in London for necessary action to be taken against three of the defense lawyers. Representatives of the Bangladeshi government dismissed criticisms against the tribunal as being propaganda in disguise, spread by the lobbyists and activists of the political party Jamaat-e-Islami, which has hired a US firm to lobby for them.
Formation of the Tribunal
The tribunal was formed in March 2010 to hold trial of those accused of their involvement in crimes against humanity, including genocide, rape, murder and arson during the 1971 Liberation war. Earlier, on July 30, 2009, the Minister of Law, Justice and Parliamentary Affairs of Bangladesh stated that no Pakistanis would be tried under the International Crimes (Tribunals) Act 1973. This decision has drawn criticism from international jurists, as it effectively gives immunity to the army commanders of the Pakistan Army who are generally considered to be ultimately responsible for the majority of crimes of 1971.
Arrested accused in war crimes trial
With the arrest of former Jamaat-e-Islami party Chief Golam Azam, the number of arrested stood at 7. Other six of the accused are in jail. They are Bangladesh Jamaat-e-Islami chief Motiur Rahman Nizami, Secretary General Ali Ahsan Muhammad Mujahid, Nayeb-e-Ameer Delwar Hossain Sayeedi, Kamaruzzaman, Qader Mollah and BNP leader Salahuddin Quader Chowdhury. Another BNP leader Abdul Aleem is out on bail for his illness. All suspects deny the charges.
Formation of the tribunal
Bangladesh Government announced names of members of judge's panel, investigation agency and prosecutor panel of the tribunal on March 25, 2010.
Judge’s panel of the tribunal: Justice Mohammed Nizamul Huq was named as the chair of the 3-member judge’s panel of the tribunal. Justice ATM Fazle Kabir and retired District Judge A K M Zahir Ahmed are other members of the panel. Judge Nizamul Huq Nasim has been identified as a lawyer who wrote a report in 1994 accusing the current suspects of the ICT of war crimes, casting doubts over the impartiality of the trials. This report forms a key part of the prosecution evidence.
Investigation agency of the tribunal: Former Additional Secretary Abdul Motin was made chief of the investigation agency of the tribunal. The other investigation officers are: Former Additional IGP Abdur Rahim, DIG Kutubur Rahman, Retired Army Major Shamsul Arefin, Additional DIG of CID Mir Shahidul Islam, CID Inspector Nurul Islam and CID Inspector Abdur Razzak.
Members of prosecutor panel of the tribunal: Senior lawyer Golam Arif Tipu has been made chief prosecutor of the tribunal. The others are: Syed Rezaur Rahman, Golam Hasnain, Zahir Ahmed, Rana Dasgupta, Jeyad Al-Malum, Syed Haidar Ali, Khondokar Abdul Mannan, Mosharraf Hossain Kajol, Nurul Islam Sujon, Sanjida Khanam and Sultan Mahmud Sumon.
Criticism of the Tribunal
The ICT has been criticised by Human Rights Watch, Amnesty International, and the International Bar Association.
Veteran International criminal lawyer Steven Kay QC, whose counsel has been sought by the Jamaat defence, has drawn attention to the International Crimes Tribunal Act 2009 which is an amendment of The International Crimes Tribunals Act of 1973. He criticised the acts for withdrawing constitutional rights from Bangladeshis who had not been convicted of any crime, but rather were only suspected of crimes. He also highlighted that constitutional amendements of 1973 mean that the tribunal has no technical rules of evidence at all, admitting "any evidence which it deems to have a probative value".
The International Criminal Law Bureau has also identified the chairman of the Tribunal, Judge Nizamul Hoque Nasim, as a lawyer who authored a report in 1994 accusing the current ICT suspects of war crimes, casting doubts over the impartiality of the trials. The report forms a key part of the prosecution evidence. The Bureau stated that "The Chairman of the Bangladesh ICT has a visible and apparent interest and bias in these proceedings, of such a substantial nature he should be disqualified".
British House of Lords peer Lord Avebury outlined 20 matters of concern regarding the Tribunal, including the refusal to allow foreign counsel to appear before the Tribunal; a complete disregard for complying with domestic and international law; the targeting of only members of the opposition parties; and censorship of the media.
Laurel Fletcher, clinical professor of Law at the University of California, Berkeley said, "such trials run the risk of turning into political show trials, where laws are bent to produce predetermined results".
UN Detention Ruling
In November 2011, the United Nations Working Group on Arbitrary Detention adopted an opinion stating that the detention of Motiur Rahman Nizami, Abdul Quader Molla, Mohammad Kamaruzzaman, Ali Hasan Mohammad Mujahid, Delawar Hossain Sayedee and Salahuddin Quader Chowdhury fall in the category of arbitrary detention, in violation of the International Covenant on Civil and Political Rights, of which Bangladesh is a signatory. It stated that “The Working Group considers that holding individuals in pretrial detention in the absence of any reasoned and adequate explanation is unnecessary and disproportional to the aim sought.”
Leaks from the Tribunal Chair
On 6 December 2012, the tribunal chairman passed an order against The Economist magazine claiming that his computer had been hacked and that offenses have been committed by the magazine's editors. The Economist responded on 8 December with a short article claiming to have in their possession 17 hours of recorded telephone conversations and 230 e-mails exchanged between the tribunal chairman, Mohammed Nizamul Huq, and Ahmed Ziauddin, a lawyer of Bangladeshi origins based in Belgium.
According to The Economist, "On 6th December 2012 the presiding judge of Bangladesh’s International Crimes Tribunal, Mohammed Nizamul Huq, passed an order requiring two members of The Economist to appear before the court, demanding that they explain how we have come by e-mails and conversations between himself and Ahmed Ziauddin a lawyer of Bangladeshi origins based in Belgium." Since then, the judge along with the controversy has gained international attention.
See also
- Bangladesh Liberation War
- Ghulam Azam
- Rape during the Bangladesh Liberation War
- 1971 Bangladesh atrocities
References
- Bangladesh crimes tribunal accuses The Economist magazine of hacking judge’s computer Washington Post, 9 December 2012]
- Riedel, Bruce O. (2011). Deadly embrace: Pakistan, America, and the future of the global jihad. Brookings Institution. p. 10. ISBN 978-0-8157-0557-4.
- http://jurist.org/paperchase/2010/03/bangladesh-establishes-tribunal-for.php
- Totten, Samuel. Dictionary of Genocide: A-L. Volume 1: Greenwood. p. 34. ISBN 978-0-313-32967-8.
{{cite book}}: Unknown parameter|coauthors=ignored (|author=suggested) (help)CS1 maint: location (link) - Bangladesh indicts opposition leader Aljazeera English, 13 May 2012]
- Lewis, David (31). Bangladesh: Politics, Economy and Civil Society. Cambridge University Press. p. 97. ISBN 978-0521886123.
{{cite book}}: Check date values in:|date=and|year=/|date=mismatch (help); Unknown parameter|month=ignored (help) - "Justice and Parliamentary Affairs issued S.R.O No. 87-AvBb/2010-wePvi-4/5wm-2/2010/506". http://www.bgpress.gov.bd. Retrieved 2010-09-19.
{{cite web}}: External link in|work= - "Law amended for war crime trials". The Daily Star. Dhaka, Bangladesh. Retrieved 2010-09-19.
- ^ Banged up in Bangladesh, Radio Netherlands Worldwide, 8 February 2012
- ^ Section on ICT from Amnesty International Annual Report 2011, Amnesty International.
- ^ Bangladesh must stop harassing defense lawyers of the war crimes tribunal, Human Rights Watch, November 2, 2011.
- ^ Opinion No. 66/2011 (Bangladesh), United Nations Working Group on Arbitrary Detention
- ^ Int'l Crimes Tribunal fair, The Daily Star, 17 January 2012
- ^ A War Crimes Court and a Travesty of Justice, The International Herald Tribune, November 29, 2011.
- ^ Lord Avebury confronts Law Minister Over Bangladesh War Crimes Tribunal International Criminal Law Bureau, Steven Kay QC, 28 July 2011
- Vote of trust for war trial: EU Parliament member hails Bangladesh's effort, The Daily Star, 3 February 2012
- Text of ICT Prosecutor’s Speech before South Asian Committee of EU Parliament
- ^ Bangladesh its Constitution & the International Crimes (Tribunals) (Amendment) Act 2009, Steven Kay QC, 13 October 2010.
- ^ Obstructing International Defence, Radio Netherlands Worldwide, August 17, 2011.
- 3 UK lawyers face Bangladesh court ire, BDNEWS24, 14 November 2011
- http://newagebd.com/newspaper1/archive_details.php?date=2011-10-29&nid=38649
- http://www1.bssnews.net/newsDetails.php?cat=0&id=282825$date=2012-09-29&dateCurrent=2012-10-08
- Suzannah Linton, 'Completing the circle: accountability for the crimes of the 1971 Bangladesh war of liberation', Criminal Law Forum (2010) 21:191-311, p. 228.
- S. Linton, Criminal Law Forum (2010), p. 228.
- http://www.thedailystar.net/newDesign/latest_news.php?nid=33817
- http://www.dailyjanakantha.com/news_view.php?nc=15&dd=2010-03-30&ni=13081
- ^ http://www.snnbd.com/mnews-n.php?id=16513&cid=0.23
- ^ First Bangladesh War Crimes Trial – The Judge who is part of the evidence, International Criminal Law Bureau, 21 November 2011.
- http://www.unbconnect.com/component/news/task-show/id-17173
- The International Crimes (Tribunals) Act 1973 19. (1) A Tribunal shall not be bound by technical rules of evidence; and it shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and may admit any evidence, including reports and photographs published in newspapers, periodicals and magazines, films and tape-recordings and other materials as may be tendered before it, which it deems to have probative value.
- Discrepancy in Bangladesh, The Economist, 8th Dec 2012
- Discrepancy in Dhaka, The Economist, December 8, 2012.
- Cite error: The named reference
ICTleaks1was invoked but never defined (see the help page). - Cite error: The named reference
ICTleaks2was invoked but never defined (see the help page). - Bangladeshi war crimes tribunal issues notice to The Economist, The Indian Express, December 6, 2012.
- Tribunal chief's net talks, mail hacked, The Daily Star, December 7, 2012.