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| The International Crimes Tribunal (ICT) is an ongoing ] that purports to investigate and administer justice regarding the war crimes committed during the ] of 1971. It is claimed that around three million people were killed and 200,000 women were raped, although these figure are the subject of considerable dispute.<ref>http://bangladeshwarcrimes.blogspot.com/2011/11/sayedee-indictment-analysis-1971-death.html</ref><ref>http://jurist.org/paperchase/2010/03/bangladesh-establishes-tribunal-for.php</ref><ref name=deathtolls>, Twentieth Century Atlas - Death Tolls.</ref> In addition, millions of people became homeless. Three senior ] leaders were arrested in June 2010.<ref>http://www.unbconnect.com/component/news/task-show/id-24429</ref> On 11 January 2012, former ] of Jamaat-e-Islami, ] was arrested at the age of 89.<ref name=dailystar12jan2012></ref> Azam, who had retired from politics in 2000, and is presently wheel-chair ridden, was denied bail.<ref name=dailystar12jan2012/><ref name="Islamic Voice">, ], December 2006.</ref> All suspects deny all charges leveled against them, declaring them politically motivated.<ref name=Dawnjan2012>, January 12, 2012.</ref><ref name=ibt11jan2012>, January 11, 2012]</ref> | The International Crimes Tribunal (ICT) is an ongoing ] that purports to investigate and administer justice regarding the war crimes committed during the ] of 1971. It is claimed that around three million people were killed and 200,000 women were raped, although these figure are the subject of considerable dispute.<ref>http://bangladeshwarcrimes.blogspot.com/2011/11/sayedee-indictment-analysis-1971-death.html</ref><ref>http://jurist.org/paperchase/2010/03/bangladesh-establishes-tribunal-for.php</ref><ref name=deathtolls>, Twentieth Century Atlas - Death Tolls.</ref> In addition, millions of people became homeless. Three senior ] leaders were arrested in June 2010.<ref>http://www.unbconnect.com/component/news/task-show/id-24429</ref> On 11 January 2012, former ] of Jamaat-e-Islami, ] was arrested at the age of 89.<ref name=dailystar12jan2012></ref> Azam, who had retired from politics in 2000, and is presently wheel-chair ridden, was denied bail.<ref name=dailystar12jan2012/><ref name="Islamic Voice">, ], December 2006.</ref> All suspects deny all charges leveled against them, declaring them politically motivated.<ref name=Dawnjan2012>, January 12, 2012.</ref><ref name=ibt11jan2012>, January 11, 2012]</ref> | ||
| The |
The ] has brought widespread international condemnation including from the ]<ref name=Condemn> , Radio Netherlands Worldwide, 8 February 2012</ref>; and although 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>, they also cautioned that they would like to "ensure that the trials reach the highest possible standards."<ref name=EUP>, January 31, 2012; See video at 4:09.</ref> On the other hand, defense layers of Jamaat-e-Islami have condemned the tribunal<ref name="Steven Kay">, Steven Kay QC, ], October 2011.</ref><ref name=KayHRConference/> and ] has expressed their concerns over the rights of the defense.<ref name=RNW>, Radio Netherlands Worldwide, August 17, 2011.</ref><ref name=HRW>, ], November 2, 2011.</ref>. According to the defense layer of Jamaat leader ], the trial has only targeted figures of the previous government, and present opposition parties.<ref name=ASIL1>, May 19, 2011</ref> Three of the defense layers have been alleged to have violated the British Bar's code of conduct.<ref>, BDNEWS24, 14 November, 2011</ref> | ||
| ==Start of the trial== | ==Start of the trial== | ||
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The International Crimes Tribunal (ICT) is an ongoing tribunal that purports to investigate and administer justice regarding the war crimes committed during the Bangladesh Liberation War of 1971. It is claimed that around three million people were killed and 200,000 women were raped, although these figure are the subject of considerable dispute. In addition, millions of people became homeless. Three senior Jamaat-e-Islami leaders were arrested in June 2010. On 11 January 2012, former Ameer of Jamaat-e-Islami, Ghulam Azam was arrested at the age of 89. Azam, who had retired from politics in 2000, and is presently wheel-chair ridden, was denied bail. All suspects deny all charges leveled against them, declaring them politically motivated.
The International Crimes Tribunal has brought widespread international condemnation including from the United Nations; and although members of the European Parliament have welcomed the effort to seek justice for crimes committed in 1971,, they also cautioned that they would like to "ensure that the trials reach the highest possible standards." On the other hand, defense layers of Jamaat-e-Islami have condemned the tribunal and Human Rights Watch has expressed their concerns over the rights of the defense.. According to the defense layer of Jamaat leader Delwar Hossain Sayeedi, the trial has only targeted figures of the previous government, and present opposition parties. Three of the defense layers have been alleged to have violated the British Bar's code of conduct.
Start of the trial
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.
Arrested accused in war crimes trial
Six of the suspects 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 Nizamul Hoque Nasim was named as the chief of the 3-member judge’s panel of tribunal. Justice ATM Fazle Kabir and retired District Judge A K M Zahir Ahmed are other members of the panel.Judge Nizamul Hoque Nasim has been identified as a lawyer 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.
International Criticism of the Tribunal
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The ICT has garnered widespread international condemnation from a broad array of human rights organisations, public figures, and other bodies, including Human Rights Watch, Amnesty International, and the International Bar Association.
International crime lawyer Steven Kay QC has drawn attention to the International Crimes (Tribunals) (Amendment) Act 2009 which is an amendment of The International Crimes (Tribunals) Act 1973. He criticises these acts for withdrawing constitutional rights from a group of Bangladeshi people who were not convicted but at the most were only suspected of crimes and also highlights 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, has been identified as a lawyer 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. 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".
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.”
See also
References
- http://bangladeshwarcrimes.blogspot.com/2011/11/sayedee-indictment-analysis-1971-death.html
- http://jurist.org/paperchase/2010/03/bangladesh-establishes-tribunal-for.php
- 1971 Liberation War Death Toll Estimates, Twentieth Century Atlas - Death Tolls.
- http://www.unbconnect.com/component/news/task-show/id-24429
- ^ Ghulam Azam lands in jail, The Daily Star, January 12, 2012
- Prof. Ghulam Azam Retires, Islamic Voice, December 2006.
- ^ Jamaat Leader Jailed, January 12, 2012.
- ^ Bangladeshi War Crimes Suspect Denied Bail, Placed in Prison, January 11, 2012]
- Banged up in Bangladesh, Radio Netherlands Worldwide, 8 February 2012
- 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
- EU Parliament Session on ICT, January 31, 2012; See video at 4:09.
- ^ Bangladesh war crimes are "unfair", Steven Kay QC, Al Jazeera English, October 2011.
- ^ 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.
- ^ Bangladesh must stop harassing defense lawyers of the war crimes tribunal, Human Rights Watch, November 2, 2011.
- John Cammegh at the American Society of Internationl Law, Washington DC, May 19, 2011
- 3 UK lawyers face Bangladesh court ire, BDNEWS24, 14 November, 2011
- http://bdoza.wordpress.com/2010/03/27/war-crimes-on-trial-in-bangladesh-2/
- 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
- http://www.snnbd.com/mnews-n.php?id=16513&cid=0.23
- A War Crimes Court and a Travesty of Justice, The International Herald Tribune, November 29, 2011.
- 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.
- Lord Avebury confronts Law Minister Over Bangladesh War Crimes Tribunal International Criminal Law Bureau, Steven Kay QC, 28 July 2011
- Int'l Crimes Tribunal fair, The Daily Star, 17 January 2012
- Opinion No. 66/2011 (Bangladesh), United Nations Working Group on Arbitrary Detention