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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>, ], January 12, 2012]</ref> Azam, a 90 year old who had retired from politics in 2000 was denied bail on health grounds on numerous occasions, and has frequently been hospitalized while in jail.<ref name=Bail>'', BDINN, 26 November 2012.</ref><ref name=faints>, The Daily Star, 13 December 2011</ref><ref name=bail1>, ], 11 January 2012</ref><ref name=hospital>, ], 19 July 2012</ref><ref name=dailystar12jan2012/><ref name="Islamic Voice">, ], December 2006.</ref> All suspects deny all charges leveled against them, declaring them politically motivated.<ref name=BBC2011>, 3 October 2011.</ref><ref name=Dawnjan2012>, January 12, 2012.</ref><ref name=ibt11jan2012>, January 11, 2012]</ref> 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>, ], January 12, 2012]</ref> Azam, a 90 year old who had retired from politics in 2000 was denied bail on health grounds on numerous occasions, and has frequently been hospitalized while in jail.<ref name=Bail>'', BDINN, 26 November 2012.</ref><ref name=faints>, The Daily Star, 13 December 2011</ref><ref name=bail1>, ], 11 January 2012</ref><ref name=hospital>, ], 19 July 2012</ref><ref name=dailystar12jan2012/><ref name="Islamic Voice">, ], December 2006.</ref> All suspects deny all charges leveled against them, declaring them politically motivated.<ref name=BBC2011>, 3 October 2011.</ref><ref name=Dawnjan2012>, January 12, 2012.</ref><ref name=ibt11jan2012>, January 11, 2012]</ref>


The ] has received widespread international criticism 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><ref name=HRW></ref><ref name=UN></ref><ref name=dstar170112></ref><ref name=IHTblogs></ref><ref name=avebury></ref> The ] has characterized the tribunal as "trying 10 opposition politicians".<ref name=ICTleaks1></ref>. 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=RNW>, Radio Netherlands Worldwide, August 17, 2011.</ref><ref name=HRW>, ], November 2, 2011.</ref> On 14th 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 tribunal alleged that three British lawyers had violated the British bar's code of conduct by requesting that the then tribunal chairman Justice ] recuse himself as the tribunal chief due to his lacking impartiality on the grounds of his being associated with the Ghatak-Dalal Nirmul Committee (Committee to exterminate the Killers and Collaborators) which was set up in an effort to punish war criminals from 1971 including some of the current defendants.<ref name=UNHCR> Immigration and Refugee Board of Canada, Bangladesh: Ghatak Dalal Nirmul Committee; its existence in Dhaka; its structure; whether it is national; its aims and objectives; and how it is viewed by the authorities, 9 October 2001, BGD37790.E, available at: , accessed 11 December 2012.</ref><ref name=GDNC>, accessed 11 December 2012</ref><ref name=pleas>, ], 19 June 2012</ref><ref name=ICT2>, ], 31 May 2012</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><ref name=HRW></ref><ref name=UN></ref><ref name=dstar170112></ref><ref name=IHTblogs></ref><ref name=avebury></ref> The ] has characterized the tribunal as "trying 10 opposition politicians".<ref name=ICTleaks1></ref>. 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=RNW>, Radio Netherlands Worldwide, August 17, 2011.</ref><ref name=HRW>, ], November 2, 2011.</ref> On 14th 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>


These fears of a partial judge were later confirmed as the leaks scandal engulfed the tribunal.<ref name=Youtube></ref> In December 2012, ] was accused by the ICT of hacking the then tribunal chairman and presiding judge, Nizamul Huq's computer and obtaining copies of recorded conversations and email communication with Ahmed Ziauddin, a Bangladeshi lawyer in ].<ref name=ICTleaks1>, ], December 9, 2012.</ref><ref name=ICTleaks2>, ], December 9, 2012.</ref> Many of the recordings have since appeared on Youtube.<ref name=Youtube></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> Nizamul Huq resigned from the chairmanship of the tribunal on 11th December 2012.<ref name=Quit1>, ], December 11, 2012]</ref><ref name=Econ1>, ], December 11, 2012]</ref> In December 2012, ] was accused by the ICT of hacking the tribunal chairman and presiding judge, Nizamul Huq's computer and obtaining copies of recorded conversations and email communication with Ahmed Ziauddin, 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>


==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.

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, a 90 year old who had retired from politics in 2000 was denied bail on health grounds on numerous occasions, and has frequently been hospitalized while in jail. All suspects deny all charges leveled against them, declaring them politically motivated.

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. The Washington Post has characterized the tribunal as "trying 10 opposition politicians".. 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 14th 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.

In December 2012, The Economist was accused by the ICT of hacking the tribunal chairman and presiding judge, Nizamul Huq's computer and obtaining copies of recorded conversations and email communication with Ahmed Ziauddin, a Bangladeshi lawyer in Brussels. The ensuing scandal has resulted in calls for the Nizamul Huq's recusal by the Supreme Court Bar Association and the Bangladesh Bar Council.

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 6th 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 8th 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

References

  1. Bangladesh crimes tribunal accuses The Economist magazine of hacking judge’s computer Washington Post, 9 December 2012]
  2. 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.
  3. http://jurist.org/paperchase/2010/03/bangladesh-establishes-tribunal-for.php
  4. 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)
  5. Bangladesh indicts opposition leader Aljazeera English, 13 May 2012]
  6. 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)
  7. "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= (help)
  8. "Law amended for war crime trials". The Daily Star. Dhaka, Bangladesh. Retrieved 2010-09-19.
  9. http://www.unbconnect.com/component/news/task-show/id-24429
  10. ^ Ghulam Azam lands in jail, The Daily Star, January 12, 2012]
  11. Prof Azam transferred to ‘Prison Cell’ of BSMMU, BDINN, 26 November 2012.
  12. Ghulam faces 52 charges, The Daily Star, 13 December 2011
  13. Ghulam Azam is hospitalised after he loses bail appeal over war crimes, Corbis, 11 January 2012
  14. Ghulam Azam taken to hospital, Bdnews24.com, 19 July 2012
  15. Prof. Ghulam Azam Retires, Islamic Voice, December 2006.
  16. Bangladesh war crimes: First charges filed, 3 October 2011.
  17. ^ Jamaat Leader Jailed, January 12, 2012.
  18. ^ Bangladeshi War Crimes Suspect Denied Bail, Placed in Prison, January 11, 2012]
  19. ^ Banged up in Bangladesh, Radio Netherlands Worldwide, 8 February 2012
  20. ^ Section on ICT from Amnesty International Annual Report 2011, Amnesty International.
  21. ^ Bangladesh must stop harassing defense lawyers of the war crimes tribunal, Human Rights Watch, November 2, 2011.
  22. ^ Opinion No. 66/2011 (Bangladesh), United Nations Working Group on Arbitrary Detention
  23. ^ Int'l Crimes Tribunal fair, The Daily Star, 17 January 2012
  24. ^ A War Crimes Court and a Travesty of Justice, The International Herald Tribune, November 29, 2011.
  25. ^ Lord Avebury confronts Law Minister Over Bangladesh War Crimes Tribunal International Criminal Law Bureau, Steven Kay QC, 28 July 2011
  26. ^ Economist accused of hacking ICT judge's computer, Washington Post, December 9, 2012.
  27. Vote of trust for war trial: EU Parliament member hails Bangladesh's effort, The Daily Star, 3 February, 2012
  28. Text of ICT Prosecutor’s Speech before South Asian Committee of EU Parliament
  29. ^ Bangladesh its Constitution & the International Crimes (Tribunals) (Amendment) Act 2009, Steven Kay QC, 13 October 2010.
  30. ^ Obstructing International Defence, Radio Netherlands Worldwide, August 17, 2011.
  31. 3 UK lawyers face Bangladesh court ire, BDNEWS24, 14 November, 2011
  32. ^ Economist magazine faces contempt in Bangladesh, Huffington Post, December 9, 2012.
  33. Quit war tribunal, The Daily Star, January 12, 2012]
  34. 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.
  35. S. Linton, Criminal Law Forum (2010), p. 228.
  36. http://www.thedailystar.net/newDesign/latest_news.php?nid=33817
  37. http://www.dailyjanakantha.com/news_view.php?nc=15&dd=2010-03-30&ni=13081
  38. http://www.snnbd.com/mnews-n.php?id=16513&cid=0.23
  39. ^ First Bangladesh War Crimes Trial – The Judge who is part of the evidence, International Criminal Law Bureau, 21 November 2011.
  40. http://www.unbconnect.com/component/news/task-show/id-17173
  41. http://www.snnbd.com/mnews-n.php?id=16513&cid=0.23
  42. 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.
  43. Discrepancy in Bangladesh, The Economist, 8th Dec 2012
  44. Discrepancy in Dhaka, The Economist, December 8, 2012.
  45. Bangladeshi war crimes tribunal issues notice to The Economist, The Indian Express, December 6, 2012.
  46. Tribunal chief's net talks, mail hacked, The Daily Star, December 7, 2012.
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