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'''The International Crimes Tribunal''' (ICT) is an ongoing court case in Bangladesh with the mandate to investigate and bring to trial suspects over the ] which were committed by the ] and their local collaborators, the ], ] and ] during the ].<ref name="Wierda" /> During the ] the ](AL) pledged to try those who had collaborated with Pakistan during the war. And after winning the election began the trials.<ref name="Kibria" /> The ] which had been given the task of examining and finding evidence finalized their report in 2008 and handed a list of around 1600 names to the ICT.<ref name="Rahman" /><ref name="Montero" /> '''The International Crimes Tribunal''' (ICT) is an ongoing court case in Bangladesh with the mandate to investigate and bring to trial suspects over the ] which were committed by the ] and their local collaborators, the ], ] and ] during the ].<ref name="Wierda" /> During the ] the ](AL) pledged to try those who had collaborated with Pakistan during the war. And after winning the election began the trials.<ref name="Kibria" /> The ] which had been given the task of examining and finding evidence finalized their report in 2008 and handed a list of around 1600 names to the ICT.<ref name="Rahman" /><ref name="Montero" /> With the formation of the ICT the ] offered assistance in the formation of the tribunal.<ref name="D'Costa2" />


] Bangladesh Deputy Leader ], the first person to face charges related to the conflict, has been indicted by the tribunal for twenty counts of war crimes, including murder, rape and arson. He has denied all charges.<ref name="Of India" /> Four other members of Jamaat-e-Islami Bangladesh, including ], have also been indicted for war crimes<ref name="AP of Dhaka" /> as have members of ](BNP). While human rights groups<ref name="Adams" /> and various political entities<ref name="Haq" /><ref name="Ullah" /> initially supported the establishment of the tribunal there has been criticism over the progress, transparency and reported harassment of lawyers representing the accused.<ref name="Adams2" /><ref name="Karim" /><ref name="Ghafour" /><ref name="Adams" /> ] Bangladesh Deputy Leader ], the first person to face charges related to the conflict, has been indicted by the tribunal for twenty counts of war crimes, including murder, rape and arson. He has denied all charges.<ref name="Of India" /> Four other members of Jamaat-e-Islami Bangladesh, including ], have also been indicted for war crimes<ref name="AP of Dhaka" /> as have members of ](BNP). While human rights groups<ref name="Adams" /> and various political entities<ref name="Haq" /><ref name="Ullah" /> initially supported the establishment of the tribunal there has been criticism over the progress, transparency and reported harassment of lawyers representing the accused.<ref name="Adams2" /><ref name="Karim" /><ref name="Ghafour" /><ref name="Adams" />
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<ref name="Montero"> <ref name="Montero">
{{cite news|last=Montero|first=David|title=Bangladesh arrests are opening act of war crimes tribunal|url=http://www.csmonitor.com/World/Asia-South-Central/2010/0714/Bangladesh-arrests-are-opening-act-of-war-crimes-tribunal|newspaper=Christian Science Monitor|date=July 14, 2010}} {{cite news|last=Montero|first=David|title=Bangladesh arrests are opening act of war crimes tribunal|url=http://www.csmonitor.com/World/Asia-South-Central/2010/0714/Bangladesh-arrests-are-opening-act-of-war-crimes-tribunal|newspaper=Christian Science Monitor|date=July 14, 2010}}
</ref>

<ref name="D'Costa2">
{{cite book|last=D'Costa|first=Bina|title=Nationbuilding, Gender and War Crimes in South Asia|year=2011|publisher=Routledge|isbn=978-0415565660|page=144|date=1|month=November}}
</ref> </ref>


Revision as of 09:20, 20 January 2013

Old High Court Building (Dhaka) where the tribunal is taking place.

The International Crimes Tribunal (ICT) is an ongoing court case in Bangladesh with the mandate to investigate and bring to trial suspects over the atrocities which were committed by the Pakistan army and their local collaborators, the Razakar's, Al-Badr and Al-Shams during the Bangladesh Liberation War. During the 2008 general election the Awami League(AL) pledged to try those who had collaborated with Pakistan during the war. And after winning the election began the trials. The War Crimes Fact Finding Committee which had been given the task of examining and finding evidence finalized their report in 2008 and handed a list of around 1600 names to the ICT. With the formation of the ICT the United Nations Development Programme offered assistance in the formation of the tribunal.

Jamaat-e-Islami Bangladesh Deputy Leader Delwar Hossain Sayeedi, the first person to face charges related to the conflict, has been indicted by the tribunal for twenty counts of war crimes, including murder, rape and arson. He has denied all charges. Four other members of Jamaat-e-Islami Bangladesh, including Motiur Rahman Nizami, have also been indicted for war crimes as have members of Bangladesh National Party(BNP). While human rights groups and various political entities initially supported the establishment of the tribunal there has been criticism over the progress, transparency and reported harassment of lawyers representing the accused.

In December 2012 the Economist published contents of leaked communications between chief justice Mohammed Nizamul Huq and a lawyer of Bangladeshi origin based in Brussels. According to the Economist the communications indicated a collusion between the judiciary, the prosecution and the Bangladeshi government and that there was significant political pressure put on the judiciary to reach a quick verdict, although Huq resisted it. The resulting controversy resulted in Huq's resignation from his position.

Background

The events of the nine-month conflict are widely viewed as genocide. and during the conflict it is estimated that between two hundred thousand and four hundred thousand. women and children were raped. Estimates of those killed range from between 269 000 to one million and a high of 3 million people deaths and an estimated 10 million refuges entering India with a further 30 million being displaced. Susan Brownmiller, in her report on the atrocities, said that girls from the age of eight to grandmothers of seventy-five suffered attacks.

In 2009 it was announced by Shafique Ahmed that the trials would be held under the International Crimes (Tribunal) Act 1973. This act only allows those within Bangladesh to be prosecuted and did not allow for those who were not a part of the armed forces to be tried. The act was amended in 2009 and the International Crimes Tribunal Rules of Procedure and Evidence were put in place by 2010. Two clauses and an amendment were also made to the 1973 act. Critics maintain that further amendments are needed to bring the act up to the standards of international law.

Formation of the tribunal

The government of Bangladesh announced the names of those who would serve on the judge's panel the investigative agency and the prosecution panel on the 25, March 2010.

The three man judge's panel appointed were Mohammed Nizamul Huq as chairman with A.T.M. Fazle Kabir and A.K.M. Zahir Ahmed being appointed the other seats.

The members appointed to the investigative agency who were tasked with assisting the state prosecutors are. Abdul Matin, Abdur Rahim, Kutubur Rahman, ASM Shamsul Arefin, Mir Shahidul Islam, Nurul Islam and M Abdur Razzak Khan.

Golam Arif Tipu was named as Chief Prosecutor. The others are, Syed Rezaur Rahman, Golam Hasnayen, Rana Das Gupta, Zahirul Huq, Nurul Islam Sujan, Syed Haider Ali, Khandaker Abdul Mannan, Mosharraf Hossain Kajal, Ziad Al-Malum, Sanjida Khanom and Sultan Mahmud Semon.

Reception

Initially Non-governmental organization's(NGO)'s and governmental agencies welcomed the trial. However, human rights advocates are of the opinion that the mass rapes and killings of women may not be addressed. Irene Khan has said of her own government's reaction:

A conservative Muslim society has preferred to throw a veil of negligence and denial on the issue, allowed those who committed or colluded with gender violence to thrive, and left the women victims to struggle in anonymity and shame and without much state or community support.

Human Rights Watch has supported the tribunal, and they have also been critical of reported harassment of lawyers representing the accused. Brad Adams, director of the Asia branch of Human Rights Watch, said:

If the Bangladeshi government wants these trials to be taken seriously it must ensure that the rights of the accused are fully respected. That means making sure that lawyers and witnesses don't face threats or coercion.

Stephen Rapp who is currently the Ambassador-at-Large for War Crimes Issues for the United stated "US government will help Bangladesh hold an open and transparent war crimes trial with the rights of defense for the accused". and Kristine A. Huskey writing for the NGO Crimes of War said Rapp gave a 10-page letter to the prosecution which voiced recommendations and various concerns. However a leaked cable from the US State Department voiced concerns stating "there is little doubt that hard-line elements within the ruling party believe that the time is right to crush Jamaat and other Islamic parties." Bangladeshi opposition political parties have demanded the release of those held claiming the arrests are politically motivated. Shafique Ahmed however has said the trials are not politically motivated claiming "No one is being arrested or tried on religious or political grounds,". Steven Kay who claims to be acting on behalf of Delwar Hossain Sayedee and who was accused by the ICT of violating the British bar's code of conduct has been highly critical of the tribunal, stating "The current system of war crimes trial and its law in Bangladesh does not include international concerns, required to ensure a fair, impartial and transparent trial." Turkish president Abdullah Gül sent a letter asking that clemency be shown to those accused of war crimes. The European Parliament has passed three resolutions supporting the trials and Jean Lambert welcomed the trials and said she expected them to adhere to international standards. Mizanur Rahman of the Bangladeshi National Human Rights Commission has said the trials do adhere to international law as the "national standards are in compliance with international standards".

The United Nations Working Group on Arbitrary Detention has given it's opinion that the arbitrary detention and refusal to grant bail to the accused is in violation of Article 9 of the Universal Declaration of Human Rights and also of Article 9 of the International Covenant on Civil and Political Rights. Shafique Ahmed has said in response "it is not right to think that the accused are being detained without any reason. There are no violations of human rights in the ongoing trial of crimes against humanity, and questions of human rights violation are being raised simply to create confusion."

Controversies

In December 2012 the Economist received e-mails and skype conversations between Huq and Ahmed Ziauddin, a Bengali citizen who resides in Belgium from an unknown source. This lead Huq to issue an order for two reporters from the Economist to appear before the tribunal. The Economist has said "We did not solicit the material, nor pay for it, nor commit ourselves to publish it," The controversy lead to the resignation of Huq from the tribunal. According to the Wall Street Journal the e-mails and skype calls showed that Ziauddin was playing an important part in the proceedings and that considerable pressure was being exerted by the Bangladeshi government to secure a quick verdict. Human rights watch and defence lawyers acting for Ghulam Azam and Delawar Hossain Sayedee have requested a retrial over the controversy. According to Mahbubey Alam the hacking was carried out in an attempt to stop the trial, and that the action was not only illegal but violated the constitutional rights of Mohammed Nizamul Huq. Sheikh Hasina the prime minister of Bangladesh has said the trials will continue regardless of the controversy. Shafique Ahmed has said of the controversy that Huq "sought help on procedural matters from an expert. That's not illegal or uncommon." Amnesty International has been highly critical over the arrest of Mahmudur Rahman who published the stolen files in Amar Desh. The government obtained a court order which accused him of sedition, however Amnesty says that the newspaper stopped publishing the story once the ban effect came into effect on December 13

Shafique Ahmed has accused Jamaat-e-Islami of paying 25 million dollars to lobbyists in the USA and the UK. Mizanur Rahman has said of the lobbying efforts "a lot of money is being spent to engage lobbyists in Washington DC, New York, London and Paris, and they are doing their job."

References

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