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International Crimes Tribunal (Bangladesh) 2 LM (Journal) 2017 (1) International Crimes Tribunal (Bangladesh)

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International Crimes Tribunal (Bangladesh) 2 LM (Journal) 2017 (1) International Crimes Tribunal (Bangladesh) 624 International Crimes Tribunal (Bangladesh) 2 LM (Journal) 2017 (1) International Crimes Tribunal (Bangladesh) indicted as suspects in war crimes. Three leaders of Jamaat were the first tried; each were convicted of several charges of war crimes. The first person convicted was Abul Kalam Azad (Bachchu), tried in absentia as he had left the country; he was sentenced to death in January 2013. The ICT initially received some offers of [Old High Court Building (Dhaka) where the tribunal is taking place] international assistance. In 2009, the UN The International Crimes Tribunal offered its expertise, expressing an interest in (Bangladesh) (ICT of Bangladesh) is a helping Bangladesh avoid the problems other domestic war crimes tribunal in Bangladesh set countries faced in similar trials.[8][9] The EU has up in 2009 to investigate and prosecute passed three resolutions supporting the trials suspects for the genocide committed in 1971 by and Jean Lambert has said "she expected that the Pakistan Army and their local collaborators, the trial would conform to the highest standard Razakars, Al-Badr and Al-Shams during the possible."[10] Bangladesh Liberation War.[1] During the 2008 general election, the Awami League (AL) However, since the beginning of the trials pledged to establish the tribunals in response to several human rights organisations and long-standing calls for trying war criminals. international legal figures have raised [11] The first indictments were issued in 2010. objections to the court proceedings. Human However, the main perpetrators of the war Rights Watch, which initially supported the crimes, the Pakistan soldiers, remained out of establishment of the tribunal, have criticised it the reach of the courts.[2] for issues of fairness and transparency, as well as reported harassment of lawyers and The government set up the tribunal after the witnesses representing the accused.[12][13] Awami League won the general election in Bianca Karim and Tirza Theunissen have December 2008 with a more than two-thirds [3] written that the international community have majority in parliament. The War Crimes Fact voiced concerns that the trial will not be Finding Committee, tasked to investigate and [14] find evidence, completed its report in 2008, transparent or impartial. identifying 1,600 suspects.[4][5] Prior to the Jamaat-e-Islami supporters and their student formation of the ICT, the United Nations wing, Bangladesh Islami Chhatra Shibir, called Development Programme offered assistance in a general strike nationwide on 4 December 2009 on the tribunal's formation.[6] In 2009, the 2012, which erupted in violence. The group parliament amended the 1973 act that demanded the tribunal be scrapped authorized such a tribunal to update it.[7] permanently and their leaders be released [15][16][17] By 2012, nine leaders of Jamaat-e-Islami, the immediately. largest Islamist party in the nation, and two of Annual public opinion polls regularly rank the the Bangladesh Nationalist Party, had been war-crimes trials ranked among the top three THE LAW MESSENGER 2 LM (Journal) 2017 (1) International Crimes Tribunal (Bangladesh) 625 "positive steps that the government has taken", On 22/3/2012 government by official gazette though the issue is not considered among the notification established another tribunal namely top ten most pressing issues facing the international crimes tribunal-2. Thus, presently, country.[18] Polling in 2013 by AC Nielsen two tribunals established under the ICTA found that more than two-thirds of (1973) are in operation with the same Bangladeshis characterize the ICT as "unfair" jurisdiction mentioned in section 3 of the ICTA or "very unfair", though 86% support its (1973). The ICT-1 and the ICT-2 has separate implementation.[18] rules of procedures of its own. In February 2013, Abdul Quader Molla, The government simultaneously constituted a Assistant Secretary General of Jamaat, was the Prosecution team headed by a „Chief first person sentenced to death by the ICT who prosecutor‟ under section 7 of the Act and the was not convicted in absentia.[18] Initially, Investigation Agency under section 8 of the Molla was sentenced to life imprisonment, but Act. The registry is composed of Registrar, demonstrations, including the 2013 Shahbag Deputy Registrar and personnel. After protests in Dhaka, lead to a new punishment.[18] formation of the Tribunal and its Registry, the Tribunal under the power conferred in section ABOUT THE INTERNATIONAL CRIMES 22 of the Act formulated its own „Rules of (TRIBUNALS) ACT, 1973 Procedure‟ (ROP) and it was published in ICTA was enacted by the sovereign parliament gazette on 17.7.2010. of Bangladesh to provide for the detention, On completion of investigation, the prosecution and punishment of persons Investigation Agency is to submit a „Report „ to responsible for committing genocide, crimes the Chief prosecutor by examine which it shall against humanity, war crimes and other crimes prepare a „Formal Charge‟ and shall submit it under international law . The Tribunal together with materials, documents, statement constituted under the Act shall have the power of witness etc. before the tribunal. After taking to try and punish any individual or group of cognizance of offences, if the allegations are individuals or organizations, or any member of prima facie found considering the materials, any armed, defense or auxiliary forces documents, statement of witnesses and the irrespective of his nationality, who commits or formal charge adequate opportunity is given to has committed, in the territory of Bangladesh, the accused to defend its own interest. At this whether before or after commencement of this stage, the defense is entitled to have copy of all the materials, documents, statement of Act, any crimes mentioned in sub section [2] of witnesses, DVDs etc upon which the section 3 of the Act. Under section 6 of the Act prosecution rely so that the same enable the the government may, by notification in the accused in preparing its own defense and official gazette, set up one or more tribunals interest. each consisting of a Chairman and not less than two and not more than four other Members. Tribunal, on hearing both sides and on perusal of materials, documents, statement of Some significant changes have been brought in witnesses, DVDs may frame charge(s), if it is the Act, by way of amendment, in 2009 and satisfied that there is reasonable ground to thereafter, to come out from the culture of believe, prima facie, that the accused impunity the government , for the purpose of committed the offences as enumerated in the section 3 of the Act, by notification in official Act of 1973. After framing charge, trial gazette has set up the „Tribunal‟ on 25 March commences and both sides shall have rights to 2010. The tribunal consists of three Judges of adduce and examine witnesses in support of whom one is Chairman and two are members. their respective cases and defense. Under THE LAW MESSENGER 626 International Crimes Tribunal (Bangladesh) 2 LM (Journal) 2017 (1) section 21(1) of the Act a person convicted of Criminal Law with a blend of national law, in any crime specified in section 3 and sentenced trying the persons responsible for perpetration by a Tribunal shall have the right to appeal to of crimes enumerated in the Act of 1973.All the Appellate Division of the Supreme Court of possible provisions ensuring adequate rights of Bangladesh, the highest judicial forum of the defense have been enshrined in the ICTA and country, against such conviction and sentence. the Rules as well. The Tribunal is housed in a Under section 21(2) the government or the scenic building known as „old high court complainant or the informant also shall have building‟ having old heritage located inside the the right of appeal against an order and verdict Bangladesh Supreme Court premises. of acquittal or an order of sentence. Currently [since 15.9.2015] only Tribunal-l has The provision laid down in Section 6 (2A) that been functioning on being reconstituted and “the tribunal shall be independent in the Tribunal-2 remains non-functioning. exercise of its judicial functions and shall BACKGROUND ensure fair trial” is quite compatible with the international standard. The degree of fairness The events of the nine-month conflict of the as has been contemplated in the Act and the Bangladesh Liberation War are widely viewed Rules of Procedure formulated by the Tribunal as genocide; the Pakistan Army and under the powers conferred in section 22 of the collaborators targeted mass people, principal Act are to be assessed with reference intellectuals and members of the political [6][19][20][21] to the national needs such as, the long denial of opposition for attacks. Historians justice to the victims of the atrocities have estimated that, during the conflict, [22] committed during 1971 independence war and between two hundred thousand and four [23] [24] the nation as a whole. It is necessary to state hundred thousand women and children that the provisions of the ICTA 1973 were raped leading to an estimated 25,000 war [25] [(International Crimes (Tribunals) Act,1973] babies being born. Estimates of persons and the Rules framed offer adequate killed during the conflict range to three compatibility with the rights of the accused million.[26] An estimated ten million refugees enshrined under Article 14 of the ICCPR. The entered India, a situation which contributed to 1973 Act of Bangladesh has the merit and its government's decision to intervene militarily mechanism of ensuring the standard of the in the civil war. Thirty million people were safeguards needed universally to be provided to displaced.[26] Susan Brownmiller documented the person accused of crimes against humanity. that girls from the age of eight to grandmothers The proceedings take place in public.
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