Toby Cadman – Bangladesh – In Search Of Fairness copy - The ...

9 Bedford Row International Toby M. Cadman

Adjudicating Crimes From The 1971 War Of Liberation

The International Crimes Tribunal Bangladesh:!
A Journey In Search Of Fairness
A Wolf In Sheeps Clothing

Bangladesh Governments Statement of Intent
Bangladesh has established an International Crimes Tribunal to
try persons responsible for war crimes and crime against
humanity, including genocide, arson and rape committed during
our war of liberation in 1971, and immediately thereafter. This
action is in accord with the rule of law as reflected in the Rome
Statute of the International Criminal Court (ICC), which we have
ratified and which aims at bringing perpetrators of war crimes,
genocide, and crimes against humanity, to justice. I believe that
only justice can heal the unforgivable, deadly wrongs of the
past.
Prime Minister, Sheik Hasina. Address to the UN General Assembly, 65th Session
(2010)

A Brief History
• War Of Liberation 1971
• International Crimes (Tribunals) Act 1973
• First Constitutional Amendment
• Presidential Decree No. 16 of 1974
• Tripartite Agreement 1974
• International Crimes (Tribunals) (Amendment) Act 2009
• Establishment of The International Crimes Tribunal March 2010
• Arrest Of Political Opposition July-December 2010
• Amended Rules Of Procedure June 2011
• Fifteenth Constitutional Amendment
• Start Of First Trial November 2011
• End Of Awami League Mandate December 2013

The Bangladesh Government's Position
• Trials Will Uphold The Highest International Standards - Foreign Minister
• Tribunal Will Be A Model For The World - State Minister For Law
• Tribunal Is A Defence Charter - Tribunal Registrar
• There Is A Distinction Between The Rights Of Ordinary Citizens And The Rights Of War Criminals - Supreme Court
Justice
• These Men Killed And Raped Throughout Our Country - Minister for Law, Justice & Parliamentary Affairs
• The Laws Are The Best War Crimes Laws In The World - Numerous
• The Tribunal Provides Greater Protection Than Nuremberg - Minister for Law, Justice & Parliamentary Affairs
• The Tribunal Will Uphold International Standards Of Fairness & Due Process - Tribunal Judges
• The Tribunal Is Not Bound By International Standards
• The Tribunal Is An International Court
• The Tribunal Is Not An International Court

The Criticisms
• Domestic Procedural Laws Are Excluded
• International Procedural Laws Are Excluded
• No Right Of Challenge Or Interlocutory Appeal
• No Jurisdictional Challenge Allowed
• Constitutional Protection Of Fundamental Rights Removed
• No Rules Of Evidence
• No Privileged Client Communications
• Investigations Conducted In A Shroud Of Secrecy
• Interrogations Conducted In The Absence Of Counsel
• Foreign Counsel Thrown Out Of The Country And Barred From Reentering
• All Criticism Curtailed By Threat Of Contempt Or Sedition Charges
• Government Ministers Dictate Proceedings
• Chairman Of The Tribunal Previously Served On An Investigative Body Into War Crimes Allegations
• Death Penalty

International Condemnation
• United States Ambassador-At-Large For War Crimes Issues
• International Bar Association, War Crimes Committee
• Amnesty International
• Human Rights Watch
• International Center For Transitional Justice
• House of Lords
• Members of European Parliament
• Members Of United States' Congress

A Journey In Search of Fairness
• United Nations Human Rights Council
• United Nations Special Rapporteurs
• Parliamentary Committees
• United States Congress
• European Parliament
• European Commission
• Council of Europe
• International Human Rights Monitoring Bodies

A Model For The Future Let Us Hope Not!
• Politically selected targets for prosecution
• No Independence from the executive
• No objective impartiality
• Investigations conducted under a cloud of secrecy
• Suppression of media comment
• Interrogations conducted in secret
• Widespread allegation of ill treatment of detainees
• No privileged communications
• Foreign counsel prevented from entering the country
• Defence lawyers and witnesses subject to threats of false arrest and intimidation