Bangladesh protests UN HR Commissioner’s observation on war crimes trials

Bangladesh has vehemently protested the claim of the UN Office of the High Commissioner for Human Rights (OHCHR) that the trials of war criminals at the International Crimes Tribunal were not fair.

The UN body also called for abolishing the death penalty in Bangladesh.

The UN rights commission issued the statement expressing reservations over the trials this week after the execution of war criminals Salauddin Quader Chowdhury and Ali Ahsan Mohammad Mujahid.

In its response, the government wrote to the OHCHR protesting such claims.

The foreign ministry in its letter to the OHCHR Bangladesh said, the government was “highly disturbed” by the conclusion the rights body had made based on its “misperception or misconception” about the realities.

The letter also detailed the process of the trial, appeal and further review for the benefit of the UN body.

The letter explained that the International Crimes Tribunal of Bangladesh considered only the crimes committed by individuals in 1971.

The tribunal has no interest in the present political status of those tried, it said

“Their cases have nothing to do with their political identity or affiliation, and the point that they belong to some opposition political parties is only a coincidence as far as the trials are concerned,” it said.

Moreover, certain accused and convicted individuals in the ICT-BD trials were with the ruling party and its electoral allies, the foreign ministry pointed out.

Bangladesh also gave a full account of the trials and proceedings related to cases against the two war criminals.

Bangladesh also reiterated that as a party to the International Covenant on Civil and Political Rights (ICCPR), along with its Optional Protocol, it was obliged to maintain international standards in its judicial process.

“The provisions of the International Crimes (Tribunals) Act, 1973 (ICT Act 1973) and the rules made there are not inconsistent with the rights of the accused enshrined under article 14 of the ICCPR,” it said.

“The government recognises its responsibility towards its citizens and is committed to fulfil its obligations to the citizens of Bangladesh.”

The ministry in its response also emphasised that the International Crimes (Tribunals) Act, 1973 (ICT Act 1973) of Bangladesh was enacted by Parliament under due process of law and within the framework of the country’s Constitution.

The penalty can only be carried out pursuant to a final judgment rendered by a competent court.

“This clearly is the case, which has been maintained by the Supreme Court in Bangladesh with regard to the two verdicts under discussion”.

The government also mentioned that the trials had created an opportunity to end the culture of impunity, ensure justice to the victims, and pave the way for truth and reconciliation.

This was duly recognised by the European Parliament in its Resolution of 16 January 2014 where it posited, “... the International Crimes Tribunal has played an important role in providing redress and closure for victims of and those affected by the Bangladeshi war of independence.”

Similarly, the European Parliament earlier also acknowledged the need for reconciliation, justice and accountability for the crimes committed during the 1971 war of independence while stressing the important role of the ICT in this matter.

The government further said it was “unfortunate” that some selected quarters were still resorting to “sweeping, biased and unfounded comments about the trials as fed to them by the agents and sympathisers of those accused and convicted”.

“This comes even after the international community across the board has embraced the trials as an effort to end the culture of impunity for mass atrocity and crimes committed over four decades ago.

“The government and the people of Bangladesh are confident that plausible legal arguments can be provided for all the fabricated charges being levelled against the trials, and that the fact that fair trial and due process standards had been upheld throughout the trial process, would ultimately prevail”.

“In view of the above, to any discerning observer, the position taken by the OHCHR in the said press briefing note raises a question – whether the OHCHR is siding with the perpetrators of war crime, genocide and crimes against humanity.

“It is also a question if the OHCHR is choosing to undermine the cry for justice of the families of innumerable victims; whether the impunity that the majority of the people of Bangladesh want to see gone, is being upheld by the OHCHR,” it said.

In the protest, the government also reminded the OHCHR that the trials started in 2010 when the ruling Awami League came to power with an overwhelming majority as people supported its avowed poll pledge to start the war crimes trials.