Judges must also be held accountable, says International Crimes Tribunal

“Those who judge need to have an accountability mechanism -- the Judicial Accountability Council,” says the tribunal’s chairman

The International Crimes Tribunal (ICT) has said that those who deliver verdicts must also be held accountable for their mistakes and shortcomings.

Tribunal-1 Chairman Md Golam Mortuza Mozumder made the remarks on Sunday during the hearing of arguments in a case filed against former prime minister Sheikh Hasina, former home minister Asaduzzaman Khan, and former inspector general of police Chowdhury Abdullah Al-Mamun.

Earlier in the day, the tribunal’s Chief Prosecutor Mohammad Tajul Islam, began the argument.

During his statement, Tajul brought up the situation of former chief justice ABM Khairul Haque.

In response, the tribunal chairman said: “Those who judge need to have an accountability mechanism -- the Judicial Accountability Council.”

Later, during the lunch break, Tajul told reporters that “former chief justice ABM Khairul Haque has cheated the Supreme Court. He gave a verdict in an open court in the case regarding the caretaker government, and later changed it to a full verdict. When this issue was raised in the tribunal today, the honourable chairman made this comment.”

When asked about the status of the Army officers now in military custody in connection with cases of enforced disappearances and murders, Tajul said he could only speak of matters within his authority.

However, he added that he could inquire whether the arrest warrants for the Army officers had reached the relevant authorities.

“The International Crimes Tribunal Act 1973 is a special law,” Tajul said. “It is specially made for the trial of the Army, Navy, Air Force, intelligence agencies, disciplinary forces, police forces -- all security agencies. The crimes being tried under this law are not described in any general law of Bangladesh.”

He continued, “Even the Army Act, Navy Act, and Air Force laws do not cover these crimes. This is a special law. These are crimes defined under international law. Only the International Crimes Tribunal has the authority to try them.”

“This law is protected by the Constitution of Bangladesh,” Tajul added.

“Articles 47(3) and 47(a) of our Constitution clearly state that all laws made in the field of international law -- crimes against humanity, war crimes, genocide -- even if inconsistent with the Constitution, will prevail. That is, the Constitution itself has stated that the value of the Crimes Tribunal Act of 1973 is stronger than the Constitution. The Constitution itself has given protection to this law.”