Also a prosecutor at war crimes tribunals in Sierra Leone and Rwanda, Rapp told the press on Wednesday in reply to a question whether he was satisfied with the trials in Bangladesh, “No, I am not happy. I still have concerns.”
A few hours earlier, Law Minister Shafique Ahmed after meeting Rapp
as saying there were no scopes for non-transparency and biasness in these trials.
However, the former district attorney from Iowa said some of his recommendations had been adopted and incorporated into the laws and rules while others had not been.
Rapp had earlier made a number of recommendations that called for the tribunal laws to define crimes against humanity along with the elements stipulating that the offences would have to be widespread, systematic, organised, directed against a certain group and the accused would have to have taken part with the knowledge that the crimes were part of a larger scheme.
Although still not incorporated into the laws, the US diplomat said there was a ‘reflection’ that tribunal judgements took those elements into consideration.
Rapp said the war crimes trial process was ‘progressing’ and was headed ‘in the right direction’.
The US Ambassador-At-Large has had a busy visit meeting with government officials including the Law Minister, International Crimes Tribunal officials as well as the team of Jamaat-e-Islami defence lawyers.
Rapp also visited the Appellate Division on Wednesday when Jamaat’s chief defence counsel Abdur Razzaq was deliberating upon the import of the elements of crimes against humanity in Abdul Quader Molla’s case. He was going through the terms ‘widespread’, ‘systematic’ and ‘organised’ and explaining to the court what they meant.
Having seen proceedings at both the tribunals as well as the apex court, Rapp commended both the prosecution and defence lawyers, noting that they had all come a long way since the trials began.
The diplomat said that the death penalty had to be given out with the greatest care since it is irreversible. He said factors to be considered should include the severity of the crimes, cruelty, the number of people affected while mitigating factors could include such things like youth when considering handing down the death sentence.
But the US envoy cautioned against handing down capital punishment to prevent the accused from going free in future. “The verdict must be protected regardless of the government in power.”
And for that purpose, Rapp stressed on the importance of fairness of the trials. He emphasised equality of arms ensuring same facilities to the defence that the prosecution enjoys.
He also said the elements would have to be proven beyond reasonable doubt to secure a conviction and also that the burden of proof lay with the prosecution contrary to, what he said, the burden of alibi lying with the defence as well as presumption of innocence.
Rapp refused to comment directly regarding the war crimes cases since they are pending before the Appellate Division but said he was hopeful that omissions and shortcomings, if any, would be addressed during the appeals.