Dhaka, Mar 25 (bdnews24.com) – The government announced the long-awaited formation of a war crimes tribunal, investigative and prosecution teams with symbolic timing on Thursday, just hours before the commemoration of the Black Night of March 25 when invading Pakistani forces killed thousands of innocent civilians in 1971.
Preparations for the momentous trial process has begun almost immediately.
Law minister Shafique Ahmed revealed the names of the judges, investigators and prosecutors in a press conference on Thursday afternoon, also the eve of the 39th anniversary of Bangladesh's independence.
He said their work would start "immediately", while the prosecution team said preparations had already begun.
Trial of Bangladesh's war criminals was among the top election pledges of Sheikh Hasina's Awami League government.
The government, since coming to power in January last year, has taken a number of steps to put Bangladeshis in the dock who face charges of mass murder, rape, arson, looting and abetting the Pakistani occupation forces during the 1971 liberation war.
Among these steps was the amendment last year of the International Crimes (Tribunals) Act 1973 for holding the trials, four decades on, and under which the country's first ever war crimes tribunal has been formed.
'FAIR TRIALS'
The just-appointed tribunal head, Justice Nizamul Haque, told bdnews24.com on Thursday: "I have been given a responsibility to the people of Bangladesh and shall do the job courageously, correctly and fairly."
"The accused will be stand before me, while those who lost their lives will be present in spirit."
"I will consider all the cases, and hope to convict those who are guilty and acquit those who are innocent," said Haque, who will head the three-member panel of judges.
The other two members of the tribunal are Justice ATM Fazle Kabir and former district judge Zahirul Ahmed.
Asked what lay ahead and when the tribunal would start work, Haque said: "I have just received my appointment ... I will meet the (law) minister. I cannot say when the trials will start, that is up to the government."
WORK STARTS
Mosharraf Hossain Kajal, one of the 12 prosecutors picked for the trials, told bdnews24.com hours after the law minister's announcement on Thursday: "We have already started our preparations."
He said the prosecutors had just been in a meeting with the investigation cell. "We will continue to meet, firstly to formulate the terms and conditions of our work."
He said, alongside that, prosecutors and investigators would sift through the mass of data already collated by various agencies since 1971. "We will lay out the information we already have in our hands on the so-called renowned war criminals, the known collaborators."
"Once the charge sheet is complete, then we as prosecutors will do our best to prove the charges and convict the guilty."
The lawyers' panel is headed by Golam Arif Tipu, the chief prosecutor. Other members are Syed Rejaur Rahman, Golam Hasnayen, Zahirul Hoque, Rana Das Gupta, Ziad Al Malum, Syed Haider Ali, Khanaker Abdul Mannan, Nurul Islam Sujan, Sanjida Khanam and Sultan Mahmud Semon.
The seven-member investigative team includes top former police officials, two CID inspectors and a former bureaucrat.
SPECIAL TRIBUNAL SECURITY
Home minister Sahara Khatun said the government has taken all necessary security measures for the prosecutors and tribunal judges.
"It will manage more security if any official feels the necessity," she told reporters after visiting the tribunal building on Thursday.
The courtroom, custodial cells and related offices for the special tribunal were completed in February this year.
The two-storey establishment is situated at the Old High Court Building premises which were earlier used as offices of the Law Commission and Judicial Services Commission. Before Bangladesh's independence in 1971, it was the chamber of the chief justice of the then East Pakistan.
The ground floor of the building now has areas to house the chief prosecutor, chief investigator and registrar. It also has a custodial room, records room, IT room, media room and a reception room. The custodial room can accommodate twenty accused.
The 'International Crimes Tribunal' is situated on the first floor with a bench, a dock and seating space for defence and prosecution lawyers and journalists. Behind the bench, there are chambers for the tribunal chairman and two tribunal members.
CALLS FOR TRIALS TO BE 'ABOVE REPROACH'
Projonmo Ekkatorer, a group of men and woman whose parents were killed in 1971, said on Thursday that they wanted the trials to be "above reproach".
"We above all want trials to take place," Asif Munir, whose father the academic Prof Munir Chowdhury was abducted and killed with other intellectuals a few days before the surrender of the Pakistan military, told bdnews24.com.
"But we do want them to be fair and proper, meeting international standards so that they can not be criticised by the international human rights community, and will not provide a loophole for the accused."
"We are pleased that the government has assured the public that it would hold trials compatible with international standards – but we are looking forward to see what action it will take to ensure this" he said.
An expert panel of international lawyers, including a former war crimes prosecutor, submitted a legal opinion to the government last month, advising further amendments to ensure the 1973 Act meets international standards. Among other recommendations, the lawyers advise that sections of the Rome Statute dealing with rights of suspects during investigations must be included in the Act.
Bangladesh has since ratified the Rome Statute, which calls on countries to bring their own laws into line with international standards for prosecution of individuals who commit crimes against humanity.
A government spokesperson, following the cabinet's ratification of the statute on Mar 22, said "it will prove that Bangladesh is determined to follow international standards to prosecute crimes against humanity, war crimes and genocide."
The government has said that the trials may begin as soon as April this year.
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