STOP INTERNATIONAL JURIST UNION'S FRAUDULENT
ACTIVITIES !!!!!!
From: lutful bari <lutfulb2000@yahoo.com>
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Sent: Saturday, January 26, 2013 10:34 PM
Subject: [bangla-vision] Stop Moulana Azad's execution: International Jurist Union
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Sent: Saturday, January 26, 2013 10:34 PM
Subject: [bangla-vision] Stop Moulana Azad's execution: International Jurist Union
From: Bangladesh Jamaat-e-Islami [mailto:international.relations@jamaat-e-islami.org]
Sent: Saturday, January 26, 2013 12:10 AM
To: Bangladesh Jamaat-e-Islami International
Subject: Stop Moulana Azad's execution: International Jurist Union
Sent: Saturday, January 26, 2013 12:10 AM
To: Bangladesh Jamaat-e-Islami International
Subject: Stop Moulana Azad's execution: International Jurist Union
Stop Moulana Azad's execution: International Jurist Union
http://bdinn.com/news/the-bangladesh-international-crimes-tribunal-and-the-right-to-a-fair-trial/
Jan 24, 2013
BDINN Desk
The enforcement of execution decision about Moulana Abul Kalam and other trials must be stopped owing to the fact that Bangladesh cannot secure a fair trial, viewed 14 members' representative team (termed as 'Turkish Team' in Bangladesh Media) of the International Jurist Union who recently visited Bangladesh in last December to observe the proceedings of an ongoing trial at the International War-crime Tribunal.
In a report published on Tuesday the union demanded that Bangladesh must refer the case (of Azad) to the International Criminal Court. Bangladesh is a State Party to the Rome Statute.
Stretching the point that the trial cannot be in the international standards the report says, 'since the judge, the prosecutor and the investigating committee totally appointed by the Government, and the defendants are the members of two separate political parties, which are the opposition of the government, it is our point of view that it is not possible to be subjected to a trial in the international standards.'
Report raised a strong point that, if Bangladesh, as a State Party to the Rome Statute, does not refer the case to the ICC or do not secure a fair trial, the United Nations may establish an inquiry commission, and as a result of a report of such a commission the United States Security Council may decide to refer the case to the Prosecutor of the ICC according to Article 13 (b) of the Rome Statute.
The report suggested 12 steps for securing a fair trial
Those are:
1. The case must be freed from political elements and it should be handled on a legal basis.
2. The offenses that contained in the ICT should be defined clearly.
3. The judges need to be reappointed in order to secure the impartiality.
4. The judges should be appointed by an independent committee that consists of jurists.
5. All actions of the abstained judge should be cancelled and renewed.
6. The other judges and the prosecutors of the case should be replaced by the new impartial judges and prosecutors.
7. The officials who abuse their authority need to be investigated.
8. The defendants should enjoy the same rights that are granted to the other defendants in domestic law.
9. As a consequence of the principle of separation of powers, the judiciary should be immune from political pressure.
10. Those that put the judiciary under pressure need to be investigated.
11. The trial should be brought in accord with the international human rights standards.
12. The trial should be opened to the international observers.
1. The case must be freed from political elements and it should be handled on a legal basis.
2. The offenses that contained in the ICT should be defined clearly.
3. The judges need to be reappointed in order to secure the impartiality.
4. The judges should be appointed by an independent committee that consists of jurists.
5. All actions of the abstained judge should be cancelled and renewed.
6. The other judges and the prosecutors of the case should be replaced by the new impartial judges and prosecutors.
7. The officials who abuse their authority need to be investigated.
8. The defendants should enjoy the same rights that are granted to the other defendants in domestic law.
9. As a consequence of the principle of separation of powers, the judiciary should be immune from political pressure.
10. Those that put the judiciary under pressure need to be investigated.
11. The trial should be brought in accord with the international human rights standards.
12. The trial should be opened to the international observers.
Any human rights violations is concern of the world community
Referring to the complaints raised objection rose just after their departure from Dhaka by Law Minister Shafique Ahmed and Foreign Minister Dipu Moni the team have violated the international norm the report emphasized, 'the sovereignty of the Bangladesh is as any other state inviolable. Yet, the contemporary conception of sovereignty limits states from abusing their power and violating their citizens` human rights. Therefore it is of concern of the world community any human rights violations wherever they would have taken place.'
Bangladesh Government questioned the intention of the visit and termed the visit as politically motivated.
Although the team along with the Turkish ambassador had meeting with Law Minister Shafique Ahmed, the Minister later in an interview with BBC questioned the intention of the visit and termed the visit as politically motivated.
But the way the group of the foreign citizens approached the tribunal has raised concerns whether the intention was to create problems, said the Foreign Minister Dipu Moni.
In a report published in vernacular daily Janakantha, known as left-wing daily, on December 25, attorney general Mahbube Alam raised concerns about the visit to the ICT by the group of these 14 lawyers from Turkey and Belgium .
Although there no party in the name of Muslim Brotherhood in Turkey , Attorney general blamed that, 'Members of Muslim Brotherhood came from Turkey to rescue the war criminal'.
An official of the home ministry said the Turkish team did not inform them about their visit. Interesting it is the immigration agency under the same home ministry who issued the 'on-arrival visas' at Shahjalal International Airport to the team.
The outlook of top leaders of the ruling party and govt. officials towards a 'foreign team' will question the sincerity of govt. in running a most sensitive trial after 41 years of independence of Bangladesh.
Any democratic government should not carry out a political vendetta against opposition leaders.
And obviously any other international body or democratic government should not let it go unchallenged.
Turkey being an Islamic democratic country is doing nothing more than that.
It's not only Turkey !
Recently the Economist along with other the global media have exposed the myth behind the so called free, fair, just, transparent, international standard & not politically motivated trial as shamelessly claimed by the government and all its political and ideological agencies, allies and cohorts.
Recently the Economist along with other the global media have exposed the myth behind the so called free, fair, just, transparent, international standard & not politically motivated trial as shamelessly claimed by the government and all its political and ideological agencies, allies and cohorts.
Since the beginning of this trial government of Bangladesh is claiming that the trial is maintaining 'International' standard.
However in practise the tribunal proved to be neither international tribunals nor domestic tribunals. ICT is something ambiguous, if it is an international tribunal; it should have international judges and international prosecutors and should be conducted under international law.
However in practise the tribunal proved to be neither international tribunals nor domestic tribunals. ICT is something ambiguous, if it is an international tribunal; it should have international judges and international prosecutors and should be conducted under international law.
This is not a domestic tribunal either because it excludes domestic rules of procedure and evidence applied in all criminal cases in Bangladesh under the Criminal Evidence Act and the Criminal Procedure Act. Those charged with crimes under the jurisdiction of the tribunal are denied the fundamental freedoms and rights guaranteed by the country's constitution to all its citizens.
United Nations, Human Rights Watch, Amnesty International, the International Bar Association and other agencies also expressed concern that such courts are in violation of international laws and not up to international legal standards.
If Bangladesh has to continue this trial honestly to heal the suffering of millions of martyrs and free-doom fighters then this trial should be strictly in accordance with the international law ratified by the UN Human Rights Council. It is a fair demand of all the conscious people of Bangladesh and also the international body.
Background of the Team
The International Jurists Union which pursues the objectives of protection of human rights and human dignity, and establishment of justice and rule of law around the globe, established by jurists of 32 countries. The Union monitors and reports human rights violations and breaches of law.
The International Jurists Union which pursues the objectives of protection of human rights and human dignity, and establishment of justice and rule of law around the globe, established by jurists of 32 countries. The Union monitors and reports human rights violations and breaches of law.
In last December the Union established a 14 member commission for observing the situation in Bangladesh with regard to trials of the members of the opposition, which take place at the International Crimes Tribunal (ICT), for a 41 years old allegation.
The Turkish team came to Dhaka on last 20th December and stayed in Dhaka for five days at Dacca, the capital city of Bangladesh, and met with the Minister of Justice, the Chief Advisor of the Prime Minister, the Chief Prosecutor, the main Opposition Party, the President of the Bar, a member of the investigation committee and the defense lawyers. Besides, members of the Commission have attended the hearings and had talks with the prosecution and the defense counsels of the crimes against humanity cases.
The Turkish team came to Dhaka on last 20th December and stayed in Dhaka for five days at Dacca, the capital city of Bangladesh, and met with the Minister of Justice, the Chief Advisor of the Prime Minister, the Chief Prosecutor, the main Opposition Party, the President of the Bar, a member of the investigation committee and the defense lawyers. Besides, members of the Commission have attended the hearings and had talks with the prosecution and the defense counsels of the crimes against humanity cases.
The team also visited International Crimes Tribunal-1 when the hearing on the petition seeking retrial of Ghulam Azam's case was being heard. They also discussed with different quarters the trial proceedings being held for crimes against humanity committed during the Liberation War.
Sources said that team consists of representatives from the International Jurist Association and human rights activists as well as lawyers sent by the Turkish government to look into the trial procedures and standards of fairness of the International War Crimes Tribunal.
Among the team are Ahmed Sorgon, the executive member of the International Jurist Union and President of A.K Party (the ruling party of Turkey), Boiram Sakartep, an eminent lawyer, Fatema Benli, a delegate of Turkish International Jurist Union, Husna Tuna, the executive member of the International Jurist Union and former MP of A.K. Party, Ibrahim Ujturok, a human rights activist and executive member of the International Jurist Union, Lutfu Isingan, an eminent lawyer and former State Minister of Turkish government, Professor Dr. M Rifiq Korkuj, a legal expert, Mustafa Yagmur, a human rights activist and member of the International Jurist Union, Nikati Sailon, a human rights activist and Secretary-General of the International Jurist Union, Rabeya Eurat, a human rights activist and member of the International Jurist Union, Suat Pamuku, the Ex-MP of RAFA Party, Yasin Samley, a member of the International Jurist Union, Yunus Imru Kanbe, the Vice-President of International Youth Association and Jehra Yaman, a delegate of the Government News Agency of Turkey.
Full text of the report
The Bangladesh International Crimes Tribunal and the Right to a Fair Trial
The International Jurists Union (hereinafter called the Union ), which pursues the objectives of protection of human rights and human dignity, and establishment of justice and rule of law around the globe, established by jurists of 32 countries. The Union monitors and reports human rights violations and breaches of law.
As a consequence of this mission, the Union established a commission for observing the situation in Bangladesh with regard to trials of the members of the opposition, which take place at the International Crimes Tribunal (hereinafter called ICT), for an 41 years old allegation. The Economist reports that: 'in 2010 Bangladesh established a tribunal to try those accused of war crimes. It is called the International Crimes Tribunal, though it is not an international court in the sense of being founded on international law. Rather it is a national court, based on a Bangladeshi statute passed in 1973 and amended in 2009 and 2012. It was very late to begin the search for justice, for the accused as well as for victims. But war crimes are subject to no statute of limitation.'[1]The Commission's task was to meet with the national authorities and to monitor possible violations of fair trial rights and breaches of human rights.
Our Commission stayed five days long at Dacca, the capital city of Bangladesh, and met with the Minister of Justice, the Chief Advisor of the Prime Minister, the Chief Prosecutor, the main Opposition Party, the President of the Bar, a member of the investigation committee and the defense lawyers. Besides, members of the Commission have attended the hearings.
It must be emphasized that the sovereignty of the Bangladesh is as any other state inviolable. Yet, the contemporary conception of sovereignty limits states from abusing their power and violating their citizens` human rights. Therefore it is of concern of the world community any human rights violations wherever they would have taken place.
In 1973, after the independence of Bangladesh , International Criminal Court Code, has been adopted by the Parliament. That law, was changed amendment by the parliement in 2009 and it has become today. The striking aspect of that law is; " The court is independent in performance of judicial function and fair trial". But, due to issues mentioned below, we and employees whose working on that subject have a doubts about the fair trail. Indeed, the present case raises serious concerns with regard to an impartial and fair trial. First of all, the defendants being tried at the ICT are deprived of numerous rights that enshrined in the domestic law. Furthermore all the judges, prosecutors and the members of the investigation committee have appointed by the current government. The ICT tries two leaders of the opposition, who established a coalition during last elections, a former minister, and a former deputy which makes the case primarily of international concern. The impartiality of the trial is shadowed by the fact that the announcement of the possible date of execution of the defendants before the trial ends. The Committee firmly believes that there are serious violations of fair trial in regard of the cases before the ICT. This view is also supported by the news of the international press concerning a judge, who has abstained as a result of the appearance of his communication in the press.[2] Our concerns with regard to the trial are shared by the international human rights organizations as well.
As stated in the International Criminal Court Statute, it is recommended for the ICT, which is the executer of the Statute that causes serious worries with respect to international criminal justice, to delegate this authority into International Criminal Court. Since the judge, the prosecutor and the investigating committee totally appointed by the Government, and the defendants are the members of two separate political parties, which are the opposition of the government, it is our point of view that it is not possible to be subjected to a trial in the international standards.
We strongly recommend that the enforcement of execution decision about Moulana Abul Kalam and other trials must be stopped. Owing to the fact that Bangladesh cannot secure a fair trial. It must refer the case to the International Criminal Court. Bangladesh is a State Party to the Rome Statute. If Bangladesh does not refer the case to the ICC or do not secure a fair trial, the United Nations may establish an inquiry commission, and as a result of a report of such a commission the United States Security Council may decide to refer the case to the Prosecutor of the ICC according to Article 13 (b) of the Rome Statute.
Thus, there are steps that need to be taken with respect to the ICT for securing a fair and public trial, which may be listed as follows:
1. The case must be freed from political elements and it should be handled on a legal basis.
2. The offenses that contained in the ICT should be defined clearly.
3. The judges need to be reappointed in order to secure the impartiality.
4. The judges should be appointed by an independent committee that consists of jurists.
5. All actions of the abstained judge should be cancelled and renewed.
6. The other judges and the prosecutors of the case should be replaced by the new impartial judges and prosecutors.
7. The officials who abuse their authority need to be investigated.
8. The defendants should enjoy the same rights that are granted to the other defendants in domestic law.
9. As a consequence of the principle of separation of powers, the judiciary should be immune from political pressure.
10. Those that put the judiciary under pressure need to be investigated.
11. The trial should be brought in accord with the international human rights standards.
12. The trial should be opened to the international observers.
As stated above, if the Bangladeshi government does not take action for betterment of trial conditions in terms of fair trial rights, it can refer the situation to the ICC as a State Party. Assuming that the Bangladeshi Government does not make progress in this regard, the situation may be referred by the UN Security Council to the Prosecutor of the ICC.
The International Jurists Union
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