Oct 1, 2013 | News
The ICJ denounces the death penalty handed down today by the International Crimes Tribunal (ICT) to Salauddin Quader Chowdhury, a member of the Bangladesh Nationalist Party, the main opposition party.
If carried out, the sentence would violate Bangladesh’s international law obligations to protect the right to life and freedom from cruel, inhuman, or degrading punishment, the ICJ states.
The International Crimes Tribunal convicted Chowdhury (photo) on nine of 23 charges, including murder and genocide, and sentenced him to death.
“The Bangladesh Tribunal is one of very few transitional justice mechanisms that have imposed the death penalty,” said Sam Zarifi, ICJ’s Asia-Pacific Director. “It is unfortunate that Bangladesh seeks to punish human rights violations by committing rights violations itself.”
The ICJ considers the death penalty in all cases to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
This is the seventh verdict delivered by the International Crimes Tribunal. Death sentences have been handed out in all but one case.
”Bangladeshi law as well as international human rights standards require that death penalty cases receive a fair and thorough review, so it is crucial that appellate review of these cases proceed properly, without undue political pressure or a timeline established by impending elections in or before January 2014,” Zarifi said.
“Those responsible for the horrific war crimes and crimes against humanity during Bangladesh’s war of liberation in 1971 should be brought to justice in processes that are fair, and seen to be fair, instead of being subjected to vengeance,” he added.
Contact
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002; email: sam.zarifi(a)icj.org
Feb 28, 2013 | News
The death sentence handed down by the International Crimes Tribunal today against Delwar Hossain Sayeedi (photo) violates international standards of due process and fair trial, and, if carried out, would violate his right to life, says the ICJ.Â
“The ICJ wholly condemns the atrocities committed in Bangladesh’s war of liberation in 1971, notably the widespread and systematic use of rape as a form of torture and the unlawful killings. It is paramount that those responsible should be held accountable,” said Sam Zarifi, ICJ Asia Pacific Regional Director. “But even perpetrators of atrocities have rights. They should be brought to justice, not subjected to vengeance.”
Delwar Hossain Sayeedi, vice-president of the Jamaat-e-Islami party, was indicted on 3 October 2011 on 20 charges including genocide and crimes against humanity. He was arrested and brought before the War Crimes Tribunal for the first time on 2 November 2010. He was accused of working with the Al-Badr group during the independence struggle in the early 1970s.
The International Commission of Jurists opposes the death penalty as a violation of the right to life and a form of cruel and inhuman punishment. The United Nations General Assembly has called on all States to establish a moratorium on the death penalty with a view to universal abolition.
Today, crowds gathered outside the courthouse as the verdict was being read, demanding Delwar Hossain Sayeedi be sentenced to death for his role in the atrocities committed in the 1971 war of liberation. Earlier this month, widespread protests erupted across Bangladesh after the Tribunal imposed a life sentence on Abdul Qadar Mollah instead of the death penalty.
“The enormous demonstrations and the unfortunate violence that have accompanied each decision of the ICT demonstrate the passions still enflamed by the crimes of 1971. But it is in everyone’s interest to ensure that the rule of law and the path to justice are not subject to immediate political pressure,” Zarifi added. “The Government’s obligation to bring those responsible for the atrocities committed in 1971 to justice must not outweigh the presumption of innocence and the duty to ensure the security of all persons.”
The ICJ says that the International Crimes Tribunal does not adhere to international standards of a fair trial and due process.
According to the ICJ, there are serious procedure flaws at all stages: pre-trial release has been routinely and arbitrarily denied; witnesses have been abducted and intimidated; there have been credible allegations of collusion between the Government, prosecutors and judges.
On 14 February 2013, a draft amendment was tabled in Parliament, retroactively changing the International Criminal (Tribunals) Act 1973 to enable prosecutors to appeal a life sentence and seek the death penalty.
This amendment came after protests for a death sentence in the 5 February 2013 verdict against Abul Qadar Mollah.
As a State party to the International Covenant on Civil and Political Rights, Bangladesh is obligated to guarantee due process and fair trial rights to all suspects, even those accused of war crimes.
Such obligations include the right to an public hearing before a competent, independent and impartial tribunal; the right to be tried in one’s presence; the right to counsel and the right to a full defence; and the right not to be punished again for an offence for which there has already been a final conviction in accordance with the law.
“Failing to abide by minimum standards of due process will cast doubt on the Tribunal’s findings and undermine victims’ hard-fought battle for justice,” Zarifi said. “The Bangladesh Tribunal is one of very few transitional justice mechanisms that have imposed the death penalty.”
This verdict is the third issued by the tribunal. Earlier this month, Abdul Qader Mollah, the assistant secretary-general of the Jamaat-e-Islami was found guilty and sentenced to life imprisonment for committing crimes against humanity during the 1971 liberation war.
On 21 January, Abul Kalam Azad, a former leading member of the Jamaat-e-Islami party, was tried and convicted in absentia and sentenced to death for crimes committed during Bangladesh’s war of liberation in 1971. He was convicted on six counts of a crime against humanity and one count of genocide.
The government established the Bangladesh International Crimes Tribunal in 2010, after amending the International Crimes (Tribunals) Act 1973. The International Crimes Tribunal has jurisdiction to try crimes against humanity, crimes against peace, genocide, violations of the Geneva conventions and any other crimes under international law.
The ICJ supports the right of victims to seek truth and justice for the atrocities committed in the 1971 Liberation War.
However, any such process must adhere to international human rights standards, including full guarantees for a fair trial.
CONTACT:
Sam Zarifi, ICJ Asia-Pacific Regional Director, t: +66 26198477; email: sam.zarifi(at)icj.org
Sheila Varadan, ICJ Legal Advisor, South Asia Programme, t: +66 857200723; email: sheila.varadan(at)icj.org
Oct 6, 2012 | News
The promotion of colonel Raju Basnet is a slap in the face for the victims of Nepal’s protracted civil war, ICJ and other human rights groups said today.
The Nepali cabinet’s decided on October 4, 2012, to promote colonel Raju Basnet to the rank of brigadier general. Human Rights Watch, Amnesty International, and the International Commission of Jurists say the United Nations and the Nepali National Human Rights Commission compiled credible evidence of systematic enforced disappearances and torture at Bhairabnath Battalion headquarters in Kathmandu under the command of the colonel Raju Basnet in 2003.
On the basis of this evidence, in 2007 Nepal’s Supreme Court ordered an independent investigation and prosecution of these human rights violations. That order includes allegations that Basnet personally committed acts of torture.
“Nepal’s cabinet has thrown the entire idea of holding soldiers accountable for abuses out the door,” said Brad Adams, Asia director at Human Rights Watch. “This cynical and reprehensible decision seriously undermines respect for human rights and contradicts Nepal’s assurances to the international community that it would hold those implicated in wartime crimes to account.”
Basnet’s promotion occurred under the leadership of the United Communist Party of Nepal – Maoist (UCPN-M). During the war, the UCPN-M was itself responsible for enforced disappearances, torture, and unlawful killings, and has not had to answer for a single wartime violation, the groups said. Agni Sapkota, a UCPN-M member, was appointed to a cabinet position even as he was under a court-ordered police investigation for his involvement in a 2005 unlawful killing.
“Despite years of promises, the Maoists and the army have shown themselves united in one crucial aspect: contempt for the notion of accountability for criminal acts and victims’ rights to justice, truth, and reparation,” said Polly Truscott, Amnesty International’s South Asia director.
International law applicable in Nepal obligates the government to investigate and prosecute serious violations of international human rights and humanitarian law. Consistent with international legal principles, officials implicated in serious offenses should be removed or suspended pending completion of full investigations, with full respect for their due process rights.
The Nepali Supreme Court in an August decision directed the government to put in place appropriate legislation and guidelines to ensure that security officials are vetted before they are appointed or promoted to high-level positions.
“With the promotion of Basnet, the denial of justice and accountability has essentially turned into government policy,” said Sam Zarifi, Asia director at the International Commission of Jurists. “This decision is basically the current Nepali government saying it does not care about the rule of law, does not care about its own Supreme Court directives, and indeed, does not care about the best interests of its own citizens. This promotion is a signal to all perpetrators that power trumps justice.”
The rights groups called on the international community to urge the Nepali government to revoke its decision.
“Nepali civil society, with support from the UN and the international community, has spent years seeking to promote justice and accountability,” Adams said. “By promoting Col. Basnet, the government has sent a clear signal to the Nepali people and the country’s international supporters that it not committed to these same goals.”
For more information, please contact:
In Kathmandu, for ICJ, Govinda Sharma: +977-985-106-1167
In Bangkok, for ICJ Asia-Pacific, Sam Zarifi: +66-807-819-002
Jul 17, 2009 | News
The ICJ says the fight against impunity and for international justice has made positive progress in the last decade, not least with the commencement of the first cases at the International Criminal Court.
Nevertheless, international justice continues to encounter obstacles in its development. The ICJ, the legal community and all the human rights movement must continue their efforts to attain universal justice and an end to impunity.
Fight against impunity must be continued-web story-2009Â (full text, PDF)
