Human rights group to face contempt proceedings for commenting on Bangladesh war crimes trials. A human rights organisation will face contempt proceedings for saying that any criticism of the recent war crimes tribunals in Bangladesh has been met with a heavy hand.
Last week Abdul Quader Mollah was sentenced to death for war crimes committed during the country’s 1971 independence war against Pakistan, with no right to appeal.
The Additional Attorney General in the case, MK Rahman, says two appeals were filed – one by the government and one by the accused.
Mr Rahman says the government asked for his sentence to be raised from life in prison to the death sentence, while the accused, “asked for setting aside the condition. The government appeal has been allowed unanimously…he has been awarded the death sentence.”
Mollah’s defence lawyer, Abdur Razzaq, says he is stunned by the decision.
“We are bound to obey this verdict,” he said.
“But this verdict is faulty.
“We believe this verdict is contrary to fair justice.”
Prime Minister, Sheikh Hasina, has faced growing criticism from human rights groups over the impartiality of the Bangladesh War Crime Trials.
Human rights organisations have condemned the court’s decision and say the lack of a right to judicial appeal violates international human rights laws.
Abbas Faiz from Amnesty International says they have serious concerns.
“If a prisoner has been sentenced to death by any court, then that case should be appealed and heard by higher court,” he says.
Human rights groups and other observers have complained that access to the trial proceedings has at times been difficult and any criticism of the trial process or the convictions has been unwelcome.
Human Rights Watch will appear in court on Monday on contempt charges after commenting that one of the trials had been “deeply flawed” and failed to meet international trial standards.
Indian journalist Salil Tripathi is writing a book about the war and its aftermath.
He says Bangladesh should not be going after human rights activists but be trying, “to improve the performance of the trial so its credibility is restored.”
Prime Minister Hasina has refuted claims from her opponents that the trial of war criminals has been an act of revenge and insist they are fair and impartial.
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The Tribunal and the 1971 War For many in the country, the special tribunal set up in 2010 to deal with war crimes committed during the country’s independence war against Pakistan in 1971 represents a chance for justice and closure 40 years on.
Salil Tripathi, author of a book about the war, has met many people who suffered during the period.
“Many simply don’t know what happened to their loved ones,” he said.
“There are some who have seen their parents being taken out taken out and shot in front of their eyes.”
But for supporters of Jemaat-e-Islami, Bangladesh’s largest Islamic party, whose senior members have been facing charges in the trials, the tribunal is seen as nothing more than a political witch hunt.
Jamaat-e-Islami is an important ally of the country’s main opposition National Party, headed by former Prime Minister Khaleda Zia and rival of the current Prime Minister Sheikh Hasina, of the secular Awami league.
Both parties have enjoyed long periods in power.
Griffith University’s Dr Ashutosh Misra says Bangladesh is a religious democracy and says it’s hard, “to take the religion out of politics, and the politics out of religion.”
So far six people have been sentenced through Bangladesh’s International Criminal Tribunal, which was set up by Sheikh Hasina following her election win.
Four have been given life sentences and two have been handed the death sentence.
Five of those sentenced are leaders of Jemaat-e-Islami, the other is a senior member of the BNP.
Dr Misra says it’s not surprising the war crimes have drawn criticism.
“It’s understandable given the politics of Bangladesh to have these kinds of accusations and charges being levelled against the current government and on the impartiality of the tribunal itself,” he said.
Salil Tripathi says in 1971 the Jemaat-e-Islami party very openly sided with Pakistan.
He says that there are “well founded instances” of Jamaat politicians who have supported the idea of a united Pakistan.
“It might seem like a political witch hunt, but at the same time the purpose is to account for what happened in ’71 where according to Bangladesh, Jemaat has a case to answer,” he said.
Before 1971, Bangladesh was part of Pakistan, known then as East Pakistan. In the 1971 Liberation War, Bangladesh – helped by the Indian Army – won its independence from Pakistan and became a new nation.
In the process, hundreds of thousands of civilians were killed; some put the death toll in the millions.
It’s alleged that scores of women were raped by the Pakistani army.
Jemaat-e-Islami set up militia units who allegedly fought and committed atrocities alongside Pakistan.
It may be January’s general election that determines whether or not Sheik Hasina’s controversial war crimes trails have the support of the majority of Bangladeshis.
Source : ABC Radio Australia