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Tuesday, April 6, 2010

[chottala.com] Int'l Crimes (Tribunal) Act is only mode to try 'Razakars, Al Badrs'



 
War Crimes:
Crime against humanity, crime against Bangladesh,  aiding and abetting genocide &  greatest mass rape in the history ....
 
 
Related articles:
 
Mon April 5, 2010 - 1:41am BdST
 
  A perfect crime?

link:http://priyo.com/news/2010/apr/05/38163.html

'পত্রিকার কাটিং বা ছবি দালিলিক সাক্ষ্য' -বিচারপতি গোলাম রব্বানী

Link: http://www.shaptahik.com/v2/?DetailsId=3373

 

যুদ্ধাপরাধ : বিশেষ ট্রাইব্যুনাল - প্লিজ, কথা বলবেন না...

Link: http://www.shaptahik.com/v2/?DetailsId=3375

 বিস্তারিত...

 

 

 

 

 

Int'l Crimes (Tribunal) Act is only mode to try 'Razakars, Al Badrs'

Priyo News Dhaka, Tuesday, April 6, 2010 - 3:22pm

Leading jurists today said International Crimes (Tribunal) Act 1973 was the only mode to expose to justice the "Razakars and Al Badrs" for their 1971 crimes against humanity as auxiliary forces of the Pakistani occupation army.

"The law devised ways particularly to expose to justice the auxiliary forces of the Pakistani troops to justice for crimes against humanity and peace following the examples of the Nuremburg and other trial methods," senior Supreme Court lawyer Dr M Zahir told BSS. He added that those who had framed the law after the independence had designed it to try the Bengali-speaking perpetrators of the crimes like massacre, rape and arson as members of the "auxiliary forces" though it did not mentioned directly the names of Razakars, Al Badr or Al Shams. "There is no scope of contradiction regarding the trial mode," Zahir said.

His comments came as main opposition Bangladesh Nationalist Party (BNP) questioned the mode of trial saying government should hold the trial under the existing laws of the land like Penal Code and Code of Criminal Procedure (CrPC). "There is no need for constituting special court or tribunal or any investigation team for this, it said . . . These will not be acceptable in the eyes of law," BNP secretary general Khondkar Delwar Hossain recently told a press briefing.

But legal expert Dr Shahdin Malik echoed Zahir saying Hossain's comments were the outcome of "sheer confusion" as the International Crimes (Tribunal) Act 1973 designed to stage the trial of perpetrators of crimes by "organised forces" and the law was also protected by the constitution, meaning it could not be challenged in the Supreme Court either. "If someone believes the crimes like large scale and indiscriminate killings were ordinary crimes he may think the offenders can be tried under the ordinary law . . . but these were carried out with a political reason and by organized forces," Malik said.

These factors, he said, required the trial to be staged under the special law as it was "very difficult" to hold it under the ordinary law as it demanded finer evidence like autopsy reports, doctors comments and other such things which were irrelevant to cases like massacres. "Everywhere in the world, the trial of the war criminals or perpetrators of such crimes against humanity are held under the special laws like International Crimes Tribunal Act," he said.

Malik ruled out possibilities that the law and the trial would frustrate the "spirit of justice" saying in normal cases, the accused were tried in a lower court and get one chance to file an appeal against his conviction while under the International Crimes Tribunal Act, High Court level judges would try the suspects while the convicts could go to the apex Appellate Division against the judgments. Malik, however, said against the backdrop of the existing reality, it might appear to be a little difficult to try a large number of suspects under the law for their crimes they had committed nearly 40 years ago "for want of necessary evidence". Asked how far he was hopeful about the effectiveness of the trial process, Zahir said "I don't want to speculate" but the expected outcome would definitely depend on the efficiency of the investigators and the prosecutors.

The United Nations (UN) last week offered technical assistance in staging a planned trial of "crimes against humanity" as the process was underway to expose the Bengali- speaking perpetrators of war crimes as Law Minister Shafique Ahmed said measures were taken to make the trial "transparent and internationally acceptable". "It would be a wrong proposition, if anyone thinks that the trial is being held to harass anybody politically. None would be brought to justice for political ideology," Ahmed said. He said separate corners were earmarked for members of the press and the observers inside the courtroom to witness the trial as well as report it as the government refurbished the country's old High Court building to stage the trial under International Crimes (Tribunal) Act 1973 that suggests the highest death penalty and the lowest 10 years of imprisonment for the convicts.

The government last month constituted a three-member special court alongside a special investigation agency and prosecution panel to expose the suspected war criminals to justice 39 years after the independence in line with ruling Awami League's electoral pledges. Officially no list of suspects were yet to be released with officials saying the investigating agency would finalise the list after a thorough enquiry despite a government instruction asking immigration authorities not allow the high-profile "know war criminals" leave the country.

But independent Bangladeshi research group War Crimes Fact Finding Committee (WCFFC) yesterday handed over to government investigators and prosecutors a list of 1,775 suspected 1971 war criminals along with evidence as a process. "This is conclusive evidence against the perpetrators of crimes against humanity during the (1971) Liberation War," convenor MA Hassan told BSS after handing over the list to the chief of the newly constituted special investigation agency.

The law minister earlier evaded a direct answer how many suspected "criminals" would be exposed to justice saying "the figure will be determined only after the investigations" while local government minister and Awami League general secretary Syed Ashraful Islam last month said the government planned to exposed only the leaders of the 1971 "war criminals" to justice. "The trial of war criminals doesn't mean trials of thousands of people . . . those who led the massacre in 1971 will be tried," he told newsmen last month clarifying government's stance on the much hyped issue.

-BSS



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