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Thursday, January 13, 2011

[chottala.com] No wrong in detention of Accused war criminals says US ambassador-at-large for war crimes



Friday, January 14, 2011 

No wrong in detention

US ambassador-at-large for war crimes says pre-charge detention no violation of int'l standards

Stephen J Rapp
Staff Correspondent

Accused war criminals can be detained before bringing charges against them as long as their prolonged detention is judicially reviewed, Stephen J Rapp, US ambassador-at-large for war crimes issues, has said.

"Different countries follow different process and different courts have different procedures," he said yesterday, adding, "Pre-charging detention is not automatically a violation of international standards."

Speaking at a press conference at American Recreation Association in the capital, he stressed that accused should be tried for their activities, and not for their association with any organisation.

"Individuals are judged not by what association they are part of but what they did. Even then one's membership is not enough to convict an individual, it has to be on what the person did," he said.

Rapp observed that the people of Bangladesh want to see justice to war crimes; especially the young people, who want to know the truth and what happened to their uncles, aunts and grandparents in 1971.

"It creates an expectation and sends a message that crimes like these are not going to be tolerated; that perhaps not in a week after the crime, but even 40 years after the crime" said Rapp, a former prosecutor of Special Court for Sierra Leone in 2007.

The court tried former Liberian president Charles Taylor for his crimes during the country's civil war.

"The individuals that chose to target innocent people for their political or whatever gain, and chose to kill innocent will face consequences," he noted.

He thinks that the trial can be held under the law formulated in 1973 provided that the crimes are recognised under international humanitarian law. The constitution of Bangladesh also accepts such laws, he added.

He, however, suggested some changes to the International Crimes Tribunal Act, 1973 for ensuring a transparent trial.

The law should include definitions set by International Criminal Court (ICC) and other international tribunals on genocide, crimes against humanity and war crimes, he observed.

He will send a letter to the law minister next week suggesting issues that might be raised by defence lawyers or international organisations during the trial.

On the overall trial process, he said it should maintain international standards.

"It is important that these cases happen in national level, close to the communities that were affected, close to the victims, close to the families of the people who were accused who can visit and watch and learn for themselves. This is an opportunity for a process that can be developed as a model," Rapp said.
 
 

No wrong in detention


The Daily Star - 4 hours ago
Accused war criminals can be detained before bringing charges against them as long as their prolonged detention is judicially reviewed, Stephen J Rapp, ...

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    Bangladesh News 24 hours - 4 days ago
    Dhaka, Jan 09 (bdnews24.com) — As the government is poised to start the trial of war criminals, US ambassador for war crimes Stephen J Rapp arrives in Dhaka ...

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    Bangladesh News 24 hours - 2 days ago
    The assurance came when US war crimes affairs ambassador-at-large Stephen J Rapp, along with US ambassador to Bangladesh James F Moriarty, ...

    US to assist war crimes trial: law minister - The Daily Star
    US to assist B''desh in war crimes trial: Law Minister - MSN India
    US pledges to help conduct fair trial - The Daily Star

    Related:

    • War crimes probe agency reconstituted

     Tuesday, January 11, 2011

    Star Online Report

    The government on Tuesday co-opted two into the probe agency formed last year to investigate crimes against humanity during the Liberation War.

    The government, however, excluded a member of the committee -- Khasrur Haque, a home ministry circular said.

    The new members are: M Sanaul Haque, former inspector general of police, and Md Abdul Hannan Khan, former additional deputy inspector general of police.

    Inclusion of the two raises the number of probe agency members to 20.

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