WORLD renowned lawyer and expert on war crimes Toby Cadman recently visited Saudi Arabia. The British lawyer is acting as legal consultant to Bangladesh lawyers who appear for opposition leaders accused of committing crimes against humanity during the 1971 East Pakistan civil war that ended with the creation of the state of Bangladesh. Cadman's mission during his visit to the Kingdom was to ask individuals who have influence to take the lead in raising the issue with the Bangladesh government. In an exclusive interview with Saudi Gazette last month, Cadman spoke at length about the flaws surrounding the trial as well as the violation of international and domestic laws vis-à-vis the manner in which the trial is being conducted. The barrister also voiced his apprehension that the Bangladesh government may attempt to convict some of the accused by Dec. 16, the 41st anniversary of the end of the liberation war and the creation of the new state of Bangladesh. Some of the accused are expected to be executed by March 25, 2013, the anniversary of the Pakistan army's suppression of the insurgency of Awami League supporters led by Sheikh Mujibur Rahman. That was after Gen.
Yahya Khan postponed convening the National Assembly (parliament) following the election in which the Awami League won the majority of seats required to form the federal government.
Cadman attributed his apprehensions to the rush by the International Crimes Tribunal (ICT), set up by the Bangladesh government, to hold summary trial proceedings and restrict the number of defense witnesses to only 12 in the case of one of the high-profile accused. Moreover, defense lawyers have also been asked to provide a list of witnesses. He described this demand as a fundamental flaw in itself because disclosing the names of defense witnesses to the prosecution will enable them to make changes in the case. Cadman also noted that restricting the number of witnesses to 12 is an arbitrary act. “Looking at the way the judges are now scheduling some of the cases, it is evident that the tribunal is prioritizing time,” he said and added: “If you listen to the statements made by members of the prosecution team, it is evident that the government has the clear intention to convict and ultimately execute at least three — Prof. Ghulam Azam, Maulana Delwar Hossain Sayeedi and Salahuddin Quader Chowdhury — on or by Dec. 16 of this year when Bangladesh celebrates the anniversary of winning its independence.” Cadman said that the government of Sheikh Hasina will do everything possible to execute these people because the government is afraid that if they give them long-term prison sentences and if the ruling party then loses the next election, there is a risk that these people will be released by the new government. Moreover, the Hasina government believes that executing these three will increase its popularity. Cadman, who is an international expert in war crimes laws, emphasized that what is going on in Bangladesh is a flagrant violation of international and domestic laws where some members of the government and the prosecution team have announced when the trial is going to finish, how it is going to finish, and which individuals are going to be executed. This clearly shows that the verdicts have been issued in advance and that if trials continue in this way and verdicts of execution are carried out, the consequences will be grave for the country and it will be isolated diplomatically. Cadman urged those countries that have influence and that have an interest in Bangladesh or countries in which Bangladesh has an interest to intervene with the Bangladesh government. He drew attention to an earlier ruling by the UN Human Rights Council that such trials were arbitrary and lacked international criteria. Cadman also recalled the criticism by the United Nations, Human Rights Watch, Amnesty International, the International Bar Association and other agencies that such courts are in violation of international laws and not up to international legal standards. They are neither international tribunals nor domestic tribunals. Describing the ICT as something ambiguous, Cadman said that 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. Cadman asks why the Bangladesh government is so afraid of an international inquiry into the cases if the evidence is strong and substantial. He also added: If three million people were killed during the Liberation War in Bangladesh, then it is similar to what happened in Cambodia. There was an international tribunal in Cambodia, and cases like these should not be dealt with by local judiciary. As one who closely follows the affairs of Bangladesh, I hope that Cadman's expectations will not materialize and that his fears will not be justified. The three people who were mentioned in the interview are prominent figures who enjoy high standing, respect and popularity among members of the Bangladesh community. I think that Sheikh Hasina and other leaders of the ruling party should not carry out a political vendetta against these three leaders.
I think that if they try these three leaders strictly in accordance with the international law ratified by the UN Human Rights Council, it will increase the popularity of the government. — Dr. Ali Al-Ghamdi is a former Saudi diplomat who specializes in Southeast Asian affairs. He can be reached at [email protected]
