The London-based The Economist will contest the first war crimes tribunal’s order to explain why it should not be subjected to contempt of the court.
The tribunal will hear the matter on Apr 24.
The three-judge International Crimes Tribunal-1, set up to try crimes against humanity during the 1971 Liberation War, issued the order on Dec 6, directing the British periodical’s South Asia Bureau Chief and the Chief Editor to explain why they had breached the privacy of a judge.
Tribunal Chairman at the time, Justice Mohammad Nizamul Huq’s email had been hacked, which he realised about two or three days ago. In his order, the Chairman said that a caller from The Economist had asked him questions regarding his exchanges with an expatriate Bangladeshi regarding the trial.
The lawyer representing The Economist told the press that his clients had not done anything in violation to the provisions of the law and as such they were contesting the order of contempt.
The order said that this breach of privacy and engaging a judge amounted to interference with the proceedings and directed the British newspaper, which had claimed to be in possession of the emails and conversations, to keep his emails confidential.
The order began noting that the Tribunal Chairman and the members were appointed to the tribunal under a new law, which the tribunal chief openly admitted was new to everyone.
Justice Huq had said many times during the trials that this was a new law for the judges as well as the lawyers and as such the tribunal needed cooperation and assistance from everyone.
The order mentioned that the court was working with the assistance of individuals within and outside the court for research and other purposes. Dr Ahmed Ziauddin, a Brussels-based academic, “an expert in International Criminal Law” has been one such person according to the order.
The order said that the Chairman would seek assistance from Ziauddin from time to time for judgements and orders at the other international crimes cases elsewhere in the world.
Most of this communication was limited to Skype and emails. “Just two or three days earlier the Chairman found that his e-mail and skype accounts along with his computer had been hacked.”
The caller said the UK newspaper was in possession of the private material exchanged between Justice Huq and the Brussels-based expert and asked questions regarding this information.
This breach of privacy and asking a judge of the Supreme Court of Bangladesh questions amounted to interference with the trial process, said Justice Huq in his order.
Justice Huq said that Dr Ahmed Ziauddin’s privacy had also been compromised in a similar fashion — hacked email account — “which makes it clear that the persons who are involved in disturbing the ongoing processes of his Tribunal are involved in this matter”.
The order then directed The Economist Chief Editor and its South Asia Bureau Chief to explain why action should not be taken against them.
The order also directed them to keep the materials secret and confidential. The tribunal cautioned that violation of this order would result in appropriate action.
Source: bdnews24
