The New York-based Human Rights Watch (HRW) has questioned the trial process of Jamaat-e-Islami’s guru and a war-crimes convict Ghulam Azam, an observation which has been viewed by Law Minister Shafique Ahmed as interference in a subjudiced matter.
In a statement on Friday, the human right group’s Asia Director Brad Adams said, “We sounded the alarm that the law and trial process were deficient, but the government ignored the warnings. The government has got the conviction it wanted, but it has failed to ensure a fair trial that settles once and for all whether Ghulam Azam was guilty.”
Human Rights Watch in the statement titled ‘Bangladesh: Azam Conviction Based on Flawed Proceedings’ listed five ‘flaws’ on the Ghulam Azam’s trial.
These are: Judges improperly conducted an investigation on behalf of the prosecution, collusion and bias among prosecutors and judges, failure to take steps to protect defense witnesses, changes in the trial court panel and lack of evidence to establish guilt beyond a reasonable doubt’.
HRW says, “Among the most serious problems is the fact that the judges stated that they conducted an investigation to make up for deficiencies in the case presented by the prosecution. Judges in Bangladesh are only empowered to examine the evidence placed in front of them by the parties to the case. The defense counsel was not aware of this investigation and was thus unable to comment on or challenge the evidence obtained by the judges, which constitutes a serious violation of article 14 of the International Covenant on Civil and Political Rights, to which Bangladesh is a party.”
“The investigation calls into serious question the impartiality of the court.”
“The ICT had not answered allegations of judicial bias raised by intercepted Skype and other communications in which The Economist revealed prohibited collusion between the judiciary, the prosecution, and the executive branch via an external consultant,” the HRW statement further added.
The HRW mentioned the controversy over former International Crimes Tribunal-1 Chairman Justice Nizamul Huq’s alleged Skype conversation with a Bangladeshi expatriate war crimes expert. Huq had resigned on December 11 last year following the controversy.
Former Jamaat chief Ghulam Azam being taken to ICT-1 on July 15.
On July 15, the first war crimes tribunal of Bangladesh sentenced former Jamaat chief Ghulam Azam to 90 years of imprisonment after finding him guilty of all five types of crime – conspiracy, planning, incitement, complicity (abetment) and murder.
However, the judges said taking into account his age and state of his health while passing the verdict, they spared him of death penalty.
While reading out the judgement, ICT-1 Chairman Justice ATM Fazle Kabir had said that Azam should have been given the maximum punishment for all his crimes. But he has been admitted at Bangabandhu Sheikh Mujib Medical University because of his delicate health since he was arrested. This verdict was given after taking his age and health condition into account, Kabir had said.
However, the conviction was greeted with ‘rejection’ and frustration from freedom fighters, pro-liberation war organisations, Shahbagh’s Ganajagaran Manch and even several Leftist political parties.
Prosecution said the nation got half justice as Azam did not get the death sentence.
Azam led the Jamaat-e-Islami during the 1971 Liberation War in erstwhile East Pakistan, emerging as the linchpin of collaboration with the Pakistani military junta. Auxiliary support forces and vigilante groups raised under his command perpetrated some of the horrendous atrocities during the war to protect the unity of Pakistan.
The prosecution has already appealed against his 90-years-in-prison sentence and called for the maximum penalty. The defence earlier had also appealed seeking acquittal.
Meanwhile, reacting to the HRW statement, Law Minister Shafique Ahmed on Friday told bdnews24.com, “The HRW statement tantamount to interference into an independent country’s internal matter despite trial process meeting international standards.”
“We have tried a crime as per our laws. A phase of this [Ghulam Azam case] trial has finished. The second phase is underway. The tribunal’s verdict will be evaluated there. No such comment can be made at this point.”
“They [HRW] are trying to influence the subjudiced matter through such observations.”
The court could charge the human rights group with ‘contempt’ taking its statement into cognisance, said the Law Minister.
However, HRW Asia Director Brad Adams in the statement said, “The problems with the Azam trial are manifold, and lead to the inescapable conclusion that there has been strong judicial bias towards the prosecution and grave violations of due process rights.”
Shafique Ahmed said, “Our trial process met all international standards. Many criminals does not get as much facilities as those tried here [ICT] are getting. Overall, there was no lack of transparency.”
“They are raising questions even though the court handed down the verdict after the charges were proved. We can take actions against them if the court considers it,” he added.
Source: Bd news24
