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Report of International Jurists’ Commission: Recommendation for stop the trial of War Crimes.
Monday, 28 January 2013
International Jurists Union or the Commission has recommended for
suspension of all judgment of War Crimes including Maulana Abul Kalam
Azad arising question about process of ongoing war crimes tribunal.
They said that Bangladesh cannot give security of free trial process.
It is essential to transfer this trial to the International Criminal
Court (ICC). Bangladesh is a signatory state in Rome Edict. If
Bangladesh is not able to transfer this case to ICC and does not give
the security of fair trials, the United Nations can establish an
investigation commission for it. The United Nations Council may decide
to transfer such kind of case to ICC according to law of Rome 13 (b)
Section. A delegation team of the Union established with justice of 32
countries stays in Bangladesh and expresses a report after monitoring
the process of trial of Tribunal. The delegation team mentioned this
Tribunal as a Domestic Court and expresses a recommendation of 12
articles to ensure free and fair trial. Jurists Commission is working
to establish The Human Rights, protection of human dignity and the
rule of law in world wide. They express report regarding violations of
human rights.  Recently one of their investigation team come to this
country and monitor so called trial and they observe how this trial is
going on expressing the allegation of incident of 40 years earlier.
They stay in Bangladesh for five days. They meet with law minister,
Chief Prosecutor, the main opposition party, the President of Supreme
Court Bar Association, investigation officer, and the accused party\'s
lawyers. Learned representatives were present in the time of hearing
and observe whether it is neutral. It is said by Jurists Commission,
Bangladesh is a sovereign state. But the global community cannot but
worry whenever the human rights of its citizens are violated in this
country. The Commission said about the trial of crimes against
humanity that the International Criminal Court Code passed in the
Parliament after Liberation War of Bangladesh in 1973. This law was
amended two times in 2009 and 2012. It is said in perspective of this
law that court will operate process of trial independently and
impartially. But a question arises in different reason. In fact, the
current situation the people of the world are deeply concerned about
trial because of not being impartial and fair. Firstly the accused are
being deprived in ICT (International Criminal Tribunal). However the
judge, prosecutors investigation officer are appointed by government.
International quarter is concerned for filing case against the two top
leaders of ICT Alliance coalition. The Commission thinks that ICT are
away from neutral process of trial. International human rights
organizations have already expressed deep concern. Jurists Commission
also said that the authority of ICT was supposed to be international
standards. ICT cannot be international standards because of not
appointing the Judge, its prosecutors, the member of investigation
committee on behalf of accused. Commission strongly has recommended to
stop trial and keeping away from implementing verdict against Maulana
Abul Kalam Azad. Bangladesh cannot ensure free and fair justice. UN
Security Council may come forward to this trial. IJU has recommended
12 article attracting Bangladesh Government to ensure transparency and
impartiality of ongoing so called Crimes against humanity. These are
(1) free political interference,(2) ICT has to defined clearly about
the violation of law. (3) it is needed to appoint justice neutrally.
(4) The justice should be appointed through an independent committee.
(5) All activities of present Tribunal will be canceled and start
anew. (6) The existing law and the new non-partisan judge and
prosecutor have to be appointed. (7) it is needed to investigate the
misuses of power of employee.. (8) The accused will have to be enjoyed
all rights. (9) The Justice department should be free from political
pressure. (10) Who are creating pressure? It is fit to investigate.
(11) International standards of human rights have to maintain. (12)
Tribunal has to be fit for international observers. In conclusion of
the report International Jurists Commission made it clear that it is
needed to transfer this case to International Criminal Court (ICC), if
Bangladesh government fails to maintain international standards. The
UN Security Council may come forward for this situation.