Halt Kamaruzzaman’s execution: HRW HRW. 09.11.2014./ dailystar. Dhaka:10..11.14/ MNA/sangram /amardesh Trial seriously flawed, the rights body says The death sentence against war criminal Muhammad Kamaruzzman should immediately be stayed, Human Rights Watch said today.The Jamaat-e-Islami leader should be granted a right to appeal against the death sentence, said a statement of the New York-based rights body published in its website.The HRW is deeply concerned at news that the government has ordered the authorities at Dhaka Central jail to make preparations for the execution of Kamaruzzaman convicted of war crimes committed during Bangladesh’s 1971 War of Independence. “Human Rights Watch opposes the death penalty in all circumstances as an irreversible, degrading, and cruel punishment,” said Brad Adams, Asia director at the HRW.“It is particularly problematic when proceedings do not meet fair trial standards and where the right to appeal against a death sentence by an independent court is not allowed,” the director added.The statement said Kamaruzzaman was transferred to Dhaka Central Jail following the appeals verdict, a signal that his execution is imminent. He and his counsel have yet to receive the full text of the final verdict, which is necessary for him to be able to lodge a petition for review of the decision within thirty days, a standard procedure in all death penalty cases.Government officials have indicated that the execution is possible before the full verdict is issued which goes against standard policy in death penalty cases, the HRW alleged.A presidential pardon, technically possible, is highly unlikely in these politically charged cases, it said.Kamaruzzaman was originally arrested in July 2010 on the orders of a special tribunal set up to prosecute war crimes committed during the 1971 war. He was given no reason for his arrest, leading to the UN Working Group on Arbitrary Detention to classify his arrest as arbitrary and a violation of international law, it claimed.Following a trial replete with procedural defects, Kamaruzzaman was sentenced to death in May 2013 after the International Crimes Tribunal found him guilty of participation in and planning of the unlawful killings of civilians in the village of Sohagpur in collaboration with the Pakistani army. On November 3, the Supreme Court on appeal upheld the trial court’s conviction. Kamaruzzaman’s death sentence was the third in a war crimes case in less than a week.Human Rights Watch noted that trials before the ICT including that of Kamaruzzaman have been replete with fair trial concerns. In Kamaruzzaman’s case, defence evidence, including witnesses and documents, were arbitrarily limited. Inconsistent prior and subsequent statements of critical witnesses were rejected by the court, denying the defence a chance to challenge the credibility of prosecution witnesses.This follows a disturbing precedent from other cases. In December 2013, Abdul Qader Mollah was hanged following hastily enacted retrospective legislation which is prohibited by international law, the HRW said.Another accused, Delwar Hossain Sayedee, was convicted in spite of credible allegations of the abduction by state forces of a key defence witness with the ICT refusing to order an independent investigation into the charge, it said.Human Rights Watch, the journalist David Bergman, and members of The Economist have all been tried for contempt for publishing articles critical of the trials, the statement mentioned. The HRW reiterated its long-standing call on the government of Bangladesh to restore fundamental rights protection to the war crimes accused.Article 47A (1) of the constitution specifically strips war crimes accused of their right to certain fundamental rights, including the right to an expeditious trial by an independent and impartial court or tribunal, and the right to move the courts to enforce their fundamental rights.This pernicious amendment to the constitution allows the ICT overly broad discretion to deny these accused the rights and procedures accorded to other criminal accused.“Human Rights Watch has long supported justice and accountability for the horrific crimes that occurred in 1971, but we have also stated repeatedly that these trials must meet international fair trial standards in order to properly deliver on those promises for the victims,” Adams said.“Delivering justice requires adhering to the highest standards, particularly when a life is at stake. The death penalty is irreversible and cruel, and Bangladesh needs to get rid of it once and for all,” he said. ======================================= Why Hasina does not want to follow international war crimes trial’s rule, regulation, procedure, why she does not want international observers to witness the proceedings? What she is afraid of? What she wants to hide? Dewan Monju Munshi, Freedom Fighter from SYLHETYT:07.11.14 An angry, foul mouth, sharp-tongued, inexperienced Foreign Minister & his cabinet colleagues, devoid of diplomatic or political nicety, protocol and procedure was not only insulting and abusing to every critic/political opponent, indigenous & foreigners alike but to demonstrate their loyalty, Hasina sycophancy and “BENGALI(?) PATRIOTISM” lashed out at Pakistan, USA, UNO, ARAB STATES, TURKEY, MUSLIM STATES, THE EU, E.U. AMBASSADOR IN DHAKA, BRITISH HOUSE OF LORDS, British ministers, American members of senate. HRW, Amnesty International, ICC, INTERNATIONAL JURISTS, Washington Post, Al Jazeera, The ECONOMIST, NEW YORK TIMES, DAWN, HRW, Barrister Bergman, a freelance journalist of international reputation, Barrister CADMAN , an expert on War crimes who participated in former Yogoslovakia’s war crimes trial (denied entry to Bangladesh to defend his clients, the accused) and any other who venture to criticise not the trial but the Rule, Regulation, Procedure, impartiality, competence of Hasina’s domestic Kangaroo court, manned A-Z by inexperienced, poorly educated party sycophants, political orators and rabble rousers. They used the most filthy, vulgar, rural Bengali vocabulary to hurl insult like an angry pack of Hyenas and abused the accused who were on the dock and not in a position to respond and without any protest from the political appointee “JUDGES”, some of whom were of Skype-gate conspiratorial notoriety and political appoointees. One could not even hide his political bias saying, “HOW ANYONE CAN MAKE THEM (JAMAAT LEADERS SENTENCED TO DEATH) MINISTER IN OUR INDEPENDENT BANGLADESH, IT WAS A SLAP ON THE FACE OF OUR FREEDOM STRUGGLE”!! It would not be long before Hasina appoint his the “ CHIEF JUSTICE OF BANGLADESH” To dupe the people home and abroad this politically motivated domestic Kangaroo court was named by the inexperienced Deputy Law minister as “INTERNATIONAL WAR CRIMES TRIBUNAL”. It is as if to name Hasina’s unelected, self-appointed parliament as “WESTMINSTER PARLIAMENT” arguing that “ Like our parliament HALF OF THE MEMBERS OF BRITISH PARLIAMENT ARE UNELECTED and because we follow the Westminster system hence we can name our parliament as “WESTMINSTER PARLIAMENT or MOTHER OF PARLIAMENT”, said one Dhaka university teacher on condition of anonymity. Or naming a Bengali University as CAMBRIDGE UNIVERSITY OF BANGLADESH” saying that “WE FOLLOW THE SYLLABUS AND CURRICULA OF THE CAMBRIDGE UNIVERSITY, HENCE WE CAN NAME OUR UNIVERSITY AS CAMBRIDGE UNIVERSITY”! Not the trial itself but Hasina’s politically motivated , vindictive domestic Kangaroo court’s procedure, legal system and if it has been in accordance with the international law and the standard of the ICC and was it applied to her most powerful political opponent, mostly Islamic leaders and few Islamic minded main opposition, the BNP leaders has become the bone of contention home and abroad. Barring the International observers watching the procedure has naturally made this politically motivated, vindictive Kangaroo court not a trial but a circus. This is a real travesty of justice. Hasina’s Deputy Foreign minister was not telling the truth and the entire world knows that: (1) In 1971 Pakistan was not in “OCCUPATION OF BANGLADESH” as the government prosecution’s charge sheets have shown. Bangladesh did not exists in 1971. It was a politically motivated charge that ICC would not accept as real or truth. Hence the ICCwas barred from observing the trial and its proceedings. So, (2) Pakistan army was not an “ARMY OF OCCUPATION” in 1971. But a member of UNO’s independent country defending its solidarity and for Pakistan do supportbits arjmny that time does not constitute a WAR CRIME”. (3) Not only JAMAAT-E-ISLAMI but Muslim League, Khilafat-e-Rabbani, Nizam-e-Islam, Democratic League and millions upon millions of their supporters supported the unity of Pakistan and opposed Indian army invasion. (See newspaper pictures and report of 1971 that are available), (4) Bangla Deputy Foreign minister’s claim is right that “ MOST BANGLADESHIS WANTED THE TRIALS OF WAR CRIMINALS AND PEOPLE WHO COMMITTED CRIMES AGAINST HUMANITY”. Jammat itself has time and time again stated that. So as well most of the members of the international community with the condition that ( ALL WAR CRIMINALS & PEOPLE WHO COMMITTED CRIMES AGAINST HUMANITY (INCLUDING THE BIHARIS, WEST PAKISTANIS AND THE BENGALI MUSLIM SUPPORTERS OF PAKISTAN ) BE TRIED TOO UNDER INTERNATIONAL LAW WITH INTERNATIONAL PARTICIPATION & THE COURT MUST BE IMPARTIAL, THAT WILL FULLY ABIDE BY THE INTERNATIONAL AS WELL AS ICC’S NORMS, STANDARD, LAWS, REGULATIONS, PROCEDURE. The question is why the Awami League oppose it? What theey have to hide, what tgheey aree afraid of. Justice MUST be done to the relatives of the victins as well as to the accused and their relatives. In Hasina’s Kangaroo court world has witnessed that the Investigative officers, their police companion, government prosecutors, Witneesses, Court protection forces, Judges, Governmeent lawyers, accusers, all were Awami Leaguers or communist/atheist suppoorters. All the victins were Muislims, not a single non Muslim has been charged with any war crimne or crime agaibnst humamity. Intermnational committee MUST find out what happened to the 38 mass graves where Pakistan army buried hundreads of Biharis, West Pakistanis !
Posted on: Mon, 10 Nov 2014 00:11:05 +0000
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