GENEVA (07 February 2013) – Two United Nations human rights experts
expressed concern on Thursday about the death sentence passed by the
International Crimes Tribunal in Bangladesh against Mr. Abdul Kalam
Azad, following a trial conducted in absentia that did not provide for
all the guarantees of a fair trial and due process. In a second verdict
issued on 5 February, the Tribunal sentenced Mr. Abdul Kader Molla to
life imprisonment. Judicial proceedings are underway in several other
cases and there is a risk that the defendants could also be sentenced to
death.
“Given the historic importance of these trials and the possible
application of the death penalty, it is vitally important that all
defendants before the Tribunal receive a fair trial,” said the two UN
Special Rapporteurs.
Christof Heyns, the UN Special Rapporteur on extrajudicial, summary
or arbitrary executions, expressed alarm at the fair trial and due
process concerns raised during proceedings that led to the imposition of
the death penalty against Mr. Azad, including that the trial was
conducted in absentia. “International law requires compliance with the
most stringent fair trial and due process guarantees in cases where
death sentences are imposed,” he stressed.
“Capital punishment may be imposed only following proceedings that
give all possible safeguards to ensure a fair trial and due process, at
least equal to those stipulated in the International Covenant on Civil
and Political Rights, to which Bangladesh is a State party,” he added.
“I am concerned by questions that have been raised about the
impartiality of judges and prosecution services of the Tribunal, as well
as their independence from the executive,” said Gabriela Knaul, the UN
Special Rapporteur on the independence of judges and lawyers. “Witnesses
and lawyers for the defence have also complained about an atmosphere of
hostility, intimidation and harassment,” she added.
“Due process requires at a minimum that defendants are able to speak
freely with their counsel, have adequate time to conduct their defence,
and the ability to call witnesses to speak on their behalf,” Ms. Knaul
said. “The principle of equality of arms should be respected at all
stages of the proceedings.”
The Bangladesh International Crimes Tribunal established by the
Government of Bangladesh in March 2010 is in fact as a domestic court
with the jurisdiction and competence to try and punish any person
accused of committing atrocities, including genocide, war crimes and
crimes against humanity, in Bangladesh, including during the country’s
1971 independence war.
The experts stressed that any shortcomings in the trial proceedings
should be carefully examined during any appeal. “A credible appeal
process also constitutes an imperative component of fair trial
guarantees, particularly in instances, where the death penalty has been
imposed,” they noted.
“The Tribunal is an important platform to address serious crimes from
the past, which makes it all the more important that it respects the
basic elements of fair trial and due process,” concluded the experts.
ENDS
UN Human Rights, country page - Bangladesh:
http://www.ohchr.org/EN/Countries/AsiaRegion/Pages/BDIndex.aspx
For more information log on to:
Special Rapporteur on extrajudicial, summary or arbitrary executions:
http://www.ohchr.org/EN/Issues/Executions/Pages/SRExecutionsIndex.aspxSpecial Rapporteur on the independence of judges and lawyers:
http://www.ohchr.org/EN/Issues/Judiciary/Pages/IDPIndex.aspx
For more information and media requests, please contact Amanda Flores (+41 22 917 9186 or
aflores@ohchr.org)
For media inquiries related to other UN independent experts:
Cécile Pouilly, UN Human Rights – Media Unit (+ 41 22 917 9310 /
cpouilly@ohchr.org)
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Photo 1 : Who are all these in the dress of Elite Force RAB? they do not seem to be RAB members. People says, these are ruling party Awami League thugs to kill opposition activists.
Police : Torturing people to death. this is the Awami Police of Bangladesh. A shame to the humanity. 
Photo : In presence of POLICE, ruling party thugs are vandalizing and destroying the Islami Bank and other Financial Offices in #Sylhet 
Photo : Who are in civil dress shooting to the Protesters DIRECTLY? where protesters are totally UNARMED? why is this? it was the day of #GENOCIDE #Feb28
Photo : Police torturing a Muslim bringing him out of the mosque in the day of protest against slanderer of Dearest Prophet (Peace Be Upon Him)
