Bangladesh should set up an effective mechanism to protect witnesses deposing before the International Crimes Tribunal (ICT), Human Rights Watch has said.
The human rights organisation issued the statement after recent attacks on prosecution witness who have deposed against the war criminals.
Earlier this month Mostafa Howlader, a prosecution witness against war crimes convict Delwar Hossain Sayedee was killed.
Human Rights Watch also called for an independent, transparent, and speedy investigation into the killing of Howlader.
Mostafa Howlader succumbed to his injuries on Dec 10 at the Dhaka Medical College Hospital after being attacked by unknown assailants in his home.
“War crimes trials have become flashpoints for political tension and violence in Bangladesh,” said Asia director Brad Adams, adding, “The killing of a prosecution witness will frighten witnesses, and some may choose not to testify.”
The HRW said local police were assigned to protect Howlader, who had been receiving death threats from unknown callers.
His son said police gave him protection only when he went out and later on his way back home, but that left him vulnerable when at home.
Howlader’s family members reported to Human Rights Watch that the attacker had first attempted to “chop” off Howlader’s wife, seriously injuring her in the arm, before proceeding to attack Howlader with a machete.
An initial police statement claimed that it was a botched burglary.
Police subsequently said preliminary investigations indicated the assailants were Jamaat supporters.
An enquiry is on and six suspects have been arrested.
Jamaat has denied any involvement in the attack.
“Witnesses, who often live in remote villages, need proper protection before, during, and after they give testimony in court,” Adams said. “The state has failed Howlader and his family. A genuine system of witness protection should be evolved, one that does not ask victims to choose between their safety and feeding their families.”
In another attack on a witness, Ranjit Kumar Nath, who testified against Jamaat Secretary General Ali Mohammed Mujaheed, reported that petrol bombs had been flung at his shop and home around midnight on Dec 15.
His shop was partially burned, but the bomb flung at his home did not explode.
Like Howlader, Nath had previously reported threats against him after he testified in the ICT.
Although he had filed an official complaint, he was not given any police protection.
Human Rights Watch said it had received reports of threats against other witnesses.
Bangladeshi media have reported attacks on the houses of Justice Fazle Kabir and Justice Surendra Kumar Sinha, who were on the panel of judges that sentenced Jamaat leader Abdul Quader Molla to death.
On Dec 10, ICT Judge Kabir, commenting specifically on Howlader’s death, called on the prosecution to ensure security for witnesses.
“It is not acceptable in an independent country that a witness is killed for testifying in the court.”
Human Rights Watch and others called for the establishment of a formal witness protection system before the trials began in 2010.
Officials claim a programme has been established, but it is ad hoc and informal, resulting in weaknesses that led to Howlader’s death.
The authorities should establish a neutral office, under the ICT Registrar, tasked specifically with protection and support services to witnesses during pre-trial, trial, and post-trial stages, following models established by international tribunals, including the International Criminal Court.
For such an office to be effective, however, it must be adequately resourced and officers working in the unit should be properly trained in assessing protection concerns of witnesses referred to them by either party or the bench.
Amendments made to the ICT Act in 2011 authorised the tribunal to ensure the physical safety of witnesses, including ordering in camera proceedings if necessary, but stopped short of setting up a formal witness protection program.
The attack on Howlader and reports of threats against other witnesses are likely to deter other witnesses, particularly in the surcharged climate in Bangladesh over the conduct of the trials carried out by the ICT, it said.
Human Rights Watch called for all sides to these contested trials to refrain from violence against those involved in the trials in any capacity.
In particular, Human Rights Watch called on the Jamaat-e-Islami to cooperate with the police in investigations against its members.
Jamaat has made public statements to its members to renounce any form of reprisal, whether physical or verbal, against those they perceive are aiding the trials against their leadership.
“But the party must show that these words translate into action,” the report said.
“Human Rights Watch has long supported a fair and impartial justice process for the 1971 war crimes,” Adams said. “But without prompt action, witnesses have every reason to fear reprisals and therefore refuse to testify. The judges should use their powers to order protection for witnesses who appear before them, and this power must be actively harnessed.”-bdnews24.com
