Despite extending all out cooperation to the newly-appointed ICT-1 chairman in the exercise of his judicial functions only a day before, no member from the prosecution panel appeared before the tribunal on Thursday.
Thursday was fixed for submitting a reply from the Human Rights Watch (HRW), a New York-based global rights body, before the tribunal to the show cause notice in connection with a contempt of court case filed by the prosecution.As the issue came up before the three-member International Crimes Tribunal, headed by Justice M Enayetur Rahim, locally engaged counsel for the HRW Barrister Anisul Hassan submitted a petition seeking adjournment for at least three months.
In support of his time petition, the counsel told the tribunal that a draft reply to the tribunal’s notice on contempt in order to contest the case has already been prepared, but it needs official authentication by Bangladesh Embassy in the USA.
The counsel further prayed for allowing HRW home attorney Dinah Pokemner to get the reply authenticated from the Bangladesh Embassy in the USA.
After ex parte hearing from the HRW counsel, the tribunal fixed March 6 for hearing on the plea over the authentication issue and asked him to submit the reply on the contempt notice on April 10.
Prosecutor Zead Al Malum, one of the contempt petitioners, could not be reached over his cell phone despite calling time and again for getting his view over their absence in the tribunal.
On September 2 last year, the tribunal issued notices upon HRW and its two officials asking to explain why contempt proceedings should not be drawn against them for publishing a ‘scandalous’ report on its judgment against ex-Jamaat-e-Islami ameer Ghulam Azam, a 1971 war crimes convict.
The tribunal passed the order, responding to a contempt petition placed by chief prosecutor Golam Arif Tipu with prosecutors Zead Al-Malum, Sultan Mahmud, Tureen Afroze and Taposh Kanti Boul.
The New York-based global rights body, HRW, represented by its board of directors, and its executive director (Asia Division) Brad Adams, and Associate (Asia Division) Storm Tiv have been made opposite parties in the contempt case.
After a month of the pronouncement of judgment, the HRW on August 16 last year released a report on its website, headlined ‘Bangladesh: Azam conviction based on flawed proceedings: Analysis outlines how fair trial rights of accused seriously compromised’.
The report claims that the trial of the former Jamaat-e-Islami chief was deeply flawed and it had not met the international standards. It says: “The judges improperly conducted an investigation on behalf of the prosecution and expressed concern over collusion and bias among prosecutors and judges.”
The HRW also expresses concern over the “failure to take steps to protect defence witnesses,” and “lack of evidence to establish guilt beyond reasonable doubt.”
It further claims that the defence counsels were not aware of the “investigation” and were thus unable to comment on or challenge the evidence which was a serious violation of article-14 of the International Covenant on Civil and Political Rights to which Bangladesh was a party.
On July 15, 2013, the tribunal sentenced Ghulam Azam to 90 years’ imprisonment finding him guilty of all five charges of the 1971 crimes against humanity and genocide against him.
Ghulam Azam has appealed against the verdict before the Appellate Division of the Supreme Court while the prosecution appealed against inadequate sentencing of the former Jamaat chief. Both the appeals are now pending before the apex court for disposal. – UNB
