Lord Eric Avebury on Bangladesh war crimes

International Bangladesh Foundation

Patron Lord Dholakia Chair Lord Avebury

315 Collier Row Lane, Romford, Essex RM5 3ND

Tel: 01708 448055 Fax 01708 470 256

http://hem.bredband.net/secularvoice/

30 May 2010

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Bangladesh has made all preparations for war crimes trial: Syed Ashraf

Syed Ashraful Islam, LGRD minister, who is here in London on a short visit, met Lord Avebury, Vice Chair of UK’s All Party Parliamentary Group on Human Rights, Chairman of Bangladesh International Foundation & Co-Chair, Chittagong Hill Tracts Commission on Friday 30 May 2010 to discuss issues of mutual interest.

He informed Lord Avebury that Bangladesh has made all preparations to seek justice for the victims of Bangladesh War of 1971.

Syed Ashraful Islam said in order to initiate trial against those accused of war crimes, crimes against humanity, genocide, torture, rape and murder of civilians, tribunal and prosecution teams have been established. Prosecution team has already started its work.

Lord Avebury supported the initiative taken by the government to try the war criminals but enquired about concerns raised about the trial process in a report by the International Bar Association (IBA) to the Parliamentary Hyman Rights Group Syed Ashraf said the Bangladesh government had amended the 1973 Act to bring it into conformity with international judicial norms including rights of appeal and open and transparent court proceedings. The Government had ratified the Rome Statute on the International Criminal Court to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, but this applied only to crimes committed since the Rome Statute came into force such as the attempted assassination of Sheikh Hasina. Syed Ashraful Islam said members of the IBA would be welcome to visit Bangladesh.

On Chittagong Hill Tracts Syed Ashraf said the he had recently visited Chittagong to ensure the peaceful coexistence of both indigenous population and Bengalis. The Rohingya issue was also discussed. It was agreed that the land issue was critical, and Lord Avebury re-emphasised the conclusion of the CHT Commission in their last report, that the settlement of individual disputes between holders of land by traditional communal title and those who were later granted individual plots by District Commissioners should be settled before the CHT Land Commission launched its general survey.

The meeting was attended by Joint Secretaries of International Bangladesh Foundation Sujit Sen & Ansar Ahmed Ullah, human rights activists Sunahwar Ali from Bangladesh and Raktim Das from the Russian Federation.

Syed Ashraful Islam formally invited Lord Avebury to Bangladesh who gladly accepted the invitation, but said it would have to be later than his next visit as vice-chair of the CHT Commission in the summer.

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War Crimes trials should comply with international standards said Lord Avebury, Vice-Chair, Parliamentary Human Rights Group UK

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Statement by the office of Lord Avebury, Vice-Chair, Parliamentary Human Rights Group

June 24, 2010

War Crimes trials should comply with international standards

At the request of the All-Party Parliamentary Human Rights Group (PHRG), the War Crimes Committee of the International Bar Association (IBA) examined the compatibility with international standards of the legislation under which the government of Bangladesh intends to hold trials of persons accused of war crimes and crimes against humanity in the war of independence in 1971 . The purpose was not to challenge the right of Bangladesh to try the perpetrators of these crimes, but to ensure that no objection to the proceedings would be likely to arise on the grounds that the 1973 Act was not in conformity with developments in the legal standards developed over the last 37 years.

At the end of 2009 the War Crimes Committee reported its findings to the PHRG, and after internal consideration, the report was sent to the Bangladesh High Commissioner under cover of a letter from the Chair of the PHRG, Ms Ann Clwyd, requesting that it be transmitted to relevant Ministers in Bangladesh, and asking for their comments.

A seminar was held on June 24 in Committee Room 3 of the House of Lords to discuss the IBA report, and the High Commissioner finally sent his government’s comments on June 21. He was unable to attend the seminar or to send a representative.

The main speakers were:

Stuart Alford, Chair of the War Crimes Committee of the International Bar Association
Khandker Mahbub Hossain, President of Supreme Court Bar Association of Bangladesh
Christopher Keith Hall, Senior Legal Adviser, International Justice Project, Amnesty International
Toby Cadman, International Bar Association

The representatives of the IBA reiterated that they would be ready to give detailed advice to the government of Bangladesh on how the legislation could be amended so as to comply with recent norms of international law, in line with models such as the Rome Statute on the International Criminal Court, the International Criminal Tribunal on the former Yugoslavia, the International Criminal Tribunal on Rwanda, and national tribunals such as those in East Timor and Sierra Leone. They added that there no doubt were other international legal authorities who would be prepared to offer constructive advice if it were requested.

Lord Avebury undertook to convey this offer of a dialogue to the authorities in Bangladesh


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