Why Fair Trials are Impossible under the ICT-BD?

The International Crimes Tribunal, Bangladesh (ICT-BD), reconstituted under the unconstitutional and illegal Yunus Regime, has been turned into a “kangaroo court” with partisan and compliant judges and prosecutors. It is simply not possible for the ICT-BD, in its current form and under the prevalent circumstances, to deliver any justice process compatible with international standards of fairness.

Partisan Prosecutors: The Yunus Regime appointed a long-term activist of Jamaat-E-Islami and AB Party (a Jamaat off-shoot) Advocate Tajul Islam as the Chief Prosecutor. He was the chief defence counsel for Jamaat leaders tried and convicted during the Awami League Government for genocide and crimes against humanity. Apart from Tajul, other prosecutors at the ICT-BD also have background of defending Jamaat’s war criminals and/or Jamaat politics. Long-term lobbyist for BNP and Jamaat-aligned war criminals, Toby Cadman, has been appointed as the adviser to the prosecution, completing the full “revenge set-up”.

Tajul already showed his continued allegiance to Jamaat when he recently appeared for the convicted war criminal ATM Azharul Islam in his review application at the Appellate Division, raising concerns about professional ethics and conflicts of interests. He also said recently, “once some verdicts are delivered by the ICT-BD, the outbursts and arrogance of leaders of the ousted Awami League regime will come to an end...". This shows a clear antagonism and animosity towards the specific group he is tasked with prosecuting and the objectives behind these trials.

Questionable Judges: None of the three judges appointed to the ICT-BD have any experience of dealing with international criminal law matters. One of the judges, Shafiul Alam Mahmud, was a lawyer with no experience of being a judge. He was involved with the bar politics of Bangladesh Nationalist Party (BNP) and was elected a member of the Supreme Court Bar Association on a BNP ticket. He was an active member of the BNP-backed ‘Bangladesh Nationalist Lawyers’ Forum’.

Predetermined Outcomes: Many of the comments made by the Chief Prosecutor Tajul made it clear that the processes underway at the ICT-BD have predetermined outcomes. For instance, he recently commented, "several cases against key figures of the previous admin are set to end before December." The trials haven’t even started. Under the circumstances, the Chief Prosecutor’s prediction regarding timing of verdicts shows that the trials are a mere formality and their outcomes are already determined.

Political and Executive Interference: Multiple comments from the leaders of the Yunus Regime-backed “King’s Party” (the National Citizens’ Party) and the “Mob-Brigade” (the Students Against Discrimination) have indicated that convictions are not only expected but must be guaranteed by the ICT-BD. They are talking of “hanging” people before “allowing” elections to take place. These statements are clear evidence of high-level political and executive interference in the processes underway at the ICT-BD.

General Climate of Fear: The ICT-BD is part of the general administration of justice in Bangladesh. It is not immune to the intimidating atmosphere which persists across the judiciary under the Yunus Regime. Mobs have forced the Chief Justice and the senior most judges of the Appellate Division to resign, and 12 High Court judges to refrain from judicial duties, on threats of actual physical violence. The Law Adviser and Home Adviser openly ask judges not to grant bails. Judges get transferred if they question such interfering instructions. Lawyers and defendants get attacked in court premises in full view of law enforcement agents. Defence lawyers are routinely shouted down by BNP-Jamaat aligned prosecutors during proceedings. Some defence lawyers have even been arrested simply for representing people associated with the Awami League.

With judges of questionable allegiance and competence, prosecutors with strong political and revenge motivations, mobs intimidating the highest courts, lawyers being arrested and attacked for discharging their professional duties, the govt dictating judges, political forces aligned with the regime demanding public executions, what chance does fairness have?