Archive for category ICT of Bangladesh
On Tuesday, October 21, the Judge of Pre-Trial Chamber II at the ICC ordered the release of several individuals connected to the Case of Prosecutor v. Bemba, Kilolo, et. al. The Judge, Cuno Tarfusser, considered the circumstances of detention for several members of Mr. Bemba’s defense team, a defense witness, and one other individual from the DRC government. The four were detained in November 2013 for allegedly obstructing justice in the Case of Mr. Bemba. Judge Tarfusser ordered release for the four to ensure pre-trial detention was not disproportionately long for the charges. A confirmation of charges decision is anticipated, and any corresponding detention will be decided at that time. (ICC Press Release)
On Monday, the ex-mayor of Providencia was arrested for allegedly perpetrating crimes including homicide and torture during the Pinochet Regime. Christian Labbe Galilea will be prosecuted along with nine other regime leaders, for acts committed as a member of the DINA Secret Police. The human rights division of the Chile Interior Ministry pursued the charges against the former military leaders, and indicated that they would contact Brazilian authorities regarding alleged torture training conducted in 1972-1973 in Brazil. Defense attorneys for Labbe said they would appeal the charges and seek unlawful association charges. (BBC, Reuters) For additional information on this topic, please click here.
The International Crimes Tribunal – 1 announced it would consider charges against three accused on November 5. The three suspects, Sheikh Sirajul Haque, Khan Akram Hossain, and Abdul Latif Talukdar, allegedly committed murder and other crimes during the Liberation War of 1971. Mr. Haque was said to have killed more than 650 civilians, while the two other individuals were alleged to have converted hundreds of Hindus and murdered several civilians. (Daily Star)
Citing UN report, Commissioner Pillay highlights continuing crimes in Syria: Commissioner Pillay has voiced frustration about the continuation of violence, which is ongoing in civil war. It is estimated that 191,000 have died as a result of the conflict. Pilly calls for the international community to awake from its paralysis so as to contribute to an end to fighting. For additional information on this topic, please click here.) (Reuters, Guardian).
ICT of Bangladesh anticipates Qaisar verdict: The verdict on the war crimes accused former state minister of Jatiya Party Syed Mihammad Qausar is expected any day. Qaisar was indicted on February 2 on 16 charges of crimes against humanity, which he had alledgedly committed in Habiganj and Brahmanbaria during the 1971 Liberation War. (Dhaka Trib).
Sri Lanka refuses entry to UN Investigators: The Sri Lankan government has decided not to grant visas to UN investigators tasked with probing for evidence in connection with war crimes committed during the country’s decade long separatist conflict. The UNHRC estimates that as many as 40,000 civilians may have been killed during the final months of the conflict. The Sri Lankan government believes the investigation will fail to be impartial. For additional information on this topic, please click here.) (Yahho, IBtimes).
UN Commissioner warns of crimes against humanity in Iraq: The UN human rights chief has affirmed the condemnation of the war crimes being committed in Iraq by the group ISIL. There are reports of murder, kidnapping, ethnic cleansing and slavery. Such atrocities are likely to amount to war crimes and crimes against humanity. The Commissioner Pillay urges the international community to ensure that the perpetrators do not escape with impunity. (UN News).
Lawmakers urge government to act quickly against STL summons of local editors: On Wednesday, 30 April 2014, Lebanese lawmakers urged the “government to act quickly and efficiently to protect” freedom of the press. The call from the lawmakers came one week after the Special Tribunal for Lebanon summoned two news editors accused of disclosing the alleged names of witnesses on various media outlets. Ibrahim Amine and Karma Khayyat face charges of contempt of court and disrupting justice. (The Daily Star).
UK calls for swift probe into Syria chemical weapons use: British Foreign Secretary William Hague has called upon the Organisation for the Prohibition of Chemical Weapons (OPCW) to conduct a timely investigation into chemical weapons attack by the Syrian government. In the last two weeks, eight separate attacks using chlorine and ammonia have been carried out against civilians killing several and leaving hundreds seriously injured. OPCW has reported that the Syrian government accepts the investigation and will provide security measures. (The Telegraph).
Prosecution seeks capital punishment for Jamaat-e-Islami leader: ICT of Bangladesh: In closing arguments at the International Crimes Tribunal-2 today, 30 April 2014, Prosecutor Tureen Afroz asked for the death penalty in the case against Jamaat-e-Islami leader Mir Quasem Ali. Quasem is accused of torture and murder at an Al-Badr camp during the country’s 1971 Liberation War. Prosecutor Tureen argued the evidence proved beyond a reasonable doubt that Quasem controlled the Al-Badr torture camp and was present during the commission of the alleged crimes. (The Daily Star).
ICTY Prosecutor comments on reconsideration motion in Perišić case: On Monday, 3 February 2014, ICTY Prosecutor Serge Brammertz announced that his Office requested that the ICTY Appeals Chamber reconsider its acquittal of Momčilo Perišić, the former Chief of Staff of the Yugoslav Army, who had been convicted to 27 years in prison for aiding and abetting crimes committed in Sarajevo and Srebrenica between 1993 and 1995. In its motion for reconsideration, the Office of the Prosecutor argued that the “specific direction” requirements on which the Appeals Chamber based the acquittal is incorrect and should be overturned. (ICTY).
Witness from explosive unit testified at STL: On Monday, 3 February 2014, Abdel-Badih al-Soussi, who was the manager of the explosives unit of the Internal Security Forces at the time Prime Minister Rafik Hariri was assassinated, testified before the STL. Although he had not gone to the crime scene immediately following the explosion, he had attended a meeting at the military court that afternoon, to which a member of the explosives bureau had brought car parts from the site. The judge ordered that the parts be examined and the site cordoned off to the public. Soussi testified that he did not ask that the car parts be returned to the crime scene, nor did the judge discuss during the meeting whether parts of the motorcade should be removed. (The Daily Star).
Judge replaced on Kenyatta Trial Chamber: Following a decision by the Presidency of the ICC, Judge Geoffrey A. Henderson replaced Judge Chile Eboe-Osuji in the case against Kenyan President Uhuru Kenyatta before Trial Chamber V(b). Judge Henderson is from Trinidad and Tobago, and was elected at the Assembly of States Parties to the Rome Statute in November 2013. He will serve as a judge at the ICC until 10 March 2021. Judge Eboe-Osuji had excused himself from the trial. (ICC-CPI).
U.S. urged to suspend aid due to human rights violations in Egypt: On Monday, 3 February 2014, the Working Group on Egypt, as part of the NGO Human Rights First, released a statement that it had sent a letter to U.S. President Obama, urging his administration to cease sending aid to Egypt until the Egyptian government progresses in transitioning to a democracy and improves human rights conditions within the country. According to the NGO, depriving Egypt of aid until progress has been made sends a clear signal that the U.S. does not tolerate the human rights abuses that have occurred in Egypt, which are documented in a report the group recently released. (Human Rights First).
Former Bangladeshi Minister indicted for war crimes: On Sunday, 2 February 2014, the International Crimes Tribunal-2 indicted Syed Mohammad Qaisar, a former Bangladeshi minister from the Jatiya Party, on 16 charges of war crimes, including the commission of genocide. He and his group, the “Quaisar Bahini”, allegedly committed crimes against humanity in Habiganj and Brahmanbaria during the 1971 Liberation War. According to the prosecution, Quaisar had also served as a commander of the Rajakars, which was an auxiliary group of the former Pakistani army. The opening statement of the prosecution will be made on 4 March 2014. (Z News).
AU issues statement urging united front concerning ICC and Kenya, Sudan cases: In a statement issued Saturday, 1 February 2014, the AU expressed that it was not pleased with the UN Security Council’s refusal to defer the trials of Kenyan President Uhuru Kenyatta, Kenyan Deputy President William Ruto, and Sudanese President Omar Al Bashir. The AU encouraged all of its members to comply with AU decisions and stand together on this issue in order to defer the proceedings. Botswana is currently the only AU member state that has officially opposed the AU’s decision to challenge the ICC cases. (Sudan Tribune).
HRW warns of sentence against ICT defendant Mollah: HRW objects to the death sentence given to Abdul Qader Mollah by the Bangladeshi government. Mollah was originally convicted and sentenced by the ICT on February 5, 2013. However, in response to public outcry, the government passed amendments to the ICT law, allowing the prosecution to appeal the sentence and to seek the death penalty. HRW warns against the hanging of Mollah on the basis of retroactive legislation. (HRW).
UN publishes report on violence against women in Afghanistan: The report examines the implementation results of the Law on Elimination of Violence against Women from October 2012 to September 2013 by Afghan judicial and law enforcement authorities. The report suggests an overall positive trend but the Afghan authorities have a long way to go before any long lasting achievements can be made in regard to the protection of women. (UN Missions).
Prosecution witness says Mladic exercised control over Bosnian troops: Military analyst, Reynaud Theunens, testified at the trial of Mladic and told the Hague tribunal that the defendant had “effective control” over military operations. Reynaud is the last witness to appear in the prosecution case against Mladic and the defense is expected to present its case in May 2014. (IWPR).
CAR in midst of ongoing humanitarian crisis, UN warns: The UN says that the humanitarian situation in the CAR is deteriating at an alarming rate. A rise in violence and a lack of basic health facilities is largely responsible for the rise in the death toll. The UN has called for an end to the violence and intensified its operations to provide food, water, and shelter for the time being. (UN News).
Security Council hears testimony of security concerns in Libya: The top UN official in Libya states that the continued instability in Libya highlights the need for dialogue between the Government and the armed militias. Progress has been made toward a democratic transition within the country by way of voter registration but a number of obstacles still remain. (UN News).
Sang opposes deferral of his ICC case: Joshua Arap Sang is against the deferral of his case before the ICC and would like to have his case heard as soon as possible, even though he noted that he understood why Kenyan President Uhuru Kenyatta and Deputy President William Ruto are pushing for a deferral of their cases. He explained that he respects their mandates in Kenya, but that deferral is unnecessary in his own case because he has no such duties. Sang is indicted with committing crimes against humanity in the post-election violence in Kenya. (Standard).
Students and educators demand charges against Qaisar; ICT prosecution to charge soon: The ICT prosecution will likely submit formal charges against Syed Mohammad Qaisar to the ICT, which will decide whether or not to accept the charges after examining the documents prepared by the prosecution. Qaisar, who is allegedly the leader and founder of the “Qaisar Force”, which was associated with the Pakistani army during the war, will likely be charged with committing crimes against humanity and genocide in the 1971 Liberation War. On Saturday, 10 November 2013, attendees of a “Student-Teacher Rally” urged the government to immediately execute the verdict and punish those who committed war crimes. They also demanded a ban on Jamaat-e-Islami politics and the politics of its student wing Islami Chattra Shibir. (To read more about this topic, please click here.) (The Daily Star, Dhaka Tribune).
EULEX charges against former Kosovo rebels: A EU prosecutor indicted 15 former Kosovo rebels last week, charging them for allegedly killing and torturing civilians at a detention center in Kosovo in the 1998-99 separatist war with Serbia. Though the EU rule of law mission (EULEX), which prosecutes war crimes cases in Kosovo, did not name the defendants, the defendants reportedly include members of Prime Minister Hashim Thaci’s Democratic Party of Kosovo. Some of the defense lawyers have rejected the charges. The case will be heard before the Mitrovica Basic Court in Kosovo. (BBC).
ICRC clears Sri Lankan Army of IHL violations against LTTE: In a cable signed 15 July 2009, which has since been leaked through the WikiLeaks database, U.S. Ambassador to Geneva Clint Williamson stated that Jacques de Maio, the Head of Operations for South Asia of the International Committee of the Red Cross (ICRC), had disclosed that the Sri Lankan Army had purposely chosen a slow approach in the civil war against the Liberation Tigers of Tamil Eelam (LTTE), choosing a high number of military deaths over high civilian casualties, which a faster battle would have brought about. According to de Maio, the Sri Lankan Army had taken allegations of International Humanitarian Law violations into consideration during the war and changed its tactics to reduce civilian deaths, meaning it did not commit crimes against humanity. (The Nation).
Kenyan DPP wants Barasa tried before the ICC: Keriako Tobiko, the Director of Public Prosecution (DPP) of Kenya, wants journalist Walter Barasa to be tried at the ICC, because no investigation or prosecution has been initiated against Barasa in Kenya. The DPP has also opposed Barasa’s request to be provided with the documents of his case. The ICC has charged Barasa with interfering with witnesses in the cases against Kenyan Deputy President William Ruto and journalist Joshua Arap Sang, and wants to extradite Barasa to The Hague. (AllAfrica).
UN urges international donors to fund Khmer Rouge tribunal: UN Deputy Secretary-General Jan Eliasson appealed to international donors and the Cambodian government to fund the Khmer Rouge tribunal. He said that in order to hold Khmer Rouge leaders accountable, the tribunal must be supported financially, because “[w]ords do not pay the bills.” The Court’s budget for the coming year has been scaled back, and evidentiary hearings of the Court’s second trial are expected to begin soon. (The Phnom Penh Post).
ECCC defendants maintain not-guilty at closing arguments: On 31 October 2013, the two surviving former leaders of Cambodia’s Khmer Rouge asked to be acquitted as closing arguments were made at the ECCC. Nuon Chea and Khieu were initially charged with crimes against humanity. It is expected that a verdict will be delivered in the first half of 2014. (UN News).
In absentia death sentences for two ICT-Bangladesh defendants: On 3 November 2013, Chowdhury Mueen Uddin and Ashrafuzzaman Khan were found guilty of carrying out episodes of torture and murder during the war of independence from Pakistan in 1971. Defense lawyers are calling the trial a farce while veterans of the war were said to be cheering the decision. (Reuters).
Kenya ICC trial delayed; encouraged by UN African members: Rwanda, Togo and Morocco circulated a draft resolution among UN Security Council members this last Friday asking to defer the ICC trials of President Kenyatta and his deputy Ruto for one year. The Security Council has the ability to defer ICC proceedings for one year under Article 16 of the Rome Statute. (For more information on this topic, please click here, here.) (Reuters, CNN).