78-560: International Crimes Tribunal or International Criminal Tribunal may refer to: International Crimes Tribunal (Bangladesh) International Criminal Tribunal for the former Yugoslavia (ICTY) International Criminal Tribunal for Rwanda (ICTR) various ones for crimes against humanity, see Crimes against humanity See also [ edit ] International Criminal Court International Court of Justice World Court (disambiguation) ICT (disambiguation) Topics referred to by
156-502: A criminal offence" who is in Mr. Colozza’s position, that person should, once he becomes aware of the proceedings, be able to obtain, from a court which has heard him, a fresh determination of the merits of the charge. The Human Rights Committee (HRC) examined Monguya Mbenge v. Zaire (1990) in which the applicant was sentenced to death while exiled in Belgium and was only able to learn of
234-491: A defendant in absentia is represented by court-appointed counsel and where he or she has an opportunity to be re-tried, the right to a fair trial will not be violated. The committee disagreed, describing Italy's position as: clearly insufficient to lift the burden placed on the State party if it is to justify trying an accused in absentia. It was incumbent on the court that tried the case to verify that [Maleki] had been informed of
312-469: A defendant may forfeit the right to be present at trial through disruptive behavior , or through his or her voluntary absence after trial has begun. In 1993, the Supreme Court revisited Rule 43 in the case of Crosby v. United States . The Court unanimously held, in an opinion written by Justice Harry Blackmun , that Rule 43 does not permit the trial in absentia of a defendant who is absent at
390-857: A general strike in Dhaka that erupted in violence. Following the verdict, large-scale, non-violent protests started on 5 February 2013 in Dhaka, with demonstrators calling for the death penalty for Mollah and any others convicted of war crimes. Tens of thousands of people filled the Shahbag intersection, with more coming in the days following. The protest spread to other parts of the country, with sit-ins and demonstrations taking place in Chittagong , Sylhet , Barisal , Mymensingh , Khulna , Rajbari , Rajshahi , Rangpur , Sunamganj , Noakhali and Narsingdi . Following these mass protests, in September 2013
468-399: A general strike nationwide on 4 December 2012, which erupted in violence. The group demanded the tribunal be scrapped permanently and their leaders be released immediately. Annual public opinion polls regularly rank the war-crimes trials ranked among the top three "positive steps that the government has taken", though the issue is not considered among the top ten most pressing issues facing
546-504: A manner specified by law. In general, the Czech Criminal Procedural Code requires the presence of the defendant in any criminal proceedings. The code recognizes the following exemptions from this rule, when criminal proceedings may be conducted without the presence of the person charged: Apart from the aforementioned cases of in absentia proceedings in the narrow sense, the defendant may also be absent during
624-614: A member of the parliament (MP) from the Awami League (AL), proposed taking action to establish a tribunal to prosecute war crimes during a session of the Jatiyo Sangshad . A resolution was passed unanimously calling on the government to proceed as promised in the election. In 1973 the newly independent government of Bangladesh passed a law, the International Crimes (Tribunals) Act (ICT Act 1973), to authorise
702-494: A part of the amendment procedure, the government sent the act to the Law Commission, where it was scrutinised by specialist lawyers, judges and professors of the universities. On 9 July 2009, Parliament amended the act as recommended by the commission. The amendments provided that a political party that had worked against the liberation of Bangladesh could be tried on the same charges as individuals. They also authorised
780-600: A seven-member investigation agency, and a twelve-member prosecution team to hold the trials according to the ICT Act of 1973. This landmark announcement was made on the 39th anniversary of the Operation Searchlight massacre by the Pakistan Army on 25 March 1971. The three judges appointed were Mohammed Nizamul Huq as chairman, with A.T.M. Fazle Kabir and A.K.M. Zahir Ahmed. Persons appointed to
858-489: A summons prior to being tried. In this sense, the ministers are emphasizing that it is not the presence of the accused at the hearing that is of importance, rather the focus should be on whether or not the individual was informed of the trial in time. In a 1985 judgement in the case Colozza v Italy , the European Court of Human Rights stressed that a person charged with a criminal offence is entitled to take part in
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#1732766085865936-438: A trial in absentia can be considered compatible with Article 6, the right to a fair trial . According to Pieter Cleppe of the think-tank Open Europe , in parts of Europe, in absentia trials essentially give defendants the ability to appeal twice—asking for a retrial at which they would be present and then potentially appealing the second verdict. There are some guarantees in the legal system that make sure that it's fair, that
1014-569: A witness for the prosecution in the Delwar Hossain Sayeedi case. The defence said he was due to give additional evidence in their favour on 5 November 2012. That day Bali was stopped before entering the courthouse by several police officers; witnesses said he was taken away in a white police van. HRW criticised the Bangladeshi government for not working to find him and for its lack of adequate response to allegations criticising
1092-518: Is different from Wikidata All article disambiguation pages All disambiguation pages International Crimes Tribunal (Bangladesh) The International Crimes Tribunal (Bangladesh) ( ICT of Bangladesh ) is a domestic war crimes tribunal in Bangladesh set up in 2009 to investigate and prosecute suspects for the genocide committed in 1971 by the Pakistan Army and their local collaborators Razakars , Al-Badr and Al-Shams during
1170-431: Is not obliged to execute a European Arrest Warrant if the country that is making the request has already tried that person in absentia. Conditions under which trials in absentia must be recognised include: if the person can be said to have been aware of the trial; if a counsellor took their place at the trial; if they do not request an appeal in due time; and if they are to be offered an appeal. The framework decision on
1248-414: Is not present. In absentia is Latin for "in (the) absence". Its interpretation varies by jurisdiction and legal system. In common law legal systems, the phrase is more than a spatial description. In these systems, it suggests a recognition of a violation of a defendant's right to be present in court proceedings in a criminal trial. Conviction in a trial in which a defendant is not present to answer
1326-676: The 2013 Shahbag protests in Dhaka, led to a new punishment. The events of the nine-month conflict of the Bangladesh Liberation War are widely viewed as genocide ; the Pakistan Army and collaborators targeted mass people, intellectuals and members of the political opposition for attacks. Historians have estimated that, during the conflict, between two hundred thousand and four hundred thousand women and children were raped leading to an estimated 25,000 war babies being born. Estimates of persons killed during
1404-541: The BNP and Jamaat-e-Islami , had several alleged war criminals among their top-ranking politicians. The former freedom fighters and sector commanders of the liberation war pleaded with citizens against voting for the alleged war criminals. The fourteen-party alliance won the election on 29 December 2008, with an overwhelming majority, a "historic landslide". This was thought to be due to their commitment to prosecute war crimes. On 29 January 2009, Mahmud-us-Samad Chowdhury ,
1482-545: The Bangladesh Liberation War . During the 2008 general election , the Awami League (AL) pledged to try war criminals. The government set up the tribunal after the Awami League won the general election in December 2008 with a more than two-thirds majority in parliament. The War Crimes Fact Finding Committee , tasked to investigate and find evidence, completed its report in 2008, identifying 1,600 suspects. Prior to
1560-596: The European Arrest Warrant provides for the legal guarantees relevant to trials in absentia. While the framework decision explicitly refers to Article 6 of the European Convention on Human Rights , its purpose is not to harmonise national laws on trials in absentia but to provide terms for the non-recognition of a European Arrest Warrant and other cooperative tools. The framework decision provides detailed conditions and requirements on which
1638-555: The International Covenant on Civil and Political Rights ." On 5 February 2013, the ICT sentenced Abdul Quader Mollah , assistant secretary of Jamaat, to life imprisonment. Mollah was convicted on five of six counts of crimes against humanity and war crimes. He was accused of shooting 344 people and the rape of an 11-year-old girl. In protest of the trials which it said were politically motivated, Jamaat members called
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#17327660858651716-586: The Liberation War of Bangladesh in 1971. He was hanged on 3 September 2016. The tribunal has been criticised by observers in Bangladesh and overseas as being biased and problematic, and "lacking basic standards." Brad Adams , director of the Asia branch of Human Rights Watch , said in November 2012: "The trials against (...) the alleged war criminals are deeply problematic, riddled with questions about
1794-701: The National Human Rights Commission , complained about the lobbying efforts, saying there was misinformation being spread among western nations about the war crimes tribunal. Shibir , the student wing of Jamaat , led huge protests against the trials beginning with a general strike on 4 December 2012; they were attacked by police whenever they want to come down the streets to protest. In one incident in Satkhira , police shot open fire, which resulted in three Shibir workers being injured. In this reaction, Numerous vehicles, including one of
1872-637: The US embassy in Dhaka , were torched and vandalised. In one incident, police fired tear gas and rubber bullets at the activists. One Jamaat-e-Islami activist was killed and scores were injured when police used live ammunition against the protesters during clashes in December 2012. The activists were demanding the release of Miah Golam Parwar , Delawar Hossain Sayedee and other party members being tried. The UN Human Rights Council expressed deep concern over
1950-475: The "US government will help Bangladesh hold an open and transparent war crimes trial with the rights of defense for the accused." Kristine A. Huskey, writing for the NGO Crimes of War, said Rapp gave a ten-page letter to the prosecution which included recommendations and various concerns. Trial in absentia Trial in absentia is a criminal proceeding in a court of law in which the person being tried
2028-604: The Council of Europe that are party to the European Convention on Human Rights are bound to adhere to Article 6 of the convention, which protects the right to a fair trial. Trials in absentia are banned in some member states of the EU and permitted in others, posing significant problems for the fluidity of mutual recognition of these judicial judgments. The executing member state possesses some degree of discretion, and
2106-570: The German Ambassador Albrecht Conze each said that individual nations must find their own ways to deal with past events. The US state department has said, "The United States supports bringing to justice those who commit such crimes. However, we believe that any such trials must be free, fair, and transparent, and in accordance with domestic standards and international standards Bangladesh has agreed to uphold through its ratification of international agreements, including
2184-538: The Liberation War in 1971. On 29 October 2014, Motiur Rahman Nizami was sentenced to death for war crimes committed during the 1971 independence war against Pakistan. He was executed by hanging from the gallows in Old Dhaka Central Jail on 11 May 2016. On 2 November 2014, Jamaat-e-Islami politician Mir Quasem Ali was sentenced to death for crimes against humanity committed during
2262-493: The Supreme Court overturned his life sentence and imposed the death penalty. Quader Molla was executed on 12 December 2013 at 22:01 in a Dhaka jail, the first person to be put to death for events in 1971. The JEI called it a "political killing." He was later buried in his village of Faridpur. On 28 February 2013, Delwar Hossain Sayeedi , the deputy of Jamaat, was found guilty of genocide, rape and religious persecution . He
2340-489: The UN offered its expertise, expressing an interest in helping Bangladesh avoid the problems other countries faced in similar trials. The EU has passed three resolutions supporting the trials and Jean Lambert has said "she expected that the trial would conform to the highest standard possible." However, since the beginning of the trials several human rights organisations and international legal figures have raised objections to
2418-711: The United States have held that the United States Constitution protects a criminal defendant's right to appear in person at their trial, as a matter of due process , under the Fifth , Sixth , and Fourteenth Amendments . In 1884, the Supreme Court of the United States held that the legislature has deemed it essential to the protection of one whose life or liberty is involved in a prosecution for felony, that he shall be personally present at
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2496-454: The abduction were found guilty. The trial of American Amanda Knox for the 2007 murder of British student Meredith Kercher highlighted the issue of Italy's willingness to try defendants in absentia. In 2013 Italy's highest court, the Court of Cassation , decided to annul Knox's appeal (alongside the co-accused, Italian Raffaele Sollecito), thus overturning their previous acquittals, declaring
2574-610: The accused are fully respected. That means making sure that lawyers and witnesses don't face threats or coercion. Toby Cadman , an international law expert who is an advisor to the Jamaat leaders has been highly critical of the ICT, saying of the international community, "Expressing concern will not be enough. The international community should take quick action to stop the injustice being committed against Jamaat leaders," In January 2013, Brad Adams of Human Rights Watch (HRW) noted concern about Shukho Ranjan Bali , who had first appeared as
2652-478: The acquittal as "full of deficiencies, contradictions and illogical conclusions". As Amanda Knox remained at her home in the United States, her appeal was heard in absentia, in Florence, Italy. On 30 January 2014 her guilty verdict was re-instated for the murder of Kercher and her sentence set at 28 years and six months imprisonment. In the case of Goddi v. Italy , the European Court of Human Rights held that
2730-571: The armed forces, including paramilitary groups. The act was amended in 2009 to update it, and the International Crimes Tribunal Rules of Procedure and Evidence were put in place by 2010. Some critics maintain that further amendments are needed to bring the act up to the standards of international law. Seeing the broad support for war crimes trials, the Awami League -led fourteen-party alliance included this in their election platform. The Four-Party Alliance, including
2808-428: The beginning of trial. This case requires us to decide whether Federal Rule of Criminal Procedure 43 permits the trial in absentia of a defendant who absconds prior to trial and is absent at its beginning. We hold that it does not. ...The Rule declares explicitly: "The defendant shall be present...at every stage of the trial... except as otherwise provided by this rule " (emphasis added). The list of situations in which
2886-486: The case against him through the media. Due to these circumstances, the committee found that a number of the applicant's procedural rights had been violated, especially in consideration of the fact that the Zairean authorities had hardly attempted to contact the applicant despite possible knowledge of the applicant's address. This highly impeded the applicant's capacity to prepare any form of defense. Failed evidence to support
2964-615: The case that a court had tried to inform the accused of proceedings against him/her provides the committee with the opinion that the right to be tried in one's presence was violated. Under Article 8(2) of the Charter of Fundamental Rights and Basic Freedoms of the Czech Republic , which has the same legal standing as the Czech Constitution , no one may be prosecuted or deprived of their liberty except on grounds and in
3042-410: The charges is held to be a violation of natural justice. Specifically, it violates the second principle of natural justice , audi alteram partem (hear the other party). In some civil law legal systems , such as that of Italy, absentia is a recognized and accepted defense strategy. Such trials may require the presence of the defendant's lawyer, depending on the country. Member states of
3120-557: The conflict range to three million. An estimated ten million refugees entered India, a situation which contributed to its government's decision to intervene militarily in the civil war. Thirty million people were displaced. In 2009 Shafique Ahmed , the Minister of Law, Justice and Parliamentary Affairs, announced that the trials would be organised under the International Crimes (Tribunal) Act 1973. This act authorises prosecution only of persons living within Bangladesh who were members of
3198-435: The country. Polling in 2013 by AC Nielsen found that more than two-thirds of Bangladeshis characterise the ICT as "unfair" or "very unfair", though 86% support its implementation. In February 2013, Abdul Quader Molla , Assistant Secretary General of Jamaat, was the first person sentenced to death by the ICT who was not convicted in absentia. Initially, Molla was sentenced to life imprisonment, but demonstrations, including
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3276-499: The court proceedings. Human Rights Watch, which initially supported the establishment of the tribunal, have criticised it for issues of fairness and transparency, as well as reported harassment of lawyers and witnesses representing the accused. Bianca Karim and Tirza Theunissen have written that the international community have voiced concerns that the trial will not be transparent or impartial. Jamaat-e-Islami supporters and their student wing, Bangladesh Islami Chhatra Shibir , called
3354-522: The death sentence handed down by the Bangladesh International Crimes Tribunal against two opposition leaders in Bangladesh, including Matiur Rahman Nizami , noting the court's practices have not met international standards of fair trial and due process. Turkey also withdrew its ambassador from Dhaka in protest of the execution of Matiur Rahman Nizami, and Turkish President Recep Tayyip Erdogan strongly condemned
3432-636: The defence, the kidnapping of a defence witness and the judge resigning due to controversy over his neutrality . In December 2012, The Economist published contents of leaked communications between the chief justice of the tribunal, Mohammed Nizamul Huq , and Ahmed Ziauddin , a Bangladeshi attorney in Brussels who specialises in international law and is director of the Bangladesh Centre for Genocide Studies. Huq issued an order for The Economist bureau chief and Asia specialist to appear before
3510-448: The e-mails and Skype calls showed that Ziauddin was playing an important part in the proceedings, although he had no legal standing. The WSJ also said that the communications suggested that the Bangladeshi government was trying to secure a quick verdict, as Huq referred to pressure from a government official. Human Rights Watch and defence lawyers acting for the suspects, Ghulam Azam and Delawar Hossain Sayeedi, requested retrials for
3588-640: The end of 3 March 2013, almost 80 people were dead, including many police officers. An estimated 2000 people were injured countrywide. On 17 September 2014, the Appellate Division of the Bangladesh Supreme Court reduced sentence of Delwar Hossain Sayedee revising the death sentence to 'imprisonment till death' for crimes against humanity in 1971. He died in cell due to Heart failure in August 14, 2023. Muhammad Kamaruzzaman
3666-476: The establishment of probable cause . In Gallina v Fraser , the appellant Vincenzo Gallina was convicted in absentia according to established Italian procedure for two robberies. The verdict in Gallina has been since interpreted to suggest that the presence of legal counsel alone is, in certain cases, insufficient to give an in absentia conviction that establishes probable cause. For more than 100 years, courts in
3744-548: The execution. A top Turkish diplomat called the execution a "huge mistake" by Bangladesh. Amnesty International has strongly criticized the International Crimes Tribunal of Bangladesh. And said that the tribunal is not fully following international standards. Amnesty International also says there have been many flaws in the trial from the beginning, some of which have been corrected, but many problems remain, To ensure international standards, as well as
3822-425: The failure of Italy's judiciary to inform the officially appointed lawyer of the applicant in regards to the correct date of the trial hearing deprived the applicant of an effective defence, and therefore Article 6 (3) (c) had been violated. Certain case law supports the notion that in some circumstances representation by counsel at the trial will not be enough to make an in absentia conviction conclusive enough for
3900-569: The formation of the ICT, the United Nations Development Programme offered assistance in 2009 on the tribunal's formation. In 2009, the parliament amended the 1973 act that authorised such a tribunal to update it. The first indictments were issued in 2010. However, the main perpetrators of the war crimes, the Pakistan soldiers, remained out of the reach of the courts. By 2012, nine leaders of Jamaat-e-Islami ,
3978-488: The government to file appeals with the Appellate Division if the tribunal ruled for acquittal for a suspect. The International Bar Association has stated that the "1973 Legislation, together with the 2009 amending text, provides a system which is broadly compatible with current international standards." On 25 March 2010, the government announced the formation of the following: a three-member judges' tribunal,
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#17327660858654056-520: The hacked files in the daily Amar Desh . The government obtained a court order that accused Rahman of sedition ; but Amnesty said that his newspaper stopped publishing the story once the government ban came into effect on 13 December. Shafique Ahmed alleged that Jamaat-e-Islami has paid US$ 25 million to lobbyists in the USA and the UK to influence public opinion against the trials. Mizanur Rahman, chair of
4134-414: The hearings. This entitlement is based on the right to a fair trial and the right to a defence, both of which are required by the convention (articles 6(1) and 6(3)). Furthermore, the court stressed that a person convicted in absentia shall be entitled to a fresh trial once he becomes aware of the proceedings: When domestic law permits a trial to be held notwithstanding the absence of a person "charged with
4212-453: The independence and impartiality of the judges and fairness of the process. In its November 2012 report, Human Rights Watch found that "glaring violations of fair trial standards" became apparent during 2012 but noted that changes were made in June 2012 which improved the process. Adams said, "If the Bangladeshi government wants these trials to be taken seriously it must ensure that the rights of
4290-425: The investigation and prosecution of the persons responsible for genocide, crimes against humanity, war crimes and other crimes under international law committed in 1971. The act was a complete in itself. On 25 March 2009 the government voted to try the war criminals according to the ICT Act of 1973 but planned amendments to bring the law up to date and in keeping with international standards for similar trials. As
4368-605: The investigative agency to assist state prosecutors were Abdul Matin, Abdur Rahim, Kutubur Rahman, ASM Shamsul Arefin, Mir Shahidul Islam, Nurul Islam and M. Abdur Razzak Khan. Golam Arif Tipu was named as Chief Prosecutor. The others are A.K.M. Saiful Islam, Syed Rezaur Rahman, Golam Hasnayen, Rana Das Gupta, Zahirul Huq, Nurul Islam Sujan, Syed Haider Ali, Khandaker Abdul Mannan, Mosharraf Hossain Kajal, Zead Al-Malum, Sanjida Khanom, and Sultan Mahmud Semon. The first nearly dozen men indicted include nine leaders of Jamaat-e-Islami ,
4446-417: The judges in the course of the trial, none of the three judges in Sayeedi's case would have heard the entirety of the testimony before reaching a verdict. Shafique Ahmed , the Minister of Law and Justice, referring to Ziauddin, said that Huq "sought help on procedural matters from an expert. That's not illegal or uncommon." Amnesty International criticised the arrest of Mahmudur Rahman , who had published
4524-594: The largest Islamist party in the nation, and two of the Bangladesh Nationalist Party , had been indicted as suspects in war crimes . Three leaders of Jamaat were the first tried; each were convicted of several charges of war crimes. The first person convicted was Abul Kalam Azad , tried in absentia as he had left the country; he was sentenced to death in January 2013. The ICT initially received some offers of international assistance. In 2009,
4602-407: The largest Islamist party in the nation, which was opposed to independence in 1971: Ghulam Azam , in 1971 chief of the erstwhile East Pakistan unit of the party; incumbent chief Matiur Rahman Nizami ; deputy Delwar Hossain Sayeedi ; secretary general Ali Ahsan Mohammad Mojahid ; assistant secretaries general Muhammad Kamaruzzaman and Abdul Quader Molla ; media doyen Mir Kashem Ali , who heads
4680-454: The pending case before proceeding to hold the trial in absentia. Failing evidence that the court did so, the [HRC] is of the opinion that [Maleki's] right to be tried in his presence was violated. In 2009, a former CIA station chief and two other Americans were tried and convicted in absentia by a Milan appeals court for the abduction of Egyptian terror suspect Osama Hassan Mustafa Nasr. The decision meant that 26 Americans tried in absentia for
4758-521: The pro-Jamaat Diganta Media Corporation; Miah Golam Parwar ; and Abul Kalam Azad , an Islamic cleric formerly associated with the party. Two leaders of the opposition Bangladesh National Party were also indicted: former government ministers Salahuddin Quader Chowdhury and Abdul Alim . Abul Kalam Azad , a nationally known Islamic cleric and former member of Jamaat, was charged with genocide, rape, abduction, confinement and torture. He
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#17327660858654836-413: The right to be present requires true freedom of choice. A trial court may infer that a defendant's absence from trial is voluntary and constitutes a waiver if a defendant had personal knowledge of the time of the proceeding, the right to be present, and had received a warning that the proceeding would take place in their absence if they failed to appear. The courts indulge every reasonable presumption against
4914-462: The rights of the defense are not being violated, while still making sure that justice is being done. In absentia judgments are common ... you can criticize that, but it's quite common. The Council of Europe has made commentary on judgments that are made in absentia. The Committee of Ministers , in Resolution (75) 11, of 21 May 1975, stated that an individual must first be effectively served with
4992-455: The same term [REDACTED] This disambiguation page lists articles associated with the title International Crimes Tribunal . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=International_Crimes_Tribunal&oldid=1183213176 " Category : Disambiguation pages Hidden categories: Short description
5070-510: The trial did not meet all the criteria of a fair trial and due process . Speaking for the British government, Sayeeda Warsi said of the verdict, "The British government supports the efforts of Bangladesh to bring to justice those responsible for committing atrocities during the 1971 War, although we remain strongly opposed to the application of the death penalty in all circumstances." The French Ambassador to Bangladesh, Michel Trinquier , and
5148-580: The trial may proceed without the defendant is marked as exclusive not by the "expression of one" circumstance, but rather by the express use of a limiting phrase. In that respect the language and structure of the Rule could not be more clear. However, in Crosby , the Rehnquist Court reiterated an 80-year-old precedent that Where the offense is not capital and the accused is not in custody, ...if, after
5226-628: The trial under following circumstances: Italy is one of several countries in Europe that allow trials in absentia, and they are a regular occurrence. In Maleki v Italy (1997), the United Nations Human Rights Committee held that the Italian policy on trials in absentia was a breach of the right to fair trial under Article 14 of the International Covenant on Civil and Political Rights . Italy argued that where
5304-548: The trial, that is, at every stage of the trial when his substantial rights may be affected by the proceedings against him. If he be deprived of his life or liberty without being so present, such deprivation would be without that due process of law required by the Constitution. A similar holding was announced by the Arizona Court of Appeals in 2004 (based on Arizona Rules of Criminal Procedure): A voluntary waiver of
5382-446: The tribunal to explain how they got the materials. The Economist said in response, "We did not solicit the material, nor pay for it, nor commit ourselves to publish it". After the leaked communication was published in a local daily, Huq resigned from the tribunal. He had been revealed to have had "prohibited contact" with the "prosecution, government officials, and an external adviser." According to The Wall Street Journal (WSJ),
5460-444: The tribunal. The attorney general rejected the abduction claim as a fabrication by the defence to bring the tribunal into disrepute. In May 2013, Bali was found in an Indian prison, and he alleged state abduction and that officials told him that both he and Sayeedi would be killed. In March 2013, The Economist criticised the tribunal, mentioning government interference, restrictions on public discussion, not enough time allocated for
5538-558: The two because of the controversy during their trials. Mahbubey Alam, the Attorney General, suggested that the hacking was an attempt to disrupt the trial. Sheikh Hasina , the Prime Minister of Bangladesh, said the trials would continue regardless of this incident and Huq's resignation. Fazle Kabir was appointed as chair of the ICT. Brad Adams of Human Rights Watch expressed concern that, because of changes among all
5616-534: The victims those who are being tried must also consider human rights and justice. Human Rights Watch initially supported the establishment of the tribunal and recommended amendments to the 1973 law. The government already had planned to update the law, and proceeded in consultation with experts, as noted above. When the tribunal was being planned, Stephen Rapp , the United States Ambassador-at-Large for War Crimes Issues, said that
5694-540: The waiver of fundamental constitutional rights. Although United States Congress codified this right by approving Rule 43 of the Federal Rules of Criminal Procedure in 1946 and amended the Rule in 1973, the right is not absolute. Rule 43 provides that a defendant shall be present However, the following exceptions are included in the Rule: Indeed, several U.S. Supreme Court decisions have recognized that
5772-435: Was found guilty by the ICT on five counts. Incitement, conspiracy, planning, abetment and failure to prevent murder. He was sentenced on 15 July 2013 to 90 years imprisonment. The tribunal spared Azam from execution due to his old age. He died of a stroke on 23 October 2014 at BSMMU . Ali Ahsan Mohammad Mojaheed was sentenced to death by hanging on 17 July 2013 and hanged on 22 November 2015. Salahuddin Quader Chowdhury
5850-462: Was indicted on 7 June 2012 on 7 counts of crimes against humanity. On 9 May 2013 he was convicted and given the death penalty on five counts of mass killings, rape, torture and kidnapping. He was hanged on 11 April 2015. On 3 November 2013, the International Crimes Tribunal sentenced Chowdhury Mueen-Uddin to death after the tribunal found him guilty of torture and murder of 18 intellectuals during 1971 Liberation war of Bangladesh . Ghulam Azam
5928-410: Was sentenced to death by hanging on 1 October 2013 . and hanged on 22 November 2015. On 2 February 2014, Jamaat-e-Islami leader AKM Yusuf , who was also on trial for crimes against humanity, died in prison. Yusuf was alleged to be the founder of infamous Peace Committees and Razakar force in the greater Khulna region . He was indicted on 13 charges of genocide and crimes against humanity during
6006-487: Was sentenced to death by hanging. His defence lawyer had earlier complained that a witness who was supposed to testify for him was abducted from the gates of the courthouse on 5 November 2012, reportedly by police, and has not been heard from since. The government did not seem to take the issue seriously after the prosecution denied there was a problem. By afternoon on the day of the protest, violence had erupted across Bangladesh between Islamic activists and police forces. By
6084-528: Was tried in absentia after having fled the country; the police believe he is in Pakistan. In January 2013 Azad was the first suspect to be convicted in the trials; he was found guilty of seven of eight charges and sentenced to death by hanging. Azad's defence lawyer, a prominent Supreme Court lawyer appointed by the state, did not have any witnesses in the case; he said Azad's family failed to co-operate in helping locate witnesses and refused to testify. United Nations human rights experts expressed concern that
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