US ambassador-at-large for war crimes issues Stephen J Rapp Tuesday again stressed the need for improvement to certain rules of the International Crimes (Tribunals) Act to hold the trial of the 1971 war criminals through preservation of international standards.
Rapp, who came to Dhaka on Sunday, said his March 21 letter sent to the law minister containing a set of suggestions was being actively considered by the government, as well as the tribunal to comply with the International Convention on Civil and Political Rights to which Bangladesh is a state party.
Rapp said his suggestions were related to the amendment to the rules regarding pre-charge detention which were being observed here, victims' protection, investigation into the allegations made against the accused persons, prosecution strategy and public information.
According to competent sources, the suggestions include adoption of rules allowing parties to file preliminary motions in the International Crimes Tribunal raising issues of jurisdiction and for the right to interlocutory appeal such as in Rule72 of the ICTR Rulesof Procedure andEvidence.
The suggestions would provide that in determining guilt for those crimes that are also included in the Statute of the International Criminal Court, the judge of the ICT would be guided by the ICC elements of crimes. The suggestions seek to:
Regulate detention during the investigation phase with protections similar to those provided in either Rule 40b is of the ICTR or the ICTY Rules or Rule 63 of the ECCC Internal Rules.
Regulate questioning of suspects and accused persons with protections similar to those provided in Rule 42,43,63,90 (e) and 95 of the ICTR Rules.
Regulate consideration of applications by an accused for release during the period proceedings are pending in a manner similar to that provided in either Rule 65 of the ICTY or ICTR Rules.
Also regulate the disclosure of relevant documents and other material in a manner similar to that provided in Rules 77,78,79,80 and 84 of the ICC Rules.
Provide for parties to be able to file motions for appropriate rulings and relief, and to see interlocutory appeal of adverse decisions, by leave or certification, in a manner similar to that provided in ICTR Rules.
Explicitly ensure presumption of innocence and the burden of proof beyond a reasonable doubt in a manner similar to of ECCC Internal Rule 21 (d), ICTR Rule 87 (A) and ICC Rule 79.
And allow for the protection of witness in a manner similar to that of ICC Rules 87 and88. Citing his discussions with the law ministerand judges of the
tribunal, Rapp said his impression was that they were actively considering each of his recommendations to address some of the concerns that had been raised about the trial process.
He said it was a complex process to hold the trials for crimes committed 40 years ago since the actors who committed the crime were not in the frontline. He said connecting individual to these crimes was a complex task.
However, he said Bangladesh could be a model and lesson for others to hold such trials, if the procedures of the trial were fair and transparent through some amendments to the rules. He stressed upon ensuring the process is such that justice is not only done, but is also seen to have been done.
Rapp said amendment to the rules could be made by the tribunal judges with the stroke of a pen and it did not require going to parliament.
The ambassador-at-large said once there was improvement on rules, he would hold consultations with US Congressmen to provide assistance in terms of training of judges and prosecutors of the tribunal, which he said was important to hold the trial.
In reply to a question, Rapp attached importance to the protection of the witnesses of both the prosecution and defence for their testimony at the tribunal. Citing example of Sierra Leone and Rwanda, Rapp said the tribunal here could arrange safe homes for the witnesses for their protection.
Asked about the pre-charge detention, he said there were instances where the accused were detained during the pre-charge
and pre-trial period. He said the accused
could even be detained on informal charges. However, he said there should be rules in this regard and the question of bail needs to be periodically reviewed by the tribunal.
Source: New Age
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