Bangladesh: Transparency and Impartiality in the Tribunal: What the UN Learned

The United Nations (UN) recently focused its attention on Bangladesh’s International Crimes Tribunal (ICT), specifically regarding transparency and impartiality in its proceedings. On Sunday, a UN delegation, including Resident Coordinator Gwen Lewis and Senior Human Rights Advisor Huma Khan, visited the Chief Prosecutor’s Office in Dhaka. They sought insights into the tribunal’s judicial process, measures ensuring fairness, and steps taken to uphold transparency in prosecuting international crimes against humanity.
The Tribunal’s Purpose and Current Status
The International Crimes Tribunal (ICT) was established to address heinous crimes, including genocide and war crimes, committed during Bangladesh’s liberation war in 1971. Although initially operational since 2010, recent political developments have shifted the tribunal’s focus. Among its current cases are allegations against former Prime Minister Sheikh Hasina and other high-profile individuals accused of crimes against humanity during their tenure in office.
Investigations led by the prosecution team are ongoing, and none of the cases have reached the trial phase yet. The tribunal’s Chief Prosecutor, Tazul Islam, shared updates with the UN delegation, explaining the procedural stages, challenges faced, and the tribunal’s efforts to maintain impartiality.
UN’s Engagement and Support
During the visit, the UN team engaged in open discussions about the judicial process, inquiring about its progress and any existing obstacles. They also explored how the UN could assist in ensuring transparency and neutrality. Chief Prosecutor Tazul Islam stated that the delegation had been briefed on the tribunal’s commitment to fair justice, and he requested UN support in providing training and technical assistance for the prosecution and investigative teams.
Islam emphasized the importance of maintaining the UN’s support for the tribunal, describing its endorsement as critical to ensuring the credibility of the judicial process.
Concerns Raised by Defendants’ Families and Advocates
While the UN’s visit aimed to evaluate fairness, concerns have emerged from the defendants’ families and legal representatives. Many expressed doubts about the transparency of the proceedings and the accessibility of legal resources.
An unnamed former minister’s wife told Deutsche Welle that families faced significant barriers, including limited access to detainees and difficulties hiring competent legal representation. She questioned whether the promises of justice and fair treatment would materialize.
Advocate Naznin Nahar, representing a former army officer and accused, highlighted administrative and logistical challenges faced by defense lawyers. She noted issues such as restrictions on bringing assistants into court and strict security measures that impede legal work. Moreover, she raised concerns about the lack of privacy during client meetings, as intelligence officials were reportedly present during consultations.
Nahar further questioned the tribunal’s leadership, noting that the current chairman lacks experience as a High Court judge, which is unusual for a tribunal of such stature. Additionally, Chief Prosecutor Tazul Islam’s prior role as a defense attorney in cases still pending trial has sparked debates about potential conflicts of interest.
Broader Implications and Observations
The tribunal’s legitimacy has also been scrutinized by legal experts and journalists. Supreme Court lawyer ZI Khan Panna observed that it was too early to assess the tribunal’s transparency, as the trials had not yet begun. However, he cautioned against rushing the judicial process, warning that “justice hurried is justice buried.”
Concerns have been further compounded by allegations of bias against journalists. Several reporters have been implicated in cases related to crimes against humanity, with some fearing legal repercussions for public statements. One senior journalist, speaking anonymously, expressed doubts about receiving fair treatment under the current system.
Historical Context and Recent Developments
Bangladesh’s constitution incorporated provisions for prosecuting crimes against humanity in 1973, though the tribunal only became operational decades later. The ICT was formally established in 2010 and underwent restructuring in 2015 to streamline its operations. Over the years, it has delivered verdicts against individuals implicated in atrocities during the 1971 war.
Recent political changes following the fall of Sheikh Hasina’s government in August 2024 have led to significant shifts within the tribunal. Key officials, including its former chairman and members, either retired or were reassigned. A new three-member judicial panel was appointed in October 2024, accompanied by a fresh team of prosecutors and investigators.
The tribunal’s current cases focus on alleged atrocities committed during anti-discrimination movements and enforced disappearances under the previous administration. On August 17, 2024, proceedings began against Sheikh Hasina and 45 others, marking a pivotal moment in Bangladesh’s pursuit of justice for crimes against humanity.
Moving Forward
The UN’s involvement underscores the global importance of ensuring transparency and fairness in trials addressing crimes against humanity. The visit not only reaffirmed international interest in Bangladesh’s tribunal but also highlighted the need for continued dialogue and collaboration to address challenges.
The ICT stands as a testament to Bangladesh’s commitment to justice. While concerns persist, the tribunal has the potential to reinforce the principles of accountability and impartiality. With sustained international support and adherence to fair practices, it can become a model for addressing historical and contemporary injustices in a manner that upholds the rule of law and human rights.