HRW’s criticism of ICT ‘one-sided and biased’: Chief prosecutor

Highlights:

• Aminul says HRW ignored prosecution and investigators before issuing statement
• Defends consistency in witness testimonies across separate trials
• Rejects questions over competence of tribunal investigators and prosecutors
• Insists ICT trials will continue under Bangladesh’s domestic law

Chief Prosecutor of Bangladesh’s International Crimes Tribunal (ICT) Mohammad Aminul Islam has dismissed Human Rights Watch’s (HRW) criticism of the tribunal as “one-sided and biased”, alleging that the rights organisation published its assessment without consulting the prosecution or the investigation agency.

Speaking to reporters at his office today (29 July), Aminul said the report could not be considered impartial because it relied on only one side of the issue.

His remarks came a day after HRW issued a statement following the submission of formal charges in the crimes against humanity case over the 2013 Hefazat-e-Islam rally at Dhaka’s Shapla Chattar.

Aminul claimed that “vested interests” might have influenced HRW’s statement.

“If HRW had spoken to the prosecution or the investigation agency before publishing its statement, the correct information would have emerged. Instead, the report is one-sided and may have been influenced by one of the accused,” he said.

Responding to HRW’s concerns over similarities in witness testimonies, the chief prosecutor said such consistency was expected when multiple defendants were being tried separately over the same incident.

“If 100 people were killed in a single incident and different accused are tried separately, it is natural that witnesses will describe the same. It would be more questionable if their statements were completely different,” he said.

He added that HRW had failed to understand this aspect of criminal proceedings, arguing that similar crimes committed in similar circumstances would naturally produce consistent witness accounts.

Aminul also rejected suggestions that the tribunal’s prosecution or investigation teams lacked professional competence.

He said the ICT’s investigation agency comprises 23 senior officers, including officials of additional inspector general, superintendent and additional superintendent ranks, while the prosecution team includes experienced criminal lawyers.

“There is no scope to question the competence or professional standards of these investigators and prosecutors,” he said.

The chief prosecutor further said the International Crimes (Tribunals) Act, 1973 is a domestic law and trials would therefore be conducted by Bangladeshi judges and lawyers.

“There is no question of bringing in foreign judges or prosecutors,” he said, adding that organisations such as HRW and Amnesty International should themselves face scrutiny over their impartiality if they publish reports without adequately verifying facts.