BANGLADESH ICT: Calls for New Trial in Sayedee Case Following Resignation of Justice Nizamul Huq

Bangladesh ICT chair Justice Nizamul Huq resigned on 11 November 2012 after a number of his emails and conversations were leaked to the media.  The economist carried in depth coverage here which it says "raises legitimate questions about due process that the Bangladeshi authorities should now investigate thoroughly".  The leaked material brings to light pressure put on the judges by the government to deliver quick convictions, and Huq's improper reliance on Belgium-based academic, Ahmed Ziauddin, throughout the proceedings:

Of course, judges can take advice. But any adviser is usually given an official role, known to prosecution and defence. Also as a general rule, advisers tend to stick to their areas of expertise—giving advice on knotty points of law, for example.

Mr Ziauddin does not seem to meet these requirements. Before the tribunal’s order on December 6th his role had not been disclosed to the court or the public. And his advice seems to go beyond particular points of law to include, for example, the drafting of charges. The 17 hours of conversations available to The Economist took place between August 28th and October 20th this year—the equivalent of almost 20 minutes every day. The two men also exchanged more than 230 e-mails in the 12 months to September. Many of these contacts suggest that Mr Ziauddin was involved in aspects of the trial that go beyond what would be permitted to a court adviser or anyone else. Each particular accusation might appear to be modest, or might be explained away. Taken together, they suggest a disturbing pattern.

First, Mr Ziauddin appears to have helped prepare documents for the tribunal, which the judge said would be improper. On May 12th the Brussels-based lawyer sent Mr Nizamul a document called “GhulamAzamChargesFinalDraft”; it was a slightly revised version of a charge sheet he had sent six days earlier. The next day, May 13th, the tribunal issued its indictment against Mr Azam, whom the two men usually refer to as “the big one”. It was identical to Mr Ziauddin’s document. In interviews with us, both men denied that Mr Ziauddin helped prepare documents for the court.

Human Rights Watch has called for a new trial because, with Huq resigning now, this will mean that none of the judges deciding the case against the defendant Sayedee will have heard the entire case.  They also call for the new trial to be held in accordance with different procedural rules as the current ones, they argue, unfair.  

Last Friday, the Bar Human Rights Council of England and Wales also issued a statement calling for a new trial.  They underscore the importance of a new trial in these particular circumstances as it is widely expected that the accused will be sentenced to death upon conviction. The full text of the statement can be found here. 

The Bangladesh ICT was set up to try war crimes, crimes against humanity, genocide and crimes against peace committed during the 1971 liberation war.  Seven accused face charges before the tribunal for their role in the conflict.