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EDITORIAL
Deaths in police custody unacceptable
Homicide is a despicable incident happening in this country not too infrequently resulting from criminalisation of society --- a problem never addressed by successive governments since the very birth of this nation. Contrarily, concrete instances are there when mayhem, violence and murder took place often under covert and sometimes brazen overt patronage of even prominent politicians under different regimes in Bangladesh. The helpless masses then felt they were fated to live with the repugnant malaise. But what is absolutely unacceptable as it defies civilised norms and negates minimal security of life is death in police custody --- a blatant violation of fundamental human rights and hence deserves thorough and foolproof probe.
After the BDR massacre of 25-26 February, in which 57 army officers and soldiers not counting some other people were killed, 450 jawans were shown arrested in addition to 153 more later sent to jail. It is said that during the nine-month long Liberation War involving the entire Army, Navy and Air Force less than half that number of military officers lost their lives in 1971. For weeks together investigation coordinator Lt. Col. (retd) Faruk Khan categorically said that Islami militants were involved and that was accepted as the official version; but subsequently he somersaulted stating that 'Islami militant link' was his personal perception! In any case, like various other quarters including the Prime Minister Sheikh Hasina herself stated that there was a sinister conspiracy to stage a civil war behind the Peelkhana carnage.
While the Criminal Investigation Department (CID) is probing the case initiated by the Government, the whole nation is eager to see a flawless, foolproof and transparent investigation procedure leading to a fair trial and conviction of the actual culprits. The body politic demands an indisputable and universally acceptable trial which should help build a strong national security, but the mysterious deaths said to be caused by 'heart attack' and other doubtful circumstances have given rise to the question whether the trial is going to be a farce betraying with the blood of the butchered officers.
Indeed the people are much alarmed at the death of as many as six BDR personnel in police custody. These six incidents of death one after another are unforgivable as TV footages of some showed the marks of brutal physical torture. Any individual of average IQ will presume that things are not transparent in CID and that a veil of secrecy may obstruct the normal course of investigation.
Any individual of average IQ will presume that the probe affair is far from transparent and that attempt to hush up is there to obstruct the normal course of investigation. Presumptions and speculations are rife over the appointment of a controversial person like Abdul Kahar Akhand who is not the best investigator in the CID. Akhand is unfit to be in his assigned position to say the least because he does not have the minimum sense, let alone intelligence, that the death of a single accused or witness can reverse and seriously harm the very process of probe. After all these six deaths the Government should withdraw Akhand and interrogate him to find the truth behind the 6 custodial deaths. The magnitude, gruesomeness, exceptionality and dimension of the BDR mutiny of necessity calls for an absolutely impartial and unbiased team of the brightest and most brilliant investigators. In sum, the probe must not only be transparent, it shall have to be perceived by the public to be beyond all doubts. The bottom line is: political use of the CID will bring distrust and disgrace for the power that be.
On different occasions in the past deaths in the custody of police and other law enforcing agencies took place which were ignored as those were isolated cases and not sensational like the above. Now a statutory body called Police Complaints Commission brooks no delay which will make sure that complaints against the police are dealt with effectively. To avert bureaucratic red tape and governmental complexities the commission should accept complaints for effective redress online through its website accessible to members of the public.
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Trial of war criminals: What
should be done?
Barrister Harun ur Rashid
On 29th January 2009, Bangladesh Parliament adopted a resolution to try war criminals. On 25th March, the government decided to try war criminals under the 1973 International Crimes (Tribunals) Act and the investigation as claimed by the government had already begun.
Since the trial gives rise to many issues both in domestic and external arenas, my discussion will be in three parts:
a) War crimes and universal jurisdiction;
b) Bangladesh case and the law; and
c) International community and the proposed trial
War Crimes
Crime, although committed against a person, is an offence against State and that is why state prosecutors (public prosecutors) pursue a criminal case. A person who allegedly commits a crime can always be charged till he is alive. Unlike civil litigation or disputes, length of time does not affect crime. In other words, it does not have statutory limitation.
War crime is a generic term. It includes genocide, crimes against humanity, and grave breaches of the 1949 Geneva Conventions relating to war. The first two can occur in time of peace or in war.
Violation of laws or customs of war and humanitarian rules that are contrary to the 1949 Geneva Convention of Armed Conflicts against the civilian population. This includes disproportionate use of power and action against civilians.
Murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war are covered under crimes against humanity.
Genocide includes any act of killing with intent to destroy in whole or in part, a national, ethnical, racial or religious group.
The signs of commission such crimes are evident from the sudden increase in the number of refugees including women and children from the affected area to neighbouring and distant countries.
According to Amnesty International, a proponent of universal jurisdiction, certain crimes pose so serious a threat to the international community as a whole, that states have a logical and moral duty to prosecute an individual responsible for it; no place should be a safe haven for those who have committed genocide, crimes against humanity, extrajudicial executions, war crimes, torture and forced disappearances.
Sovereign immunity
The concept of universal jurisdiction is therefore closely linked to the idea that certain international norms are owed to the entire world community, as well as- that certain international law obligations are binding on all states and cannot be modified by treaty. (jus cogens). That means any state has jurisdiction to the suspected accused despite his/her nationality so long that individual is found in its territorial jurisdiction.
The days of sovereign immunity for the heads of state who are accused of mass murder have gone and States have been alert to implement universal jurisdiction. States back their claim on the ground that the crime committed is considered a crime against all, which any state is authorized to punish, as it is too serious to tolerate for protection of human dignity
The concept received a great deal of prominence with the case of late Chilean dictator President Augusto Pinochet who was arrested in London in October 1998 on a request from Spain for his alleged crimes but was released in 2000 on medical grounds. This was the first time a former head of the state was arrested.
Universal jurisdiction asserted by a state must also be distinguished from the jurisdiction of an international tribunal, such as the UN International Criminal Court, (ICC) established in 2002 (the US is not signatory to the treaty), the International Criminal Tribunal for Rwanda (1994) and International Criminal Tribunal for the Former Yugoslavia (1993), or the Nuremberg Trials (1945-49).
The legal jurisdiction of an international tribunal is dependent on powers granted to it by the UN which established it.
For example, Serbia's late President Milosevic was on trial and he died during the course of trial and currently Radovan Karadic, former President of the Bosnian Serbian Republic, has been put on trial for international crimes at the former Yugloslav Tribunal.
The creation of the ICC in 2002 by the UN under the Rome Statute of 1998 (Bangladesh participated the conference) reduced the perceived need to create universal jurisdiction laws, although the ICC is not entitled to judge crimes committed before 2002.
In recent days ICC issued a warrant of arrest for Sudanese President Omar Al Bashir who has been accused of committing crimes against humanity, genocide and war crimes in Darfur.
Law & Bangladesh's case
On 3rd December 1973, a resolution of the General Assembly (resolution number 3074) was adopted underscoring the obligations of member-states of the UN in the detention, arrest, extradition and punishment of war crimes and crimes against humanity. Bangladesh is a member of the UN and it is a duty of Bangladesh to hold trials for such international crimes.
On October 31, 2007 the Sector Commanders of the Liberation War reportedly said that the war criminals committed crimes of 53 varieties in the country in 1971. About 5,000 killing fields are in place in the country.
These crimes fall under genocide, crimes against humanity and serious breaches of the 1949 Geneva Conventions on armed conflict. Those who attempted, instigated, conspired to commit such crimes and connived in not preventing such crimes are also liable for trial in Bangladesh.
For crimes of 1971, two sets of laws were made in the country. The first set of law was proclaimed on 24th January 1972, titled the Bangladesh Collaborators (Special Tribunals) Order 1972. This law was to prosecute certain persons, individuals or as members of organisations, who directly or indirectly, have aided or abetted the Pakistan armed forces in committing international crimes.
The second set of law received the assent of the President on 19th July, 1973, the International Crimes (Tribunals) Act (Act no. XIX of 1973) and Article 47(3) of the Constitution was inserted in July 1973 to implement the International Crimes (Tribunals) Act.
This law was enacted to try and punish any member of armed forces, defence or auxiliary forces, accused of international crimes, not war crimes only.
Bangladesh government announced first clemency on 16th May 1973 under the 1972 Order for persons convicted or charged with offences under this law. A second clemency was announced under the same law on November 30, 1973 for those who were convicted or accused of serious crimes.
The amnesty announced does not cover those who had specific charges of collaboration and according to a statement of the then leader of opposition Sheikh Hasina (now Prime Minister) in the parliament on 16th April,1992: "Around 37,000 anti-liberation personnel were captured after the war among the 26,000 were freed after the general clemency was declared. Even then 11,000 war criminals were held captive and were being tried".
With the change of regime in 1975, the Collaborators (Special Tribunals) Order of 1972 was repealed on 31 December, 1975. Under the law, all proceedings in any tribunal, magistrate, or court and all investigations or other proceedings before any police officer or other authority "shall abate and shall not be proceeded with". Accordingly 11,000 held for trial were set free.
Many legal experts argue that the aforesaid acts of clemency under the Collaborators Order are legally untenable because the President is empowered under Article 49 of the Constitution to grant pardons only to convicted persons and not to accused charged with crimes
However the other law, the International Crimes (Tribunals) Act 1973 has not been repealed and it is a law of the land.
International Crimes (Tribunals) Act 73 was enacted on 20th July 1973. This law has been protected by an amendment of the Constitution of Bangladesh (Article 47A) so that the Supreme Court could not term the Act unconstitutional for being counter to any of the fundamental rights.
Section 3 of the Act has defined the crimes against humanity, anti-peace crimes, genocide, war crimes, breaches of rules of the Geneva Conventions of 1949 during armed conflicts, any crime under international law. It also embraces crimes such as murder, torture, ousting any civilian from Bangladesh territory, considering him a slave or with any other objective, looting personal or public property and damage to towns and villages in the absence of military necessity.
Furthermore the law includes as crimes, such as an attempt to commit, instigate, and conspire to commit such crimes and conniving in not preventing such crimes.
The law contains provisions of constituting tribunals, (each tribunal consisting of a chairperson and not less two and not more than four) appointment of chief prosecutor and prosecutors, establishment of an Agency for the purpose of investigation into such crimes, punishment and giving legal aid to accused. The law also recognises the right of the accused to appeal against the verdict of the Tribunal to the Appellate Division of the Supreme Court.
The law makes it clear that the proceedings of the Tribunal trial shall be in public (Section 10 of the Act). This is for the sake of transparency, fairness and justice. Justice must not only be done but seen to be done.
1973 Act needs a review?
The bill was enacted in 1973. Meanwhile Bangladesh has become party to many international human rights conventions/treaties. Some legal experts argue that taking into account of the provisions of the 1966 International Covenant on Civil and Political Rights, in particular Articles 9 (arrest and speedy trial), and Articles 14 and 15 (the right of the accused), Sections 11 (power of the Tribunal), Section 17 (right of the accused) and Section 21 (right of appeal) may be revisited so as to ensure that they conform with provisions of international human rights conventions/treaties.
The Act scraps the provisions of the Criminal Procedure Code of 1898 and the Evidence Act 1872 in any proceedings under the Act (Section 23).
The Act lays down the rules of evidence for the Tribunal which are much more relaxed and not bound by technical rules of evidence than those in the Evidence Act of 1872 (Section 19). This is perhaps because of the fact that occurrences of commission of war crimes take place during armed conflict or in an abnormal situation where evidentiary materials are found to be thin.
That is why the Act allows that the Tribunal may admit "any evidence including reports and photographs published in newspapers, periodicals, and magazines, films and tape-recordings and other materials as may be tendered before it, which it deems have probative value". Section 22 states that the Tribunal may regulate its own procedure.
Whether the aforesaid provisions of the Act need to be reviewed in the light of the provisions of the UN human rights conventions/treaties to which Bangladesh is a party is to be decided.
In all the matter of revisiting the 1973 Act, Bangladesh may seek assistance of the UN, besides the fact that such review may be conducted by Bangladeshi legal experts on international law.
Two courses under 1973 law
The first one is to set up a tribunal, appointment of prosecutors and setting up of investigation agency. This is the easiest part to do by the government.
The law provides to file a complaint to the investigation agency and unless the investigation agency is set up, no one lodge a complaint under this law.
However relatives can filed a FIR for a murder case against individuals under the country's Penal Code and in fact it was reported on December 15 1993, a murder case lodged against some people known as war criminals in a magistrate's court. The result of the case is not known or reported.
The reality is that the tribunal cannot work until prosecutors submit the charges to the Tribunal but the prosecutors can only submit a formal charge until the Investigation officers complete their investigation and a prima facie case has been made against a person.
The second option is prior to setting up the tribunals a fact-finding committee is to be set up whose task will be to gather all materials, documents in support of the evidence to be submitted to the Tribunal. The materials may be collected from within the country or abroad. In this connection, the UN can assist the fact -finding committee on what kind of evidentiary materials are required for the trial.
In overseas during the Liberation War, international community was involved in reporting and monitoring the situation and there are many materials abroad such as possessing materials of evidentiary values resting in broadcast in radios, human rights organisations, university centres of human rights and individuals.
In the case of current Cambodian war crime trial, some crucial evidentiary documents that once thought missing were reportedly discovered by the Yale University Genocide Research Centre. Bangladesh must explore such possibilities to gather and collate materials for prosecution from abroad.
Another idea has been argued is that when the tribunal is set up, a pre-trial chamber (a mechanism used by ICC) may be established consisting of some members of Tribunal to examine the prima facie evidence with a view to finding whether there is a case to answer for the accused.
Trial's Int'l dimension
War crime trial has international dimension. It has been a sensitive issue for many authoritarian developing countries because some of their heads of State or governments adopt systematic and widespread state-sponsored oppressive and repressive measures against civilian population and political opponents and therefore they think they could be indicted by the Hague-based UN International Criminal Court.
It is obvious that there are strong reservations of many countries for holding trials for such crimes. For example, about 30 countries that abstained from voting in the UN General Assembly when the Cambodian trial was put to vote. All African and Arab countries object to the issue of warrant of arrest on 4th March to the Sudanese President by the International Criminal Court on charges of crimes against humanity in Darfur region of Sudan
President Bashir is suspected of being criminally responsible, as an indirect co-perpetrator, for intentionally directing attacks against an important part of the civilian population of Darfur, murdering, exterminating, raping, torturing and forcibly transferring large numbers of civilians, and pillaging their property," according to a press release issued by the International Criminal Court.
White Paper preparation
Against the background, the government may seriously consider in preparing a White Paper on the reasons for holding trials for such horrible and senseless crimes committed during the Liberation War of 1971.
A copy of the White Paper may be distributed to all foreign resident diplomatic missions in Dhaka. Furthermore, the government may embark on diplomatic efforts through our missions overseas to explain the need and the popular demand for this trial to cross section of public including civil society and media abroad, eliminating the perception that the trial is a policy of revenge and retaliation
The Trial must be held with all adequate procedural safeguards for the accused. International community that will monitor the process of trial must be satisfied with fair and impartial process of trial. International observers may be allowed to watch the trial as Bangladesh has nothing to hide.
Statute of Rome 1998
The UN International Criminal Court was established under the Statute of Rome of 1998. Since the government has decided to hold the trial of war crimes, it is appropriate Bangladesh may now ratify the Rome Statute of International Criminal Court of 1998 (Bangladesh signed it) to demonstrate the commitment to trial of war crimes, and the ratification will show to the international community Bangladesh's firm resolve that war crimes must not and cannot escape punishment through a due process of a trial.
Former Bangladesh Ambassador to the UN, Geneva.
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VIEW POINT
Too much vitamin C is bad for health
Nishat Chowdhury
In these days people of Bangladesh have comparatively easier and cheaper access to internet. Promotion of vitamins is not allowed in Bangladesh, but people are exposed to wide range advertisements on vitamin products through internet. International drug sellers often present exaggerated promotion of vitamin C in their websites. These advertisements often appear in the form of articles or blogs. Some articles on internet advocated taking more than 10,000 milligrams of Vitamin C per day orally.
Although this information is being distributed freely, general public should not really follow those suggestions. Bangladesh pharmaceutical market sells vitamin C tablets containing up to 1,000 milligrams of vitamin C in very palatable effervescent or chewable dosage forms. Consumer orange drinks deliver vitamin C in reasonably smaller amount (up to 100 mg). All of these vitamin C preparations should be consumed with caution.
People in general and pregnant women in particular should do well to remember that doses of around 6-10 grams per day of vitamin C can induce an abortion in women under 4 weeks of pregnancy. Vitamin C is considered as an effective agent for abortion in western world. Continuous overdosing on vitamin C has also been known to cause jaundice.
Signs of too much of vitamin C ingestion include diarrhoea, increased urination, flushed face, headache, nausea and vomiting. This vitamin can also lead to abdominal pain, and it is thought to cause kidney or bladder stones.
Another problem that can arise as a result of a vitamin C overdose is iron poisoning. This is because vitamin C increases the absorption rate of certain nutrients, such as iron and calcium. Frequently taking a high dosage of vitamin C can dangerously increase the amount of iron present in the body. People with iron overload diseases must avoid Vitamin C overdose.
The recommended dietary allowance (RDA) for Vitamin C in non-smoking adults is 75 mg per day for women and 90 mg per day for men. For smokers, the RDA is 110 mg for women and 125 mg per day for men. A dose of 200 milligrams daily is almost enough to maximize body levels.
Large amounts of Vitamin C reduce body levels of copper, an essential nutrient, as it increases iron absorption. Special medical advice must be taken by individuals who have kidney stones. If a pregnant woman takes 6,000 mg of Vitamin C, the baby may develop rebound scurvy due to a sudden drop in daily intake. Hemochromatosis patients should not take Vitamin C due to enhanced accumulation of non-heme iron in the presence of this vitamin.
The author may be reached: nischow@gmail.com
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LETTERS
Solar energy in 2 lakh homes
Dear Editor:
Third World countries badly need renewable energy for which government encouragement is needed. Renewable energy is a resource that is replaced rapidly by natural processes without degrading environment. These are sunlight, hydropower and wind. A renewable resource is one that may be replaced over time by natural processes. Nonrenewable resources include fossil fuels and mineral deposits, such as iron ore and gold ore. Conservation activities for nonrenewable resources focus on maintaining an adequate supply of these resources well into the future. Natural resources are conserved for their biological and economic values.
Solar or wind power would greatly improve the traditional lifestyle in rural areas.
BCSIR and other allied centres may expand renewable energy for further R&D, applicable in Bangladesh. Pedal driven rickshaws created energy which may be tapped for rickshaw light (also elsewhere like shuttle looms). Human movements create energy, so it can be tapped. Tap it. More than 200,000 households use solar home systems.
The items may be mass produced cheaply in the EPZs - as also for export. Technical collaboration should not be a problem. Grameen Shakti has supplied thousands of units.
Abu Abd,
Dhaka.
Puzzling electricity bill despite load-shedding
Dear Editor:
Within 24 hours we suffer 6 to 10 times from load-shedding and there is no electricity supply for 5 to 8 hours daily.
But we are puzzled and we fail to understand DESA's mechanism and logic as to how the amount of our monthly normal electricity bill is on the rise every month.
In addition to payment of increased amount of electricity bill we have to spend a huge sum of money for purchase of costly candles and lantern kerosene oil to perform various domestic, commercial works and for studies of our children at night for want of electricity.
Would our Ministry of Energy, PDB and Dhaka Power Distribution Company the new wine in old bottle (DESA) kindly look into the sufferings and financial hardships of the common people?
We would request and suggest our authorities concerned to cut down the existing rate of tariff of electricity by at least 30 per cent in view of price hike of essential goods and commodities and untold sufferings if the people pending improvement of unabated and troublesome load-shedding in the interest of public service.
O. H. Kabir,
Dhaka.
Bangalee, Bengali, national dress
Dear Editor:
Officially, the term Bengali/Bangalee is hardly used in Bangladesh. Of course we are Bangladeshis, but are we Bangalees? If so, why it is taboo to use this term, on certain specific occasions?
Bangladesh is the official name of the country; but our historical background is that we are Banglees for centuries; and follow the Bangalee culture [regardless of religion].
West Bengal (in India) is more easily recognisable, as the term 'Bengal' is there. It appears that some sort of awareness and publicity campaign is needed.
For most foreigners [at the street level], the term Bengal recalls historical link. But to many foreigners, Bangladesh does not easily come to mind; as it is difficult for all of us to recognise a large number of states in Africa (many newly emerged nations] We have to review our PR (external publicity).
The social think tanks of the country may educate the masses on this issue; and the parliament might also deliberate to come to a conclusion.
There is another issue: we have no official national dress, [as we note on the satellite TV channels]. If a foreigner asks us about our formal dress, what do we tell him? The masses need some official and formal guidelines.
Abdali,
Dhaka.
Labourers abroad and vicious cycle
Dear Editor:
Now vested powerful interests (including foreign) are taking advantage of the situation, and are trying to turn Bangladesh (and Pakistan) into failed states. The BDR blitz, and the Basundhara blaze are suspected to be acts of sabotage [wait for more incidents].
There is now a need to rehabilitate in, and relocate businesses in South Asia (to compete with China), where the human and natural resources are available cheaply, after the economic collapse in the West (the sudden betrayal of the US Dollar). Luxurious consumerism in the materialistic West is in deep contrast to TB in the poor families in the LDCs. Our politics is suffering from Cancer. Our undoing is due to the severe systems losses in almost all sectors of the society.
We poor citizens have to fight on several fronts, internal and external. Our labourers abroad are returning in greater numbers [recession]: and, and in public life. The leaders are unable to crush the vicious cycle, and get out of the entrapped circle.
There is a difference between will power at the top: and perverted autocracy.
The political jatra [stage show] continues. Melodrama is not a sign of success. Work quietly and steadily in the background, like the way we breathe, and the body works silently.
Politics in Bangladesh reminds me of the story of the Selfish Giant we read in our student life. This political selfish giant is roaming about in the corridors of power in the country and is holding political parties as hostage, for decades. It is never satisfied with the ransoms paid.
AZ,
Dhaka.
Root cause of terrorism
Dear Editor:
In November last, the city of Bombay as Mumbai witnessed 'mercenary' terrorist attack unusual in the recent history of India. The Kashmir-based terrorist outfit 'Lashkar-e-Tayeba' is said to be behind this attack as revealed through the claimed confession of captured lone terrorist Azmal Kasab.
Though world people witnessed the massacre, it was not so to political observers around. It may be remembered that some years back Kashmiri terrorist groups declared that if atrocities in Kashmir was not stopped, then they would be compelled to spread the conflict in the 'occupied' Kashmir.
There is practically tremendous scope for a rational amicable solution of the Kashmir problem. But will the two big powers of the subcontinent head towards that direction? Due to absence of any solution to the problem and lack of farsightedness on the part of Indian leaders, the Kashmiri terrorists or freedom fighters are making connivance with other similar elements of India's central, eastern and north-east so much.
Shahid Bhaget Singh was a terrorist to the British rulers, but he is now one of the most revered freedom fighters in India. 3 or 4 films have been made in India on Bhagat Singh who was a member of Hindustan Republican Association headed by Ashfaqullah and Ram Prasad Bismil, whose common goal was India's freedom. This helped him to win over the friendship of Pandit Ram Prasad. Bismil and Khan were martyred on the same day. It will be a pity, if there is another war between India and Pakistan when Monmohan Shigh is at the helm of affairs in Delhi.
Though relations between Muslims and Sikhs were hostile since the Mughal period till partition of India due to political reasons, there has been a sea change after India and Pakistan got independence.
The two religions of India i.e. Sikhism and Brammo Samaj are known as "Islam in the Indian sense" as both are strongly monotheistic in nature like Islam. Like Muslims, Friday is the weekly sacred day for the Sikhs. Sikhs allow no picture of their religious places like Muslims. The founder of Skihism Guru Nanak reportedly performed Haj and during his sojourn to Makkah he stayed for some time beside a shrine of a Pir Saheb at Baghdad. That site has been changed into a Gurdwara afterwards. Readers may recollect that during the First Gulf war, Sikhs all over the world, demanded safety of that holy place.
Some Sikhs like Guru Datta Singh are known as lovers of our Holy Prophet (SM). Hence, it is not surprising that when some radical Muslims protested for Sikh singer Daler Mehdi song in praise of Holy Prophet, he reportedly said that Sikhs have not come from nowhere. They have got every right to praise the Holy Prophet. Nobel laureate Rabindranath Tagore was a member of Brammo Samaj Terrorism has become uncontrollable in both India and Pakistan. Benazir Bhutto's death and Mumbai attack point to that direction. India finds no reason for terrorisms in Kashmir, likewise Pakistan in Baluchistan. If both the countries do not go to the root cause of terrorism, it is likely to continue as before.
An Observer,
Dhaka.
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