Law Letter
Resignation of the Tribunal-1 Chairman
Shakhawat shamim
All of a sudden, a strong wind has blown over the International Crimes Tribunal-1. A solid legal foundation of the Tribunal and the credibility it has earned over the last two and half years by its transparent and objective workings especially taking utmost care of the procedural rights of the defendants, has allowed it to successfully confront the situation. There are reasons to believe the Tribunal now would be able to work more effectively.
Culture of resignation as it is often observed in many countries taking the responsibility of any mistake or wrong-doing, has not developed in our country. Judged on this, the Chairman of the Tribunal-1 has set a good precedent. We can thank him for this. Was his resignation necessary or inevitable? Did the skype conversations were indicative of any attempt to substantively influence the litigation proceedings or to influence the outcome of the litigation, and to which the judge showed signs being so influenced?
In personal conversations brings various matters, individuals, international crimes in general, workings of the various tribunals set up in many countries including ours for prosecuting the crimes came for discussion. While such conversations may not desirable, a perusal of the contents of the conversations as published in a local Bengali daily reveals no attempt to influence the outcome of the proceedings or the verdict of the Tribunal.
It must be remembered that although there are many examples of such tribunals working presently in many other countries, it is for the first time such a tribunal is working in Bangladesh. Although the International Crimes Tribunal Act was adopted in 1973, it is being applied for the first time. Experience of litigation, judges and lawyers in Bangladesh is also being gathered for the first time.
A Bangladeshi, resident in Belgium Dr. Ahmed Ziauddin is an expert on international crimes and on the workings of the tribunals in various countries. Dr. Zia also shared his knowledge about them, especially when such a trial is going in Bangladesh for the first time.
Mentionable, in a common law country like Bangladesh, in marked distinction from any civil law country in Europe, judges are much less initiative taking and their freedom to expedite the litigation process is more limited by the procedural rights of the parties, and their scope to talk outside even for the good of the litigation is limited. This is also one of the reasons of delay and backlog of cases in our judiciary. Therefore, many common law countries including UK and USA are taking many procedural elements from the civil law countries existing in the whole of Europe except mother of common law UK. Argued from this angle, there is nothing to raise much hue and cry over skype conversations between a judge and an expert of the concerned issue.
However, in the backdrop of criticism, Justice Nizamul Haque had submitted his resignation which was accepted by the government. In the normal order of things, under the existing law and the Section 6 (4) of the International Crimes Tribunal Act 1973, the government appointed a new Chairman of the Tribunal. Under existing law and practice and under Section 6 (6) of the Tribunal Act, the proceedings of the Tribunal shall continue from where the former Chairman had left.
There is no scope to raise any question about the validity or acceptability of the Tribunal or the proceedings of the trial of any accused. Sincerity about the trial of the crimes against humanity of those who would raise such a question, shall be questioned seriously. Those who speak about ethics and morality can be told that both legal and ethical/moral standing of the Tribunal has been strengthened after the former Chairman's resignation.
Professor M. Shah Alam
Chairman (In Charge), Law Commission-Bangladesh.
