Staff Reporter :
Commending the Interim Government’s move to hold a free and fair trial of those accused of the mass killings during the July-August mass upsurge, the Human Rights Watch (HRW) has proposed to amend certain articles of the International Crimes Tribunal (ICT) Act of 1973.
In a letter dated October 21, HRW’s Deputy Director of the Asia Division, Meenakshi Ganguly, addressed the Ministry of Law, Justice, and Parliamentary Affairs, encouraging systemic reform.
Lauding the interim government’s commitment to bringing justice to those responsible for human rights abuses, it welcomed the Law Ministry’s decision to propose amendments to the International Crimes (Tribunals) Act of 1973, in consultation with international law experts and key stakeholders, to align the judicial process with international standards.
To make the trial process free from criticism, the HRW has urged the Interim Government, led by Professor Muhammad Yunus, to amend the ICT Act and has also called for the abolition of capital punishment and emphasized that banning political parties could undermine Bangladesh’s human rights obligations.
Instead, HRW suggests focusing on holding individuals accountable for serious human rights violations.
“Sheikh Hasina and others with command responsibility should be investigated, tried, and if found responsible, held accountable for the widespread abuses committed during the protests in July and August,” said Julia Bleckner, Senior Asia Researcher at Human Rights Watch. “Ensuring fair trials will strengthen the accountability process and deliver genuine justice to the victims and their families.”
The tribunal, initially established in 2010 to address crimes against humanity committed during the 1971 Liberation War, has previously faced criticism for failing to meet fair trial standards.
HRW noted concerns including inadequate evidence collection, lack of judicial independence, allegations of collusion with prosecutors, witness tampering, and the use of the death penalty.
The tribunal has requested the extradition of Sheikh Hasina from India under an existing agreement so that she can face trial in Bangladesh. Several other accused individuals have also fled to India or other countries.
HRW urged India and other governments to cooperate with Bangladesh’s justice process by adhering to extradition agreements, provided Bangladesh imposes a moratorium on the death penalty and ensures fair trial conditions.
The interim government has already introduced amendments to the International Crimes (Tribunal) Act, improving transparency through the inclusion of international observers and allowing for the broadcasting of trial proceedings.
These amendments also enhanced victim and witness protection. Nevertheless, HRW recommended further reforms to ensure trials meet international standards and uphold the constitutional rights of the accused.
HRW specifically called for the abolition of capital punishment and the repeal of Article 47(A) of the constitution, which currently limits the constitutional rights of the accused.
HRW stressed the need for a well-resourced witness and victim protection unit within the court system, capable of safeguarding individuals before, during, and after court appearances, especially those testifying against security personnel.