Rapp disappointed as his suggestions are left out

FE Report US Ambassador-at-Large for War Crimes issues Stephen J Rapp Monday expressed disappointment for not including the suggestions proposed by the US earlier in March this year to amend certain rules of the International Crimes (Tribunals) Act for holding the proceedings in a transparent and fair manner. The visiting Ambassador urged the authority to make the ongoing proceedings in International Crimes Tribunal (ICT) accessible and open to all including media and foreign counsel. The visiting Ambassador-at-Large for War Crimes issues Stephen J Rapp was speaking at a press conference at Dhaka Reporters' Unity in the city. He urged Bangladesh authority to allow foreign counsel to take part in the proceedings on behalf of defence law team. "If not possible as Bangladesh Bar Council rule does not allow foreign lawyers to defend the accused before any court of Bangladesh then there can be made special provisions for the transparency in the ICT proceedings," he said. Citing a reference in this regard, the Ambassador-at-Large said British lawyer Cherie Blair, wife of former British Prime Minister Tony Blair, took part in a judicial proceedings of a graft case filed by the then military-backed caretaker government against Sheikh Hasina in 2008. He said foreign counsel can be allowed to take part in ICT proceedings following that instance to provide expert help, if needed, to the defence team. He suggested to keep record of the proceedings and to allow electronic media to ensure transparency in the trial. "Ideally, the trial sessions should be broadcast on television or radio or weekly reports be aired that would show the key testimony, arguments and rulings," he said. "If this is not possible in Bangladesh, neutral observers should be permitted to follow the trials and produce daily and weekly reports that would be available through the internet and other media," he said. Rapp said the term 'crimes against humanity' has been defined in the statutes and cases of international courts what is not clear in the ICT Act in Bangladesh. He said it is not clear whether the prosecution must prove whether the alleged murders and rapes were committed as part of a widespread and systematic attack against a civilian population on a racial, religious or political basic- as per the definition of crimes against humanity. He urged to define crimes against humanity as soon as possible. Rapp said, "In March, I made a number of suggestions on how the rules for these trials could be amended to ensure fair and transparent proceedings. "However, some of these suggestions were incorporated in amendments adopted in June," he said. Rapp said with the rules amendments provided for the protection of witnesses, it is important that a system of protection of witness be developed in practice and available to both sides. "Witnesses protection measures must be in effect to ensure that those willing to come forth and tell the truth will not be subjected to threats and intimidation, he suggested. He said, 'Given the historic importance of these trials to Bangladesh, the region and the world the proceedings should be conducted in a manner that is open and accessible to all." Rapp said USA is well aware of the horrible crimes committed where thousands of victims murdered, raped and property destroyed in the country in 1971. He said, "The victims of these crimes deserve justice, those accused of these acts deserve trials where they can test the evidence and present witnesses on their own behalf. Those who are innocent should be found not guilty and be freed and those who are responsible for these crimes should be found guilty and punished." "This is my third visit this year to Bangladesh to learn about your International Crimes Tribunal and to offer ideas to ensure that the trials it holds will be fair and open," he informed journalists before joining a meeting with Prime Minister Sheikh Hasina. "It is important that the same rights be accorded to these accused as are guaranteed to Bangladeshi citizens who are charged with violent crimes. The Bangladesh constitution and laws provided that this was to be a special court responsible for its own rules and procedures," the special US Ambassador said "It is also important that ICT conducts this trials to ensure that the accused have the same right to consult their counsels, the same time and ability to prepare defence and the same time and ability to challenge the process as they would have in other cases", he said. He ruled out any possibilities of taking any side in the trial.