Although progress and improvement have been made with regards to the war crimes trials in Bangladesh, the United States has still concern about the process.
“Though there have been improvements and progress, I still have concern about the process and further improvement could help ensure that the international standards are met so the people of Bangladesh, especially victims are satisfied,” US Ambassador-at-Large for the Office of Global Criminal Justice at the State Department told a press at the American Center upon conclusion of his two-day visit to Bangladesh. Asked if he was satisfied with the trial process so far, the Ambassador said, “I am not satisfied. But I think progress has been made.”
“And, finally I am very much concerned about penalty,” he added.
Rapp expressed his profound respect for Bangladesh for taking on the responsibility to bring to trial the crimes and atrocities committed during the war of independence in 1971.
Emphasising the importance of fair process, he said that, “It’s important that these cases are done fairly. People want them done quickly. When you have really serious crime I know people say why these people do get these rights in serious crime?”
“It’s the same whether you have an ordinary crime or a grave crime, there has to be presumption of innocence and evidence has to be beyond reasonable doubt. There cannot be short-cut,” he said. Rapp went on to say, “There cannot be a process that depends on politics. Guilt or innocence cannot be determined by polls, by demonstration in the street and certainly by not the threat of violence.”
“It is a judicial process and it got to be done on the fact according to the law, according to the process,” he said.
“It must be a judgement after 20 years from now people can say ‘we got that right,” he added.
About the death penalty, he said, “It can be done only in greatest care. There has to be a clear statement of the aggravating factors that led to an execution. Death penalty cannot be undone. It’s important therefore to be preserved for cases where proof is overwhelming, not the linkages evidence between the crime scenes and accused.”
Rapp also said that sometimes people were concerned that if there was no death penalty the accused might be released.
He said that the in terms of witnesses, defence and prosecution should get equal opportunity and ‘burden of proof’ should be on the prosecution.
-with The Independent input
