US Amb. Rapp says in telephone interview from Washington
The United States is supportive of the ongoing war crimes trials in Bangladesh, but remains concerned over the trial process including award of death penalties.
“US recognises the enormity of the crimes that was committed during 1971. Hundreds of thousands of individuals were murdered and raped and otherwise abused during the war in which Bangladesh won its freedom,”
US Ambassador-at-Large on war Crimes issues Stephen J Rapp told The Independent and two other dailies in a telephone interview from Washington on Sunday morning. US Ambassador Dan Mozena was present during the interview at the American Centre.
“After horrible crimes like these, sometimes it takes a long time to develop a process and begin trials. But, when you have grave crimes like these there is no statute of time. It is entirely appropriate to bring those people to justice,” said Ambassador Rapp, who visited Bangladesh four times in connection with the trials.
On the verdict of the Appellate Division against Abdul Quader Mollah on Tuesday, the Ambassador said, “Now the trials are going on and we have first decision on appeal by the Appellate Division. It is not for me someone from outside Bangladesh to opine on the particular case.”
“But I have been talking from the very beginning the importance of a fair process,” he said.
He also said that the burden of proof should have been on the prosecution rather than the defence and both the parties should be able to summon witnesses.
Asked about the provision of appeal for Quader Mollah, the envoy said, “At this point, however, we have an issue whether that was the last word in the case. We strongly urge rights of the accused upheld and their rights were not fewer than the prosecution’s.”
“It’s also important because if in every other kind of situation anywhere in the world the death sentence is issued there is another opportunity to challenge it,” he said.
“This one was quite extraordinary in the sense that you got a death sentence imposed not at the trial level but at the appeal level because the legislation was passed after the trial,” said the Ambassador, adding that therefore he could be given an opportunity to have his case reviewed.
“As a friend of Bangladesh, I just think it would be unfortunate if the highest standards were not followed,” he said when asked, the failure to hold the trials properly would send a wrong signal to the rest of the world.
During his last visit in May, he told a press conference that he still had concerns about the process including the death penalty.
Asked if he still had those concerns, Rapp replied, “I certainly do.”
Mentioning the International Covenant on Civil and Political Rights which Bangladesh has ratified, he emphasised on due process, saying, “Evidence produced against them (accused) must have high standard of proof. It must serve the interests of the victims.”
On death penalty, the envoy said, “It is important to recognise that death sentences cannot be undone.”
He, however, acknowledged that many people in the country would strongly feel that life sentence was not sufficient for the crimes the accused had committed.
“We have also heard people express concern that if there is no death sentence, at some point they will be released at some point if there is a political change. This wouldn’t be a fair result,” Rapp said.
The answer to this is to conduct this process in a very high standard, he said, adding that if this could be done the verdicts should have the respect of all people regardless of political affiliation.
Asked about the international consequences if the trials were not held transparently and maintaining international standards, Rapp said that friends of Bangladesh would be disappointed if rights were not protected and death sentence issued on the contrary to international standard in such important cases.
-With The Independent input
