How the ICT’s Gratitude Makes the Court Controversial

At the start of the hearing in which the International Crimes Tribunal sentenced Sheikh Hasina and Asaduzzaman Khan to death, there was a striking moment that suggested an inappropriate closeness between the Tribunal judges and the prosecution team.

Although this was broadcast live on television, it is notable that no one appears to have commented on it or written about it since.

The moment came when the Tribunal chairman began thanking those who assisted with the trial.

He first turned to the prosecution team:

“I am very much thankful to the Prosecution,” the chairman said. He then singled out two individuals -- Mizanul Islam and Tamim -- saying they “played a substantial part in the trial.” He went on to name twelve other prosecutors who had “also contributed, to some extent, from time to time” during the proceedings.

There is nothing inherently inappropriate about that.

He then added:

“Our heartfelt thanks to the Attorney General, who has attended the trial at the inception and at the conclusion.”

A little unnecessary and unusual, perhaps, but not concerning on its own.

However, what followed was more revealing:

“Over and above, our thanks from the core of our heart to Tajul Islam, the learned Chief Prosecutor, for playing the part of excellence.”

“From the core of our heart” and “part of excellence.” It is difficult to imagine any judge involved in an independent criminal trial process that would ever use these words in relation to one of the parties.

The chairman then appeared ready to move on to the next part of the judgment -- without saying a single word of thanks to the defence lawyers. Not a word.

At that moment, Chief Prosecutor Tajul Islam gestured towards the Tribunal chairman and seemed poised to speak into the microphone -- prompting the chairman to suddenly recall that he had not mentioned the defence at all.

“I am sorry. I am very much sorry,” he said, before offering “sincere thanks” to defence lawyers, mentioning lawyer Amirul Islam.

It was clear the Tribunal chairman had completely forgotten to acknowledge the defence team, and only did so after the Chief Prosecutor’s gesture reminded him of the otherwise disastrous optics.

Even then, however, he thanked by name only one defence lawyer -- representing two of the accused -- and omitted to mention the name of the lawyer representing the former Inspector General of Police.

This moment perfectly illustrates the Tribunal’s apparent partiality towards the prosecution, a tendency which is arguably reflected in the judgement, where the Tribunal aligned with the prosecution arguments, even when the evidence did not support that position.

David Bergman is a journalist who has written widely on Bangladesh. He can be contacted on twitter @TheDavidBergman.