GOVT SAYS WAR CRIMES TRIAL PROCESS BEGINS APRIL 8.

C O N F I D E N T I A L SECTION 01 OF 02 DHAKA 000345

SIPDIS

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E.O. 12958: DECL: 04/04/2019
TAGS: PGOV PREL PINR PTER KDEM ASEC KISL KAWC PHUM
BG
SUBJECT: GOVT SAYS WAR CRIMES TRIAL PROCESS BEGINS APRIL 8.
DOES WAR CRIMES LEGISLATION MEET INTERNATIONAL STANDARDS?

REF: DHAKA 120

Classified By: Charge d'Affaires a.i. Geeta Pasi, reasons 1.4 (b&d)

SUMMARY AND ACTION REQUEST
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1. (C) The GOB intends to prosecute war crimes committed
during the country's 1971 war of independence (reftel) on the
basis of legislation passed in 1973, which may not provide a
current internationally-acceptable basis for war crimes
prosecution. The Law Minister announced the process would
begin April 8 and brushed off an April 5 attempt by the UN to
draw attention to problem areas in the 1973 law. The UN
characterized his attitude as 'disappointing' and 'worrying'
and told post a UN advisory team will visit Dhaka in the near
future to review the situation and advise the GOB. Post
requests Department to review and provide an opinion of the
1973 law and recommendations for next steps. End summary.


GOB: WAR CRIMES PROCESS TO START APRIL 8
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2. (SBU) In recent public statements and in conversations
with post and the Dhaka UN office, Law Minister Shafiqe Ahmed
confirmed the GOB intended to prosecute war crimes committed
during Bangladesh's 1971 war of independence on the basis of
the International Crimes Tribunal Act, passed in July 1973.
(Full text of the law emailed to the Bangladesh Desk and
available on the Law Ministry's website at
www.bdlaws.gov.bd/pdf part.php?act name=&vol=&id=435.) He
said the process would begin April 8, with the appointment of
an investigation officer under the Home Ministry and a public
prosecutor.

IS THE 1973 WAR CRIMES LAW DEFICIENT AND OUTDATED?
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3. (C) Informal reviews of the 1973 law by the Dhaka UN
office and by post raised concerns as to whether the law
meets current international standards for the prosecution of
war crimes. In a converstaion with Poloff, a Bangladeshi
international law consultant based in Brussels, Ahmed
Ziauddin, said the ICRC and others in the international
community 'had concerns' over elements of the law even when
it was passed in 1973. With the evolution of standards and
definitions in the 36 years since the law's passage, it is
now seriously outdated and cannot provide an
internationally-acceptable basis for war crimes prosecution,
according to Ziauddin. Among the areas he pinpointed as
problematic were the question of jurisdiction (as written,
the law applies only to military and auxiliary forces, not to
civilians); a failure to define applicable rules of evidence;
outdated and deficient definitions of crimes; and a lack of
definitional clarity in several key areas. Ziauddin -- who
personally supports the concept of trying war criminals in
Bangladesh -- said the law would require careful review and
amendment in order to meet minimum international standards of
justice. (Note: Post understands that the text of the law is
specifically protected by a constitutional amendment.
Amending the law would therefore require a two-thirds
majority of parliament. End note.)

LAW MINISTER BRUSHES OFF UN CONCERNS
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4. (C) UN Resident Coordinator Renata Dessallien met April 5
with Law Minister Shafique Ahmed and attempted to convey UN
concerns about the 1973 law. UN Policy Advisor Magnus
Lundgren told Poloff that during the meeting Ahmed would not
acknowledge that the law had any weaknesses or that its legal
deficiencies might have political ramifications, and was
clearly determined to press ahead notwithstanding. Lundgren
said the UN had sent a letter to the Law Ministry in early
March, noting that a war crimes process 'has ramifications'
and urging the consideration of alternatives, such as
reparations or the establishment of a truth commission. Ahmed
said he was unaware of the UN letter, Lundgren said, but in

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any event was clearly determined to proceed with a war crimes
process.

UN ADVISORY TEAM TO VISIT DHAKA
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5. (C) Lundgren said UN Geneva was putting a together 'as
fast as possible' a team of experts who will advise the GOB
on the experience of other countries and on the war crimes
process. UN Dhaka hoped the team would include a UN
representative 'of some weight,' he added. (Note: Private
consultant Ziauddin told post he believed there was internal
dissent within the UN on this issue, based on UN Political
Affairs concerns about the potential international political
ramifications of any formal UN involvement in the war crimes
process. End note.)

COMMENT AND ACTION REQUEST
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6. (C) The UN is the appropriate body to take the lead on
this issue, however, we would appreciate the Department's
review and opinion of the 1973 law (see para 1 for full text
availability),as well as recommendations for next steps.

PASI