Knowledge (XXG)

2012 ICT Skype controversy

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53:, the recordings and emails suggested that the Bangladesh Government pressured and attempted to intervene in the International Crimes Tribunal to speed up proceedings. The neutrality and independence of Huq was called into question, as Ziauddin appeared to help him to prepare documents for the tribunal and made detailed recommendations for Huq. Ziauddin also advised prosecutors, including the chief prosecutor Zaed-al-Malum, and informed Huq about how the prosecutors may develop their cases. This resulted in a connection between the judge, adviser and the prosecution. 286:
Hague in November 2012 where Toby Cadman, who is the defense attorney for the accused in Bangladesh's International Crimes Tribunal and the most high-profile critic of the process. Cadman presented a paper that linked the Rome Statute with the problems of the ICT: "lack of transparency; discriminatory intent of the legislation and tribunal; lack of clear definitions of crimes; absence of rules of disclosure; and investigations being conducted under a cloak of secrecy."
282:"The ICC is only a complementary court. It is intended to supplement national courts, which are primarily responsible to try war crimes, crimes against humanity and acts of Genocide." He also said that the Rome Statute would protect the country; he said, "As Bangladesh works to address impunity for past crimes and re-establish the rule of law, joining the ICC will help ensure that grave crimes are not committed in the future." 285:
During the war crimes trial, Ziauddin advised lead Justice Nizamul Huq. He also drafted charges against one of the accused, Ghulam Azam. Weeks before the Skype controversy came to public light, Ziauddin attended a conference at the Assembly of States Parties of the International Criminal Court at The
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His lobbying of Bangladesh for the Rome Treaty was also connected to his desire to see the war crimes trial take place there. He said previous governments in Bangladesh had not dealt with the war crimes. He also wrote that the International Criminal Court did not negate the role of nations; he wrote,
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On 19 December, the defence submitted applications for a retrial. A petition was also filed to remove the chief prosecutor Zaed-al-Malum. Salahuddin Quader Chowdhury, BNP MP on trial at ICT-1, demanded adjournment of his case until the petition was settled. On 3 January, the defendants' applications
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also reported the communications revealed Brussels-based lawyer Ziauddin's influence in the trial. Between 28 August and 20 October, the two men spoke for the equivalent of almost 20 minutes every day. Ziauddin appeared to help Huq prepare documents. On 12 May, Ziauddin sent Huq a document called
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further adds that the conversations reveal that Ziauddin discussed the same issues with the judge and the prosecutors, including the chief prosecutor Zaed-al-Malum. On 11 December 2011 he sent Malum and another prosecutor help on the case against Azam and forwarded this advice to Huq. After the
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It's up to judges to decide where they are going to get research support or other support they need. They are quite entitled to do it. The more so when they really donโ€™t have that research backup . if they feel if there are people more informed about the issue, especially where is so new in
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coverage of the Skype conversations. Hossain said he had been appointed to sit on a case that involved Mahmudur Rahman (now editor of Amar Desh) while he had been appointed as Energy Advisor in the BNP government. Hossain said that Rahman should not have included his name in a large headline.
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During the conversations, one or both of the men referred to Justice Jahangir Hossain as "corrupt." Before Justice Huq resigned, Hossain gave an emotional speech in court in his own defence (Huq was absent). Hossain objected to Huq and Ziauddin's characterisation of him. He also objected to
198:, the Skype conversations and e-mails suggested that the Bangladesh Government pressured and attempted to intervene in the International Crimes Tribunal to speed proceedings up. During a conversation between Huq and Ziauddin on 14 October, Huq referred to the government as 314:
said that Huq's resignation would not hamper trial proceedings. He said that Huq had in no way behaved improperly and had the right to consult with experts in the law. On 13 December, Fazle Kabir, then head of the second tribunal (ICT-2), was named as the new chairman.
278:, such as Pakistan and Bangladesh, to sign and then ratify the treaty Bangladesh signed and then ratified in 2010. In that same year, Bangladesh's ratification of the Rome Statute made possible its establishment of Bangladesh's International Crimes Tribunal. 177:
contacted Huq about the material they had. The order named Ahmed Ziauddin as an expert assisting the judges, explaining that the judges needed research support as the tribunal is based on new law. On 9 December, the newspaper
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said that Huq's resignation would not hamper trial proceedings. On 13 December, Fazle Kabir, then head of the second tribunal (ICT-2), was named as the new chairman. The defendants' applications for retrials were rejected.
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as he lobbied Asian governments to sign and ratify the treaty Ziauddin was affiliated since 2001 as coordinator for the Asian Network of the Coalition for the International Criminal Court (CICC) and its efforts to lobby
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also received the conversations, and published a report on 9 December, followed by the transcripts in full. On 13 December, a court injunction banned Bangladeshi newspapers from publishing the materials, at which time
258:, where he is the full-time director of the Bangladesh Centre for Genocide Studies. The center campaigns to end what he has called "the ingrained culture of impunity" regarding the 1971 war crimes in Bangladesh. 210:
On 15 October, Huq described how a member of the government "came to visit me this evening. He asked me to pass this verdict fast. I told him 'how can I do that?'... He said, 'Try as quick as you can.'"
922: 218:"GhulamAzamChargesFinalDraft", and the next day the tribunal issued an identical document as its indictment against Ghulam Azam. Ziauddin also advised Huq on the future of Huq's fellow judge 326:
Mahmudur Rahman, was arrested on remand on 11 April 2013 for a number of charges, including sedition for publishing the Skype material, as well as other reporting from Amar Desh about the
254:, where he went to college and law school, and his brother was a friend of Mohammed Nizamul Huq. They have known each other for many years. Ziauddin is a professor of international law at 310:
On 11 December 2012, Huq resigned from his position as chairman of ICT-1, citing personal reasons. Despite demands from Jamaat-e-Islami for the tribunal to be scrapped, the Law Minister
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After the disclosure of their conversations came to light, Ziauddin was also called before Bangladesh's war crimes court to answer for his participation, a case which is in progress.
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to appear before the court, demanding that they explain how they came into possession of e-mails and conversations between him and lawyer Ziauddin. This order came after
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Absolutely crazy for a judgment. The government has gone totally mad. They have gone completely mad, I am telling you. They want a judgment by 16th December (
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Ahmed Ziauddin is a Bangladeshi lawyer and academic specializing in international courts of law, who lives and works in Brussels, Belgium. He was born in
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The 17 hours of conversations between 28 August and 20 October 2012 and more than 230 e-mails between September 2011 and September 2012 were disclosed to
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On 11 December 2012, Huq resigned from his position as chairman of ICT-1, citing personal reasons. Despite demands from
923:"Prosecution and Defence Clash Over Standards of Procedural Fairness at the Bangladesh International Criminal Tribunal" 842:(June 2010). "Bangladesh and the Prosecution of International Crimes from the 1971 War of Independence from Pakistan". 517: 1077: 461: 430: 151: 330:. The Asian Human Rights Commission reports that they are informed that Rahman has been tortured in police custody. 75: 543: 169:
On 6 December 2012, the presiding judge of ICT-1, Mohammed Nizamul Huq, passed an order requiring two members of
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Bangladesh ... Iโ€™m not really advising him, but if there is a question then I try to respond.
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in 2009 to prosecute suspects accused of war crimes during the Bangladesh Liberation War. The
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Ahmed Ziauddin, a Bangladeshi expatriate lawyer based in Brussels, longtime colleague of Huq
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prosecutors laid their charges, Ziauddin continued to advise Huq on the accusations.
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and zero from the Awami League. At the time of the Skype controversy, the trials of
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began publishing reports and transcripts of the conversations, and
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Ziauddin described his professional relationship with Huq in
806:"Civil society bodies ask govt to ratify all HR treaties". 791:. Asian News International. 20 October 2004. Archived from 822:"Dhaka to ratify Rome Statute of int'l court before March" 573:"Bangladesh opposition editor Mahmudur Rahman arrested" 32:, and Ahmed Ziauddin, a Bangladeshi lawyer based in 896:"Global coalition calls on Bangladesh to join ICC" 785:"Pak urged to ratify International Criminal Court" 78:for the Tribunal to be scrapped, the Law Minister 946:"Bangladesh war crimes judge Nizamul Huq resigns" 779: 777: 600:"US pvt intelligence firm reveals ICT Skype role" 484: 482: 480: 119:Guardian Consulting LLC, a US-based security firm 1055:Complete conversation in writing form in Bengali 361: 359: 357: 355: 353: 351: 349: 347: 345: 343: 263:Rome Statute of the International Criminal Court 134:The International Crimes Tribunal was set up in 295: 261:Ziauddin is also known for his advocacy of the 142:had pledged to do so in the campaign for the 8: 105:and journalists Rob Gifford and Adam Roberts 96:, chair of the International Crimes Tribunal 1027:"Detained Editor Tortured in Police Remand" 186:published a further report on 15 December. 1073:Aftermath of the Bangladesh Liberation War 709: 707: 705: 130:International Crimes Tribunal (Bangladesh) 30:Bangladesh's International Crimes Tribunal 944:Ethirajan, Anbarasan (11 December 2012). 921:Macpherson, Caroline (27 November 2012). 715:"Bangladesh: Centre for Genocide Studies" 694:. Dhaka. 5 September 2003. Archived from 451: 449: 426:"Tribunal chief quits over Skype scandal" 658:"'I'm honest,' Justice Jahangir Hossain" 162:were underway at ICT-1 and the trial of 420: 418: 339: 745:"Bangladesh should ratify ICC statute" 738: 736: 567: 565: 395:"Bangladesh newspaper editor at risk" 7: 869:Strangio, Sebastian (22 July 2010). 762:Ziauddin, Ahmed (12 December 2009). 367:"The trial of the birth of a nation" 925:. International Criminal Law Bureau 544:"2 journalists explain Skype issue" 977:. 19 December 2012. Archived from 971:"Skype row continues to dog ICT-1" 764:"Ratification of the Rome statute" 664:. 11 December 2012. Archived from 14: 24:conversations and emails between 1083:Political scandals in Bangladesh 902:. The Daily Star. 29 August 2009 598:Bergman, David (23 March 2013). 768:Law and Our Rights (supplement) 743:Ziauddin, Ahmed (3 July 2008). 256:Catholic University of Brussels 1: 1031:Asian Human Rights Commission 688:"Dhaka, Washington sign pact" 490:"Bloodletting after the fact" 71:stopped further publication. 28:, head judge and chairman of 319:for retrials were rejected. 272:International Criminal Court 1001:"Ghulam Azam seeks retrial" 871:"War crimes and Bangladesh" 206:)...it's as simple as that. 152:Salahuddin Quader Chowdhury 1104: 810:. Lahore. 20 October 2004. 721:. Karachi. 13 January 2013 127: 60:The Bangladeshi newspaper 18:2012 ICT Skype controversy 856:10.1007/s10609-010-9121-1 457:"Justice Kabir new chief" 42:Bangladesh Liberation War 524:. Dhaka. 7 December 2012 606:. Dhaka. Archived from 630:"Discrepancy in Dhaka" 300: 208: 164:Delwar Hossain Sayeedi 1088:Awami League scandals 522:The Financial Express 400:Amnesty International 328:2013 Shahbag protests 200: 166:had nearly finished. 900:Law & our rights 156:Motiur Rahman Nizami 94:Mohammed Nizamul Huq 26:Mohammed Nizamul Huq 981:on 25 December 2012 668:on 14 December 2012 274:. He worked to get 20:was the leaking of 1078:2012 in Bangladesh 1007:. 20 December 2012 844:Criminal Law Forum 828:. 7 December 2009. 698:on 8 October 2016. 610:on 17 January 2014 465:. 13 December 2012 434:. 12 December 2012 375:. 15 December 2012 795:on 29 March 2015. 770:. 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Index

Skype
Mohammed Nizamul Huq
Bangladesh's International Crimes Tribunal
Brussels
war crimes
Bangladesh Liberation War
The Economist
Amar Desh
Jamaat-e-Islami
Shafique Ahmed
Mohammed Nizamul Huq
Mahmudur Rahman
Amar Desh
International Crimes Tribunal (Bangladesh)
Bangladesh
Awami League
2008 election
BNP
Salahuddin Quader Chowdhury
Motiur Rahman Nizami
Ghulam Azam
Delwar Hossain Sayeedi
Victory Day
Shahinur Islam
Dhaka
East Pakistan
Catholic University of Brussels
Rome Statute of the International Criminal Court
United Nations
International Criminal Court

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