‘It’s like asking one to swim with hands and legs tied’

The International Crimes (Tribunals) Act is "restrictive" and "inconsistent with fair trial principles"," Amir Hossain, state-appointed defence counsel for deposed prime minister Sheikh Hasina and ex-home minister Asaduzzaman Khan Kamal, yesterday told the International Crimes Tribunal-1."The ICT Act has serious limitations -- there is no option to apply the Evidence Act and the CrPC in this law. It's like asking someone to swim after throwing him or her into the river, tying hands and legs," he...
The International Crimes (Tribunals) Act is "restrictive" and "inconsistent with fair trial principles"," Amir Hossain, state-appointed defence counsel for deposed prime minister Sheikh Hasina and ex-home minister Asaduzzaman Khan Kamal, yesterday told the International Crimes Tribunal-1.
"The ICT Act has serious limitations -- there is no option to apply the Evidence Act and the CrPC in this law. It's like asking someone to swim after throwing him or her into the river, tying hands and legs," he said while rebutting the prosecution's formal charges in a case filed against Hasina, Kamal, and former IGP Chowdhury Abdullah Al-Mamun, now an approver.
Taking the allegation seriously, tribunal Chairman Justice Golam Mortuza Mozumder asked, "You mean the Evidence Act and CrPC should have been applied [to the ICT]?"
Amir agreed.
"The ICT Act imposes many bindings. We have to conduct the trial through numerous obstacles, which put the defence in an embarrassing situation," he said.
The defence also challenged the claim of "widespread" attacks. He said prosecution only could bring witnesses from fewer than 20 of the 52 districts where the prosecution alleged atrocities occurred. And in most of those districts, there was only one witness.
"Uncorroborated testimony from a single witness cannot prove widespread crimes," Amir said.
The tribunal observed that even killings in Dhaka alone could be termed "widespread".
Amir said Hasina's reference to "descendants of Razakars" targeted certain section of people, not all, and that her attempt to reform the quota system was blocked by agitators "as part of a larger design".
He argued the government had no role in a High Court writ petition on restoring the quota system in public service.
The tribunal chairman said the court's inaction, followed by the sudden disposal of the writ within a day or two, indicated a calculated plan and clear government influence over the judiciary.
Defending Hasina's 15-year rule, Amir said the prosecution ignored major achievements like the Padma Bridge, metro rail, Karnaphuli tunnel, and elevated expressway.
Justice Shofiul responded, "In the name of development, are you justifying enforced disappearances, extra-judicial killings, and torture?"
Amir replied, "Every government makes mistakes; no administration is above error."
He also defended Hasina's abolition of the caretaker government system. He said Hasina was the one who introduced the system. "The system was later corrupted when a BNP-led government extended the retirement age of judges to make one of them chief adviser," he said. "In that context, the caretaker government was scrapped, following a High Court verdict."
On corruption, he said, "Begumpara is not only for Awami League, BNP, Jatiya Party leaders, and bureaucrats are also there."