The Daily Morning Sun Online //

British lawyer Toby Cadman, who has been appointed as the special advisor to the chief prosecutor of the International Criminal Tribunal (ICT), has said that there is no time and place for political interference and revenge for past conflicts in the upcoming trial. The prosecutorial decisions here must be based on facts and evidence, not on revenge or political advantage.

UK-based international criminal law expert Toby Cadman said that ‘significant changes’ are needed in both the laws and rules by which the tribunal is governed to properly define crimes and ensure fair trials. He will not hesitate to give strong advice on what changes need to be made.

Toby Cadman was appointed last Monday. It is not clear whether he had the opportunity to review and advise on the draft amendments to the International Crimes (Tribunal) Act 1973.

Earlier this week, the tribunal showed the arrests of 13 politicians and 8 senior government officials from the previous Awami League government. They were shown arrested in cases of crimes against humanity and genocide in connection with the killing of protesters and others by law enforcement forces between July 16 and August 5.

It is reported that around 1,500 people were killed in the violence during the three weeks of July-August. However, a final list has not yet been published.

Professor Asif Nazrul, legal advisor to the interim government, said Cadman has been appointed to assist the prosecution team. He has been appointed to strengthen the prosecution considering his skills and experience. The accused also have the right to appoint foreign lawyers.

Cadman became known in Bangladesh for his strong criticism of the trials held at the International Criminal Tribunal for Bangladesh since 2011. He was not given the opportunity to come to Bangladesh and join the legal battle. In that trial, those accused of crimes against humanity were tried and sentenced.

Speaking, Toby Cadman stressed the need to learn from past mistakes. “The trials (of the tribunal) will now have everything that was not there before. The defendants must be given all the guarantees of a fair trial that they have been denied in the past. The trials must be for the sake of justice, not for revenge,” he said.

Cadman noted, “Although it (the trials) are much harder to do properly and without political interference, it may be more time-consuming and more expensive; but it is the only way to do these trials. The trial must be conducted through a thorough investigation and of course under accepted procedures.’

Cadman said, ‘It is important that this is done properly and that prosecutors play an independent and impartial role in their work. That is my commitment. I have no interest in this (influencing the trial) and I will ensure that those involved in personal crimes, regardless of their political party or any other interest, receive a fair and just trial.’

Last September, the British lawyer visited Bangladesh and met with the interim government’s chief adviser, Dr. Muhammad Yunus, representatives of the student movement, the legal advisor and the attorney general. In their talks, Cadman said, ‘he discussed the need to reform the judiciary and restore the rule of law.’

Toby Cadman said, ‘I was impressed by the strong desire to establish justice. I am also influenced by the strong desire to hold accountable those who commit serious violations of international humanitarian and human rights law, and to do so properly.