Trials must be a “thirst for justice not a thirst for blood”: Cadman

Toby Cadman, the Bangladesh government’s newly appointed Special Prosecutor Advisor to the International Crimes Tribunal (ICT), says that the forthcoming trials should be “no place and no time for political interference and settling of old scores” and that prosecutorial decisions “must be based solely on the evidence and not out of vengeance or political expediency.”

The UK based international criminal law specialist, also told Prothom Alo that there needs to be “significant changes” to both the law and the rules of procedure governing the tribunal to ensure that “definitions of crimes are properly articulated and that fair trial guarantees are maintained.” He added that that he would “not shy away from giving robust advice" on what changes need to be made.

It remains unclear whether Cadman, who was appointed on Monday, has had an opportunity to see and advise on the final version of the amendments to the International Crimes (Tribunal) Act 1973 which was approved at a meeting of the advisory council on Wednesday.

Earlier in the week the Tribunal “showed arrested” 13 politicians and 8 senior officials of the former Awami League government, for the offences of crimes against humanity and genocide involving deaths of protestors and others at the hands of law enforcement authorities between 16 July and 5 August.

As many as 1,500 people are reported to have been killed by law enforcement authorities in the three-week period, though no conclusive list has yet been published.

Asif Nazrul, the Law Advisor said that Cadman was appointed to help the prosecution team. “Given his expertise and experience he is appointed to strengthen the prosecution. The defence also has the right to appoint foreign lawyers,” he said.

Cadman is known in Bangladesh for his strong criticism of the previous trials held at Bangladesh’s ICT from 2011 when he was part of the defence team that represented the leaders of the Jamaat-e-Islami who were prosecuted and convicted for international crimes committed during the country’s 1971 independence war. A number of the men were subsequently executed. In August 2011, soon after the trials started, the Awami League government prevented Cadman from entering the country.

Whilst talking to Prothom Alo, Cadman emphasised the importance of learning from the mistakes of the past.

“The trials now must be everything that the previous trials were not,” he said. “The defendants must be given all the fair trial guarantees of which the previous defendants were deprived. It must be a thirst for justice not a thirst for blood.”

He pointed out that whilst, “It is much harder, takes much more time, and can be more costly to do it properly and without political interference, but that is the only way to do it.  These trials will be placed under significant scrutiny and that must be recognised.”

Cadman, who has specialised in international criminal law for more than 20 years, denied that his previous role as Jamaat’s defence lawyer would stand in the way of achieving these objectives.

“It is important that this work is done properly and that prosecutors act independently and impartially in their work.  That is my commitment.  I have no axe to grind and will ensure that those persons who bear individual criminal responsibility are properly and fairly prosecuted regardless of what political party they may be associated with or any other relevant matter.”

Cadman says his role includes assisting and advising the Chief Prosecutor “in the preparation and presentation of cases before the International Crimes Tribunal” as well as in coordinating international assistance and providing advice on the legal framework.

In September, the UK lawyer visited Bangladesh and met with Mohammed Yunus, members of the student movement, the Law Adviser, and the Attorney General where he says he “discussed the need to reform the judiciary and re-establish the rule of law.”

“It was impressed upon me that there was a very strong desire for justice. A strong desire to hold accountable those persons that had committed serious violations of international humanitarian and human rights law and the desire to do it properly,” he stated

Cadman says that he will be spending a minimum of 60 days in Bangladesh over the first 12 months, but will also be working remotely, and that. “At this stage I have agreed to take up the role on a pro bono basis,’ he said, meaning he will not be paid.