Rohingya genocide hearing may be held in Bangladesh
The hearing of the case concerning genocide of the Rohingyas in Myanmar may be held entirely, or partially, in Bangladesh. The registry, which is the official secretariat of the International Criminal Court (ICC), has submitted its observations to the court, suggesting that the hearing be conducted in a location nearer the Rohingyas, rather than at The Hague. The observation spoke of five possible factors regarding the hearing in Bangladesh. The matter awaits the decision of three judges of ICC’s pre-trial chamber.
ICC’s registry presented its observations on 21 September. The records of the court, however, also indicate that there were two confidential addendums as well, concerning the security issues in holding the hearing in Bangladesh.
An appeal on behalf of the families of the genocide victims and the representatives of the Rohingya community, was submitted to ICC on 4 August, asking that the hearing be held in a location nearer the affected persons. This would be easier for the witnesses to present their testimonies and to observe the proceedings. The office of the chief prosecutor at ICC opposed the appeal and asked that it be dismissed. However, the pre-trial chamber on 17 August directed the office of the registrar at ICC to look into the feasibility of the matter.
Legal experts and human rights activists in recent times have been strongly advocating that the trial procedures of the Rohingya genocide be relocated to Asia
The five factors that were put forward in the registry’s observations were: 1. The chamber or a selected judge will visit the Rohingya camps in Cox’s Bazar, Bangladesh. 2. The chamber or a selected judge will hear the testimony of the witnesses in Bangladesh over video in accordance to Article 56 of the Rome Statute. 3. The chamber or a judge will explain to the victims staying in Bangladesh the matter of their participation. 4. The entire hearing to draw up the charges will be held in Bangladesh. 5. Arrangements will be made to announce the decision in Bangladesh about preparing the charges.
The registry also told the court that there would be need to extensively look into the prevailing situation in Bangladesh, the state of COVID-19 transmission, technological infrastructure and other essential facilities. These facilities include audio and video recording in court, simultaneous interpretation, public gallery, and facilities to display evidence in court. It also said that other than the two languages of the court, English and French, there would be need to translate the court proceedings into Bangla, Rohingya and Burmese. And due to technological challenges, the registry proposed that there be no media centre in the court.
The observation contained details of the fives ways in which the affected people could participate in the hearing. The preparations mentioned about the hearing to form the charges were extensive and time consuming. It was said that according to Article 100 (3) of the Rules of Procedure and Evidence, whichever method the court accepts, will require Bangladesh's approval and cooperation.
Legal experts and human rights activists in recent times have been strongly advocating that the trial procedures of the Rohingya genocide be relocated to Asia. Dr. Azam Tamimi, author of 'The Rohingya: Inside Myanmar's Genocide', recently wrote in 'Arab News' that Singapore or Malaysia would be an appropriate location to hold the trial procedures.
*This report appeared in the print and online editions of Prothom Alo and has been rewritten for the English edition by Ayesha Kabir