Thursday, 13 January 2011

Barrister Toby Cadman on January 12 said the principles of the international law and 'due process' must be followed in holding trail of the international crimes in a free and fair manner.

Otherwise, the whole process of such a trial was defected, Toby Cadman, a former prosecutor of Bosnia and Herzegovina, said, "Justice must not only be done: it must be seen to be done."

Toby Cadman of London was delivering a lecture on "Principles of Fair Trial, Rights of the Defence, Freedom of Expression and the Role of the Journalists" at the Shaheed Shafiur Rahman auditorium of Supreme Court Bar Association (SCBA) in the SC.

The function was presided over by the former Law Minister and BNP standing committee member Barrister Moudud Ahmed while Advocate Tazul Islam, among others, addressed it.

As Bangladesh signed the International Convention on Civil and Political Rights (ICCRP), it must have to comply it rules in investigating and holding trail of the international crimes, Cadman, a member of the International Bar Association War Crimes Committee said.

"According to standards of fair trail, if there are reasons to be doubt impartiality of any judge of the crimes court, then the judge must withdraw from the case," said Cadman.

There have to have path of challenging impartiality of the judges before the court, he said.

"Keeping the alleged accused in jail for long or unlimited period is against international law," Cadman said, adding that the alleged persons have to be faced trail in due time and the trial have to be completed in logical period.

The accused persons must let know the documents and allegations, against them, that the Prosecution have, and not partially rather completely, he said.
Toby Cadman also stressed on freedom of expression and media and on objectivity in reporting.

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