The UK police's failure to investigate 1971 war crimes 20 years ago

Chowdhury Mueen Uddin with Prince Charles

The Jewish Chronicle and the Spectator have written two articles critical of how the British government, and others groups within the UK have allowed themselves to dialogue with 'Islamists who dominate Muslim institutions in the UK.'

These articles were written in light of the conviction in Bangladesh last week of British citizen, Chowdhury Mueen Uddin for crimes relating to his alleged masterminding the abduction of 18 'intellectuals' in the final days of the country's independence war in 1971. (Here is a copy of the judgment)

He was given the death penalty.

As written elsewhere, Mueen Uddin and his lawyers have strongly attacked the tribunal that prosecuted him - and, unfortunately, with some legitimacy.

Whilst the questions suggested by the Spectator and the Jewish Chronicle may be interesting to ask, there is is a far more significant concern that requires consideration, and maybe even investigation.

This relates to a point that Martin Bright makes in his JC article. In response to Mueen Uddin's assertions of innocence and also his stated willingness to be tried in another forum, Bright asked whether one should:

"... allow this country’s legal system to deal with the allegations against Mr Mueen-Uddin. Scotland Yard investigated the case in the 1990s after a Channel 4 documentary brought the allegations to light and the police should look again at whether there is enough evidence to bring him to trial in the UK."

This extract suggest that Mueen Uddin's conduct in 1971 was investigated by the British police 20 years ago in 1995 when they were first brought to its attention by the Channel 4 documentary.

However that was not the case.

A file of evidence was indeed sent to Scotland Yard - but the police never 'investigated' the allegations. It decided that it need not look any further as its lawyers advised it that 'primary jurisdiction' over such a case was with the Bangladesh government, and - that being so - the police sent the file to the Bangladesh High Commission.

It is this UK police decision which needs to be subject to a great deal of criticism.

This is because international lawyers will tell you that there is no concept in international law of 'primary jurisdiction'. Whilst it may be true that the normal preferred position is for a war criminal to be prosecuted where the crimes took place - and in that sense Bangladesh has primary jurisdiction - if Bangladesh is not going to prosecute and the United Kingdom is not going to extradite then the United Kingdom should take action itself

It is arguably the failure of the British police to take the allegations against him seriously in 1995 that is the reason why Mueen Uddin will most likely never have to face a court of law (having been tried in absentia in Bangladesh, and will not be extradited to face the death penalty.)

In 1995, although even then 24 years had passed since the alleged crimes, a significant amount of evidence was available. This not only comprised the evidence that was collected for the film itself, but other evidence collected subsequently - in part facilitated by the libel case which Mueen Uddin initiated against Channel Four.

A large amount of evidence was collected in the form affidavits or signed statements. As part of its preperations in defending the libel action, Channel Four lawyers also filmed interviews with the witnesses reading out their statements. This was all available then.

In the 20 years since, however, many crucial witnesses have now died. Also some evidence has been lost.

The point is whilst evidence does continue to exist concerning Mueen Uddins's involvement in 1971 crimes (and the police should certainly be looking at what is currently available) the evidence in 1995 was that much stronger than it is now, and the question is: why was it not properly scrutinised and assessed at that time, and if necessary further investigations carried out?

As mentioned above the view of Scotland Yard that it lacked 'primary jurisdiction' was very questionable. It is a great pity it was not legally challenged properly at the time.

The British police could certainly have investigated  these offenses, and if there was sufficeint evidence prosecute in the UK courts, particularly as it should have been very clear that there was no appetite for prosecuting these offences in Bangladesh at that time.

The failure of the police to investigate Mueen Uddin in 1996 is arguably a matter of some negligence on its part - and may well have allowed a person, against whom serious allegations lie - to escape justice.