Analysis of the contempt judgement 4: The third article - 'mantras' and 'judicial conduct'

This is fourth in a series of articles analyzing the judgement involving three articles in this blog. The full judgement can be accessed here

To see the index to the series of articles analysing the contempt judgement go here

It should be noted, at para 44 of this judgement, the Tribunal explicitly states that 'We always welcome post-verdict criticism',  and and at para 73, 'We of course do not disagree that even post judgment criticisms is permissible.' So I make these comments in that context.

This particular post considers the comments relating to the third article which the Tribunal considered, entitled Azad Judgement Analysis 2 - Tribunal Assumptions which dealt with the numbers of those who died/killed in the 1971 war of independence.

It should be noted that in its judgement the Tribunal only considered the final of the three sections of this particular article presumably finding that there was no inappropriate criticism in the first two parts of the article, which in fact comprise the main part of the article. Below is the section of the article which the Tribunal comments on:

3. Numbers of dead

This issue is more of an aside .... and not really relevant to the judgement itself

The tribunal asserts that 'Some three million people were killed, nearly quarter million women were raped ... during the nine-month battle and struggle of Bangalee nation.' (para 3)

In doing so, it repeats what was stated in the first indictment passed by Tribunal 1 in relation to the Sayedee case.

There is however no legitimate evidence to support the contention that such a number died or were raped. The only population study that has attempted to assess the numbers of deaths during the 1971 suggest that there were about 500,000 deaths arising from the war, with a large proportion of these resulting from disease. The court did not hear any evidence on the issue of 'numbers'

This issue is discussed at some length here

The point about bringing this matter up is not to undermine the nature of the atrocities committed during the war, or to suggest that the war did not result in a very high level of losses. It is simply to point out that if the tribunal is supposed to be an adjudicator of truth, it would have been appropriate for it to have dealt with the issue of the number of dead in a more judicial manner - rather than referring to it like a mantra that has little or no factual basis.

Analysis of the contempt judgement 1: Right to initiate proceedings

This is first in a series of articles analyzing the judgement involving three articles in this blog. The full judgement can be accessed here

To see the index to the series of articles analysing the contempt judgement go here


It should be noted, at para 44 of this judgement, the Tribunal explicitly states that 'We always welcome post-verdict criticism',  and and at para 73, 'We of course do not disagree that even post judgment criticisms is permissible.' So I make these comments in that context.

This particular post considers arguments relating to locus standi - which means the right of the applicant to bring the action.

Analysis of the contempt judgement 3: The second article - 'Shaking the confidence'

This is the third in a series of articles analyzing the judgement against me involving three articles in this blog. The first one can be seen here, and the full judgement can be accessed here

To see the index to the series of articles analysing the contempt judgement go here

It should be noted, at para 44 of this judgement, the Tribunal explicitly states that 'We always welcome post-verdict criticism',  and and at para 73, 'We of course do not disagree that even post judgment criticisms is permissible.' So I make these comments in that context.

This particular post considers the comments relating to the second article which the Tribunal considered, entitled Azad judgement analysis 1; 'in-absentia' trials and defense inadequacy. Unlike the first article, this dealt with a completed judgement, that of Abul Kalam Azad. I would encourage you to read this to appreciate the analysis contained below

Analysis of the contempt judgement 2: First article, 1971 numbers

This is second in a series of articles analyzing the judgement  involving three articles in this blog. The full judgement can be accessed here

To see the index to the series of articles analysing the contempt judgement go here

It should be noted, at para 44 of this judgement, the Tribunal explicitly states that 'We always welcome post-verdict criticism',  and and at para 73, 'We of course do not disagree that even post judgment criticisms is permissible.' So I make those comments in that context.

This particular post considers the comments relating to the first article which the Tribunal considered, entitled Sayedee indictment - 1971 deaths, which dealt with the numbers of those who died/killed in the 1971 war of independence. I would encourage people to read or at least scan this article.

In good faith - articles, statements in support

To see index of analysis of the judgement, go here

During the course of the contempt proceedings involving three articles published on this blog, there have been a number of pieces published on the case which I have refrained from posting or providing links in order to avoid any claim of trying to interference with the proceedings.

Now that the proceedings are over, I am providing some links to them and would encourage people to read them.

In addition, there have been a number of statements given after publication of the judgement, which are set out below

Pre-Judgement

1. 'A Man and History on Trial: The Case of David Bergman' by Larry Lifschultz

Lifschulz is famous in Bangladesh as the author of 'Bangladesh: the unfinished revolution' which inter alia investigates the murder of Sheikh Mujib in 1975. He has acted as an expert witness in the Bangladesh courts in relation to the killing in 1976 of Abu Taher, and has written on some of the most contentious parts of the country's history. He has pretty much an impeccable reputation. 

This article is particularly notable as he provides some new evidence on the issue of numbers.

2. 'The politics of contempt in Bangladesh' by Salil Triparthi

Triparthi is an Indian journalist and writer, who has just published a book on the Independence War of 1971, called The Colonel Who Would Not Repent: The Bangladesh War and its Unquiet Legacy

3. The Trial of David B by Tibria Ali

Ali is a physicist at the Perimeter Institute for Applied Physics and an editor of the Alal-o-Dulal blog

A shorter version of this article was also published in the Daily Star. 

4. In Good Faith by Zafar Sobhan

Zafar is editor of the Dhaka Tribune


Post-Judgment statements and articles

1. Statement by Pen International

2. Statement by John Raulston Saud, Chair of Pen International

3. Statement by South Asian journalists, writers, historians and activists

4. Statement by Reporters without Borders

5. Freedom and Memory (Alal-o-Dulal)

Comment on Today's Contempt Judgment

See: more detailed analysis of the judgement here:

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So, today's judgement relating to three articles written on this blog was pretty much a full throated, no holds barred take-down.

There are quotes galore about my supposed ill-motivated intention - and the judgement comes close to suggesting that I was acting for 'some other party'. Those who do not like my writing about the Tribunal will certainly find lots of pejorative adjectives and adverbs and adverse descriptions of me to suit their taste.

For me, of course, the conclusions of the court are therefore hugely disappointing - and indeed I would say shocking, particularly due to my long standing journalistic work of many years, which has been fully in support of bringing to account those alleged to have committed international crimes during the country's 1971 independence War.

If there was a legal right to appeal this judgment I would do so. However, the International Crimes (Tribunal) Act 1973 does not allow this! Only convictions/acquittals for offenses relating to international crimes can result in an appeal; not convictions for contempt of court. Moreover, Article 47 A of the constitution further restricts any appeal against the legality of the proceedings at this Tribunal.

However apart from its impact upon me, the judgement is likely to make it increasingly difficult for journalists and other writers in Bangladesh to comment critically on any judicial proceedings and judgments, even when those proceedings are completed.

Contempt charges relating to this blog

To read about the contempt charges brought against articles on this blog, go here. The judgment is due to be given today