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Bangladesh considers court-martial for mutiny suspects

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Bangladeshi officials said Saturday that the government is considering trying by court-martial the more than 1,000 border guards accused of participating in the Bangladesh Rifles (BDR) mutiny, which killed dozens of top BDR officials, including the force's commander. Law Minister Shafique Ahmed said the government would wait for an investigation report before deciding between prosecution under conventional law or special tribunal. Ahmed said BDR members could be tried under the Army Act 1952, while outsiders could face charges under the International War Crime Tribunal Act 1973 or the Special Tribunal Act, which would require a constitutional amendment. The death penalty is available under each of these laws. The US has sent a two-person FBI team to Bangladesh to assist the investigation. Last week, police in Bangladesh charged more than 1,000 members of the paramilitary BDR in connection with the mutiny. The incident comes in a time of difficult transition for Bangladesh. Voters elected Prime Minister Sheikh Hasina in December 2008, ending two years of military rule. In January, Ahmed declared his government's desire to restore Bangladesh's 1972 constitution. Prior to the elections, interim Bangladeshi president Iajuddin Ahmed signed the Emergency Powers (Repeal) Ordinance of 2008, lifting a two-year state of emergency to allow for political campaigning. The state of emergency, declared in January 2007, had suspended democratic rights throughout the country.

Full post as published by JURIST - The Paper Chase on March 08, 2009 (boomark / email).