UN High Commissioner for Human Rights Volker Türk has said that all killings during the July-August movement need to be investigated and that there needs to be a national process of truth and healing to move forward.
“When it comes to any killings, they need to be investigated, irrespective of the time trip. All killings need to be investigated. That's what human rights demand because we cannot allow killings to happen with impunity,” he said at a press briefing before ending his two-day visit to Dhaka on Wednesday.
His visit follows the deployment of a fact-finding mission by his office, OHCHR, to look into human rights violations committed from July 1 to August 15 when hundreds of people were killed and many more injured.
“After any period of repression, upheaval and violence, there needs to be a national process of truth and healing to move forward,” Volker Türk said while offering the support of his office.
He also highlighted the shortcoming of the International Crimes Tribunal and lamented the filing of cases against the individuals solely on the basis of their previous political affiliation, including members or supporters of Awami League, and against journalists without proper investigation.
On the question of banning of Bangladesh Chhatra League, the students’ wing of the Awami League, he reminded about the promotion of the freedom of assembly, freedom of association and the freedom of political participation.
“With so many cases to manage from just the recent past, criminal justice can only provide part of the answer. The legitimate pain and anger of victims, their loved ones, and society-at-large requires a comprehensive approach that includes fair criminal trials, truth-seeking processes, reparations for victims and initiatives to memorialize and preserve the history,” he said.
“Criminal justice is key, but it is crucial to ensure that charges are not brought in haste, and that due process and fair trial standards are upheld throughout, including in the International Crimes Tribunal.
“I found the interim government to be aware of the problems with the proceedings in the International Crimes Tribunal in the past. My office has provided comments on amending the ICT law, to bring it into line with international standards and to ensure the right to fair trial, and that justice is served without compromising due process,” he said.
“We will be looking at other ways that we can accompany and support this process. I hope there will also be a public discussion on the use of the death penalty in the future. My own view, informed by the law and by evidence, is clear: the death penalty should be relegated to the past.
“It is key that criminal cases are not filed against individuals solely on the basis of their previous political affiliation, including members or supporters of Awami League.
“There are concerns that some charges are not founded on proper investigation, including a large number of murder charges against journalists,” said the UN human rights chief.
“It is important not to repeat the patterns of the past. I welcome the creation by the interim government of a committee to look into this matter as a tool to address the possible proliferation of false cases. It is essential to prioritize due process,” he said.
He said the fact-finding mission of his office is also investigating allegations of attacks against minorities between August 5 and 15.
“I was encouraged that in many of my discussions, there was a call for enhanced support of my office, including through a strengthened presence. We look forward to concluding the discussions on the modalities of our enhanced presence in Bangladesh with the interim government,” he said.
Asked about the banning of Chhatra League using the terrorism law, the UN rights chief said: “There has been a lot of discussions about terrorism laws and the so-called war on terror. We have seen the consequences of it because, unfortunately, the labelling of terrorism has been done in a way that has often also included people who disagree, who are political dissidents.
“So, let's not forget that Nelson Mandela, our big hero who has been healing a whole country, was considered a terrorist by the South African apartheid regime,” he said.
About the proposal of banning the Awami League for the July-August killings when the party was in power, he said they hope that human rights remain the compass of any process.
“And human rights law is clear about it promotes the freedom of assembly, the freedom of association, the freedom of political participation. Non recurrence of the past means that you are when it comes to political participation, for example, that you are guided by the very clear provision of human rights law,” the UN human rights chief said.
“You need accountability, you need justice, as I mentioned, you need truth telling, you need memorial and you need what I mentioned as well, the non-recurrence of the past.”
On the healing process, he said there needs to be “national ownership” for national healing to happen. “The national healing process has always to be one that is homegrown.”
“This unique, unprecedented moment in the history of Bangladesh is the result of young men and women having taken to the streets – at great personal risk – to express that they had had enough of being ignored and marginalized,” he said.
“Enough with the silencing of dissenting voices. Enough with the acute inequality, discrimination, corruption and abuse of power that had taken hold in the country,” he said, adding: “Human rights and social justice were the core of their demands.”
“Despite the grief and sense of loss, in my discussions with civil society, with students, with officials and others over the past two days, there was palpable hope that this time, through this transition, things will be different,” he said.
“This time, there must be justice. This time, reforms must be sustainable and durable, so that the abusive practices of the last decades are not repeated.
“Inequality, cycles of revenge and retribution, marginalization, corruption, and gross human rights violations must be consigned to the past. And my office, the UN Human Rights Office, is here to do everything for Bangladesh to succeed in this regard,” Volker Türk said.
“An inclusive approach, where every voice is heard and valued irrespective of class, gender, race, political ideology, identity or religion, will be key – reflecting the aspirations and diversity of the movement that sparked this transition.”
He welcomed statements by Chief Advisor Dr Muhammad Yunus that reinforce Bangladesh’s commitment to human rights, to social justice, and accountability, that acknowledge the need for comprehensive reforms in various institutions, including law enforcement, as well as the need to address economic inequalities.