The International Crimes Strategy Forum voiced shock and disappointment over the United Kingdom Supreme Court鈥檚聽 recent decision in the case of Chowdhury Mueenuddin (appellant) versus Secretary of State for the Home Department (Respondent) [2024] UKSC 21 in favour of the appellant.
Chowdhury Mueenuddin, now a UK citizen, was convicted a decade ago of crimes against humanity by the International Crimes Tribunal, Bangladesh for his role in the infamous intelligentsia murders during the War of Independence in 1971.聽
The decision made in the course of a mere civil trial in the UK, although it has no binding effect on ICT-BD鈥檚 original finding of Mueenuddin鈥檚 criminal liability, and in no way signifies his exoneration even by the UK court, is based on several unadjudicated issues, unfounded claims, and uncalled for remarks by the UKSC (against the ICT-BD) which it has no authority whatsoever to make, said the ICSF statement issued on Tuesday.
This decision by the UKSC undermines decades-long efforts of Bangladesh and its civil society to end impunity by bringing known perpetrators of mass atrocity crimes to justice, betrays the victims and survivors of these crimes, and raises serious questions about the UK judiciary鈥檚 commitment to international justice and human rights towards victims of international crimes in faraway lands, it added.
In the past, rights groups in the UK have also raised deep concerns regarding the UK鈥檚 problematic record of sheltering thousands of individuals responsible for international crimes perpetrated around the world, said the statement.
As a signatory to the Genocide Convention, and host of other international human rights treaties, such a decision signals the UK鈥檚 lack of commitment towards preventing and prosecuting mass atrocity crimes and upholding victims鈥� rights, said the ICSF.
It also found the greatest shortcomings of the UK Supreme Court in the case was its inability or unwillingness to strike a balance between the human rights of Mueenuddin and his victims and survivors, particularly, their right to justice.
As a member of the Commonwealth, opportunities for diplomatic engagement, including extradition efforts, have not been adequately pursued, it said, adding that the handling of Interpol鈥檚 Red Notice on Mueenuddin also appears to have been deficient, with no action whatsoever taken since 2019 when the UK case first emerged.
The ICSF called on the Bangladesh government to investigate its series of failures in the matter and make the findings public, assess the short and long-term implications of these failures, implement mitigating steps, and prevent repetitions of such failures.
The verdict by the UKSC is concerning as it sets a precedent of undermining findings of international crimes by foreign tribunals of sovereign nations, the statement said.
International Crimes Strategy Forum is an independent global network of experts, justice advocates, and organisations committed to ending impunity for international crimes, ensuring justice for the victims of these crimes, and upholding the rule of law and human rights.