To the Editor: In his statement on the trial of Sheik Mujibur Rahman, the U.N. Secretary General, U Thant, notes that it is “within the competence of the judicial system of a member state” (news story Aug. 10). While this, seems to be true technically, the trial clearly violates the Geneva Conventions of 1949, to which Pakistan is a party.

The trial is purported to be held in camera, in complete secrecy, at the Pakistani military court in Rawalpindi, and Sheik Mujib's fundamental right to choose his own defense lawyer has been denied. The plea made by two British international lawyers to represent him during his trial has also been rejected by the Pakistani Government. This contravenes Article 3 of the Geneva Conventions, which categorically prohibits “the passing of sentences and the carrying out of execution without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized people.” A juridical interpretation of this provision would put the trial of a civilian leader by a military court beyond the court's power.

As late as last Dec. 9, Pakistan voted in support of the U.N. General Assembly Resolution No. 2675 (XXV), which provided that “fundamental human rights as accepted in international law and laid down in international instruments continue to apply fully in situations of armed conflict.”

The clear violation of these two important provisions of international law vindicates the position that the trial of Sheik Mujib is no longer “within the competence of the judicial system of a member state” of the United Nations. The matter should be immediately taken up by the International Court of Justice at The Hague.

Dilip K. Basu
Ann, Arbor Mich., Aug 10, 1971