December 16, 1971: From East Pakistan to Bangladesh
December 16, 1971: From East Pakistan to Bangladesh
JeI founded by Moududi was based on some innovation and deviant ideology, which are related or similar to Jamal-al-din Afghani, Hassan al-Banna, Nabhani, Syed Qutb et al, which are responsible for the so called "political Islam" and various flavors of Muslim brotherhood parties we see today in different parts of the Muslim world. All of them are a product of the breakdown and fall of large Muslim states such as Ottoman and Mughal empires in the last 200 years. To recover this situation we need a global fiqh (Islamic jurisprudence) council which will correct all deviations with sound Islamic scholarship and consensus from global Muslim population.
ummah could not keep Muslims of India united and it could not keep east and west Pakistan United a couple of decades after partition.
Last edited by somebozo; 05-14-2012 at 11:36 PM.
This fart off show trail by BAL munafiqs is a dark part of our history.
scrutinized by both HRC of UN ,EU as well as ICC. The witness in favor of the accused were
barred from coming to court and are harassed and by Police and law inforcements. SO far they
have utterly failed to provide valid documents and witnesses to prove their case against any of
the accused. Some of the people accused of war crimes were only 12 years old during the war.
Goes to show the kind of facist court this is. But it seems Indian media is one step
ahead than awami dalals to prove legitimacy of this trail. Its just a ploy to weaken the opposition.
And u have to accept that Trials were stalled during Zia and BNP regimes...
Only the BAL is prosecuting those, while BNP allows them to go scotfree...
AL are trying the best they can..
However if proof is there they can prosecute, and i hope war crime trials are done accordin to international standards
The Bengali's have earned my respect.
If he is guilty, BD should just hang him since he doesn't have much years left anyways.
Here's an interesting read:
War Crimes Trial in Bangladesh under the International Crimes (Tribunal) Act, 1973 - Peace and Collaborative Development NetworkUpcoming War Crimes Trial: A Burning Issue of Bangladesh
Bangladesh came into existence in 1971 and the 16th December is celebrated as the Victory Day of Bangladesh. People of Bangladesh fought a fight with the then Pakistan Army from 25th March to 16th December of 1971. But the war crimes trial is the most talked political and legal issue of Bangladesh at present. On 29 January 2009, Bangladesh Parliament adopted a resolution to try war criminals. On 25 March 2009, the government decided to try war criminals under The International Crimes (Tribunals) Act, 1973. But civil society is giving importance to whether the trial will be an international standard as the formation of the Court unlike Rwanda, Yugoslavia and recent Cambodia (those tribunals comprised of one or two international Judges with domestic judges). Secondly, the recent amendment regarding the jurisdiction of the Court (inclusion of civilians’ offences) may favour the accused because the International War Crimes (Tribunals) Act, 1973 did not include the civilians to try under that Act. Moreover, civilians who committed offences were regarded as “Rajakar” (Collaborators) who assisted the Pakistan Army during liberation war. Those Civilians were tried under the Bangladesh Collaborators (Special Tribunals) Order, 1972. But the Collaborators (Special Tribunals) Order of 1972 was repealed on 31 December, 1975. Thus the new amendment of the Act will face three challenges: (i) the amendment of the jurisdiction after 38 years of the offences committed (iii) “Res Judicata” and (iii) the Amnesty of 1975.
As published in the Daily Star “Trial of war criminals has long been a demand of the nation and the Awami League promised in its election manifesto to meet that demand.
High Court Division Judge Md Nizamul Huq has been made the chairman of the tribunal. Its two other members are High Court Judge ATM Fazle Kabir and retired District Judge AKM Zahir Ahmed.
Advocate Golam Arif Tipu will lead the 12-member prosecution team, which also has lawyers Syed Rezaur Rahman, Golam Hasnain, Rana Das Gupta, Zahirul Haque, Syed Hayder Ali, Khandaker Abdul Mannan, Mosharraf Hossain Kajol, Jiad Al Malum, Sultan Mahmud Semon, and ruling AL lawmakers Sanjida Khanam and Nurul Islam Sujan.
The seven-member investigation agency was formed under section 8(1) of the International Crimes (Tribunals) Act 1973. Former additional secretary Abdul Matin, who was also a district judge, will lead the agency.
Other investigators are former inspector general of police Mohammad Abdur Rahim, former deputy inspector general Qutubur Rahman, Major (retd) ASM Shamsul Arefin, Additional DIG of the Criminal Investigation Department Mir Shahidul Islam and CID inspectors Mohammad Nurul Islam and Mohammad Abdur Razzaque Khan.”
However it is now evident that government of the People’s Republic of Bangladesh has stepped to try the war criminals and it should be. On 3 December 1973, a resolution of the General Assembly (resolution number 3074) was adopted underscoring the obligations of member-States of the UN in the detention, arrest, extradition and punishment of war crimes and crimes against humanity. And certain war crimes were primarily investigated by the UN Security Council prior to the formation of the Special Tribunal like Rwanda and Yugoslavia. In the case of Bangladesh, the war crimes have not yet been investigated by any UN authority like UNSC for long standing 38 years. But Bangladesh as a member of the UN, and as this trial is covered by its domestic law as per the Rome Statute, 1998, and the existing government is willing and supposed to be able to try the offences, there is no legal barrier for Bangladesh to hold the trial.
On October 31, 2007 the Sector Commanders Forum of the Liberation War reportedly said that the war criminals committed 53 types of crimes in the country in 1971. About 5,000 killing fields are located in the country. These crimes fall under genocide, crimes against humanity and serious breaches of the 1949 Geneva Conventions on armed conflict. Those who attempted, instigated, conspired to commit such crimes and connived in not preventing such crimes are also liable to punishment.
Bangladesh government announced first amnesty on 6 May 1973 under The Bangladesh Collaborators (Special Tribunals) Order, 1972 for persons convicted or charged with offences under this law. A second amnesty was announced under the same law on November 30, 1973 for those who were convicted or accused of serious crimes. And these amnesties were done by the leader of the liberation war and the founder President of Bangladesh Bangabandhu Sheikh Mujibur Rahman . Legal personalities are thinking whether those trials and amnesties are counted as “Res Judicata” However, with the change of regime in 1975 , the Collaborators (Special Tribunals) Order of 1972 was repealed on 31 December, 1975. Under the law, all proceedings in any Tribunal, Magistrate, or Court and all investigations or other proceedings before any police officer or other authority “shall abate and shall not be proceeded with”. Accordingly 11,000 held for trial were set free. Now question arises whether the government is going to try the 11,000 offenders again, or in a unified whole.
The amnesty announced does not cover those who had specific charges of collaboration and according to a statement of the then leader of opposition Sheikh Hasina (existing Prime Minister) in the parliament on 16th April, 1992: “Around 37,000 anti-liberation personnel were captured after the war among which 26,000 were freed after the general clemency was declared. Even then 11,000 war criminals were held captive and were being tried”.
However, the other law, the International Crimes (Tribunals) Act 1973 has not been repealed and it is still a law of the land. But one fundamental question arises- The International Crimes (Tribunals) Act, 1973 was enacted on 20th July 1973 and as per jurisdiction of this law, “ A Tribunal shall have power to try and punish any person irrespective of his nationality who, being a member of any armed, defense or auxiliary forces commits or has committed in the territory of Bangladesh, whether before or after the commencement of this act” As per the definition of the “auxiliary forces”, it includes “forces placed under the control of the Armed Forces for operational, administrative, static and other purposes”. Generally ‘forces’ means and includes the Army, Navy and Air Force. Apart from this, forces may include the Police, Ansar, etc. So here one question is fundamental if ‘forces’ include civilians, why the present amendment of the jurisdiction includes the term ‘civilians’ again. Thus the general explanation ‘forces’ is clear that it does not include civilians. That’s why legal thinkers are saying the main objective of this law to try the offences committed by the Armed Forces during the Liberation War of Bangladesh. So, to try the offences of the civilians under the law after 38 years commencement of the offences, and through the amendment of the law is seemingly violation of the main objective and spirit of the law. They think that the amendment regarding the jurisdiction of the Court might not be justified after a prolonged period of time, and it might be much more political than the legal.
Very much significantly The International War Crimes (Tribunals) Act, 1973 has been protected by an amendment of the Constitution of Bangladesh (Article 47.3) so that the Supreme Court can not term the Act unconstitutional for being counter to any of the fundamental rights enshrined in the Constitution.
Some legal experts argue to revisit the Act particularly section 11 (Power of the Tribunal), Section 17 (Right of the Accused) and Section 21 (Right of Appeal) to conform with the provisions of The International Covenant on Civil and Political Rights, 1966 specially Article 9 (arrest and speedy trial), and Article 14 and 15 (the right of the accused), etc. Another human rights issue is the provision of death sentence of the law. Even after trial, the verdict of the Tribunal and the execution of the death sentence may contradict to the law of extradition particularly of Europe.
In these circumstances, The UN legal experts may assist Bangladesh as to whether the aforesaid provisions of the Act requires to be amended in the light of the provisions of the UN human rights conventions/treaties to which Bangladesh is a party. After the due amendment of the law if necessary, government can set up a tribunal, appoint prosecutors and investigation agency for legal proceeding. Government can make a Pre Trial Chamber like the ICC to find out the prima facie case before sending to the Trial Chamber. As the tribunal cannot work until prosecutors submit the charges to the Tribunal, the prosecutors can only submit a formal charge/FIR until the Investigation officers complete their investigation and a prima facie case has been made against a person.
Apart from this, many jurists opine to include internationally accepted Judges with the domestic Judges of the High Court to ascertain impartiality of the cases. They argue, in Bangladesh, the Judges of the High Court are appointed mostly from the lawyers who practice in the Supreme Court (High Court Division and Appellate Division) at least 10 years. As those lawyers were more or less politically biased during their legal practice, trial or justice regarding war crimes trial may be influenced to some extent.
However, crimes against humanity, war crimes and genocide are the gravest crimes in international law and the exemplary punishment is an important element in the prevention of such crimes, protection of human rights and the promotion of international peace and security. Fortunately, there is no prescription of time (law of limitation) in the act to implement the law. Apart from this, offences like murder, genocide, crimes against humanity, etc have universal jurisdiction. But such a trial must be held in conformity with the human rights covenants/ treaties of which Bangladesh is a signatory, and which must not raise any question about the standard of formation of Court and its legal proceedings.
Written by: Md. Ashraf Hossain, Institute of Diplomacy and International Studies (IDIS), Rangsit University, Thailand.
Although the article is the author's personal opinion, it does present accurate historical facts regarding the matter.
My issue is not the persons just because they are a bunch of pseudo-Islamists and to prove myself as more Muslim than Muslims.
My issue is is that it must not violate the international human rights treaties and conventions with which Bangladesh is a signatory of. If it raises questions afterwards, it'll ultimately hurt Bangladesh in the long term. Politics of Bangladesh is unpredictable.
You want my opinion?
I have no doubt that the Jamaati leaders have indeed been hiding from something. Whenever there are any intended investigations against them, the people doing so are hindered in some manner. Particularly under the BNP administration. Why do so if they are innocent in the first place?
See, the thing is that we can't have a simple straight answer regarding this. It is far more complicated than it initially appears.
But then, the question is - has Jamaat proven itself as a significant force in the politics of Bangladesh? The answer is simply no. So whatever happens to those old men, they are more or less inconsequential. But please, do respect international norms due to the nature of the trail as intended.
I really have no opinion of Modi. All I can say is that the man has a lot of political bag in him. But that's your country's internal matter.
he should not be jailed because he was fighting for his country which at that time was pakistan
and he was trying to keep the muslims united
biggest traitor is Sheikh Mujibur Rahman and his daughter
they should have wiped out the whole family properly
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