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Trial and Punishment of War Criminals

Saleque Sufi |
Update: 2014-09-18 08:22:00
Trial and Punishment of War Criminals

Government of Sheikh Hasina honoring its pledge and reaming committed to its mission of trying and punishing War Criminals of 1971 and other killers and criminals are proceeding on formal judicial process. One Quader Mollah is already executed; few other reviews by appellate divisions are waiting to be announced. One verdict against Delawar Hossain Sayedee is just announced relaxing his original death sentence to life term imprisonment.

We have read so many reports, post editorial and Facebook posting about War Crimes and War Criminal trails now in progress in Bangladesh by International Criminal Tribunal (ICT). It does not matter whether anyone had any role in 1971, does not matter whether anyone carried out any authentic research most of the writers and commentator wants to give the felling that his/her version is the most authentic. People are blaming the present government who could make possible the trial against several odds. A vested quarter under clandestine sponsorship of the criminals is blaming PM Hasina for whose insistence and strong statesmanship war criminal trials proceeding to logical conclusion. 

Let us review and objectively assess the situation ploughing back into history.

Who are War Criminals in 1971?

Strictly speaking the war crimes (murder, raping, looting arsenal) in Bangladesh were mostly planned and executed by the senior Army Officials and soldiers of Occupation Pakistan Army. Only a few thousand local betrayers actively collaborated with Pakistan army in every act of crimes against humanity. Most of these collaborators of Pakistan Occupation army were arrested and were under judiciary process after liberation in post liberation Bangabandhu Government under collaborators act. The citizenship of notorious Golam Azam was scrapped or his automatic citizenship of Bangladesh was refused by Bangabandhu Government. Many poor persons joined Al Badar, Al Shams and acted as Razkars for living or forced. Those against whom no act of crimes were recorded were given mercy through General Amnesty issued by Bangabandhu Government. But about 35 genuinely alleged criminals were under trial process till the defeated force through their planted agents took bloody revenge on Bangabandhu and other leaders of liberation war in 1975. The listed 195 Pakistani Army War Criminals who were taken as prisoners of War under provision of Geneva Convention were released and sent back to Pakistan in accordance with Simla pact with the expectation that Pakistan Government according to international law would try them. Government of Pakistan however, put most of the army, who surrendered to allied forces at Ramna Race Course on 16th December 1971 into early retirement.

Who Rescinded Collaborators Act? 

It was post August 1975 Government of more specially Government of Military Dictator Ziaur Rahman rescinded the collaborators act and released all of them including those who were under trial and who were serving punishment. Zia reinstated the Citizenship of Golam Azam allowed him to return to Bangladesh and lifted ban on politics of Jamat-e–Islami and other religion based political parties. The trial of war crime and war criminals went to back burner. Post 1975 rulers also passed Indemnity Act barricading the trail of self-confessed killers of August and November 1975. Many of the killers were given prestigious posting in foreign missions. The constitution was amended removing the basic pillars. The country plunged into military dictatorship, doctored politics, wide spread corruption. All the gains of liberation and Bangabandhu Government got systematically destroyed. War Criminals grabbed this opportunity with both hands and like obnoxious weeds set their roots deep everywhere in business, commerce, economy between 1975 to 1990.

Chronological Development of Events After 1975 

Bangabandhu and Many top leaders were killed through the blue print and opportunists left the party. Sheikh Hasina, elder of the two surviving daughter of Bangabandhu, took up the great challenge of reorganizing the party from virtual ruins and surviving few more deadly attack on her life could form Government in 1996. Among others she had to remove Indemnity Act and initiate the trail process of the Killing of Bangabandhu. She could constitute a special court for trail but instead followed the existing judiciary process. But from 1996-2001 her government had to undertake huge nation building efforts and carry out many reforms in the wake of sustained national and international conspiracies. USA, China and Arab World as friend of defeated Pakistan always kept sustained pressure on Hasina and her government. In 2001 general election it is alleged that US Government acted from behind to bring BNP-Jamaat government back to state power mainly to give Hasina a lesson for disobliging President Clinton dictates of allowing US Company UNOCOL exporting gas from Bibiyana Gas Field to India.

From 2001 -2006 a corrupt and terrorist dominated Government made Bangladesh a safe haven of state sponsored terrorism. The trail of Bangabandhu murder was put on hold. Jamaat-e-Islami as principal partner of BNP selected two leading War Criminals Matiur Rahman Nizami and Ali Ahsan Mujahid as cabinet Ministers. At all spheres of life anti-liberation forces penetrated and consolidated their positions. Elected MPs SAMS Kibria and Ahsanullah Master were killed by state sponsored terrorists in the broad day light. In the heart of the city, state sponsored terrorists carried out deadly grenade attacks on a rally of the leader of the opposition, now PM, Sheikh Hasina killing Ivy Rahman and many others. Shaikh Abdur Rahman and Bangla Bhai type criminals were given free license to kill people until under intensive international pressure they were arrested and hanged. But before that those elements could create reign of terror and demonstrate their strength through unleashing simultaneous grenade attacks in almost all greater districts of Bangladesh. A big haul of deadly weapons were intercepted at CUFL jetty at Chittagong which were being transited to the separatist group of Tripura under state sponsorship.

Army intervened in 2006 when political parties and fronts were locked in bloody street battle over election process. Democracy took back seat for almost two years till foreign government brokered election was won through landslide majority by Bangladesh Awami League led Grand Alliance in December 2008.

It still took two years to constitute courts, formalize ICT act and bring the war criminals under justice defying red eyes of foreign powers and continued conspiracy of anti-liberation forces. By the end of the term in 2013 few verdicts were announced and one criminal Quader Mollah’s verdict was executed.

It may be mentioned here that the original verdict of notorious killer known as “Quader Koshai” was life imprisonment. Following that verdict a group of disgruntled youth set up protest podium as ‘Ganojagoron Moncho’ at Shahbagh. This rekindled the spirit of liberation war among people across all ages, religion, caste and creed. Government was forced to amend ICT act creating provisions for appeal. All those who got penalties and prosecutions appealed. Quader Mollah’s verdict was altered from life imprisonment to death and executed. While the verdicts of appellate division of few others were not announced till the election was held in January 2014.

BNP Jamaat elements created war like situation before the election with dual purpose of stopping Government of Sheikh Hasina to return to power and stop trail process of War Criminals.

To be continued.

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