War criminal trials in Bangladesh

[Kinetic]

The Bangladesh government on Sunday filed a petition with its International Crimes Tribunal, seeking permission to show four detained top Jamaat-e-Islami (JeI) leaders as arrested in connection with "war crimes" committed in 1971. The process has begun of trying those who are accused of targeting
thousands of unarmed civilians, mainly sympathisers of the movement against then East Pakistan authorities and religious minorities, in the run-up to the freedom movement.

It is a sensitive issue in Bangladesh for which Prime Minister Sheikh Hasina's government has updated the relevant law and has sought to garner international support.

The four leaders, detained on different charges including sedition, are Jamaat chief Motiur Rahman Nizami, secretary general Ali Ahsan Muhammad Mojahid and senior assistant secretary generals Muhammad Qamaruzzaman and Abdul Quader Mollah.

JeI is the country's largest Islamist party that had opposed the freedom movement.

"We have submitted a petition to the tribunal through its registrar, seeking necessary order so that the four Jamaat big shots can be kept confined and the investigation agency can smoothly conduct investigation into the allegations against them of committing genocide, killing, rape, torture, looting, arson during the Liberation War in 1971," Daily Star quoted prosecutor Golam Arif Tipu as saying.

Law Minister Shafique Ahmed told in a conference of Muslim marriage officers on Saturday: "The government will not try any innocent. If criminals try to save themselves through any political party's shelter, their trial does not mean a trial of that party."

The 'war crimes' took place 39 years ago. In the intervening period, many of the alleged perpetrators have died and many fled to Pakistan and other countries.

The staff of the tribunal appointed in March 2010 has studied volumes of evidence collected by freedom fighters' organisations and have visited sites of the alleged crimes.

Cases filed before courts across the country on charges of committing crimes during the Liberation War will be placed before the tribunal for trial, an official said.

Main opposition Bangladesh Nationalist Party (BNP) of Begum Zia and its ally, the JeI, have termed the trial as "political vendetta".

The government recently sent a list of 40 people to the immigration offices of the air and land ports with their photographs to prevent them from leaving the country.

Bangladesh begins war crimes trial process - Hindustan Times

Good step!!!! This should have been done just after 71, than we couldn't see so many supporters of jamati rajakars until this days.

 

[M_Saint]

In the history of around 1000 YR's of Muslim rule over Hindus in IND, an unjust/phony 'war criminal trial' with the farse of that magnitude never occurred but Bharati dalals/Malauns took to it that extreme that kept the Jamaati innocents in jail without any charge.. May Almighty crush those Zalims..


1971 WAR CRIMES
Questions raised about arrest warrants

Mon, Aug 2nd, 2010 9:17 am BdST Dial 2000 from your GP mobile for latest news



David Bergman
Special Reports Editor

Dhaka, Aug 2 (bdnews24.com) – The decision by the International Crimes Tribunal to issue warrants for the arrest of four Jamaat-e-Islami leaders concerning alleged international crimes committed during the 1971 War of Independence was made without a proper legal basis, according to an expert lawyer.

Anisul Huq, the country's top criminal lawyer, responsible for the prosecution of the killers of Sheikh Mujibur Rahman and now lead prosecutor in the BDR murder cases, told bdnews24.com that the relevant war crimes law only allows the tribunal to issue an arrest warrant "after [the tribunal] had framed charges".

The tribunal has not yet framed charges against any of the four men on whom it had issued warrants.

The four Jamaat leaders–Jamaat chief Motiur Rahman Nizami, secretary general Ali Ahsan Muhammad Mojaheed and senior assistant secretaries-general Muhammed Kamaruzzaman and Abdul Quader Molla–are due to be produced before the tribunal on Monday.

According to Huq's interpretation, the tribunal may have made a serious error at its very first public hearing with uncertain implications. Moreover, the law under which the four Jamaat leaders are being prosecuted does not give them recourse to a court – other than the tribunal itself – to appeal against the decision.

bdnews24.com could not contact the tribunal's chief prosecutor Golam Arif Tipu for a comment.

On July 26, the tribunal chairman, justice Nizamul Huq ruled, "Warrants of arrest should be issued against these four people to ensure effective and proper investigation."

The order was made following submissions made by Tipu.

The chief prosecutor quoted rule 9 of the tribunal's rules of procedure which states that an investigation officer can obtain a "warrant of arrest from the tribunal for arrest of a person at any state of the investigation if he can satisfy the tribunal that such arrest is necessary for effective and proper investigation."

However, Anisul Huq argues that this rule has to be read in light of 11(5) of the International Crimes (Tribunal) Act 1973.

This states that, "Any member of a Tribunal shall have power to direct, or issue a warrant for, the arrest of, and to commit to custody, and to authorise the continued detention in custody of, any person charged with any crime specified in section 3."

Section 3 includes the offences of crimes against humanity, genocide and war crimes.

The section makes clear that the tribunal only has the power to issue an arrest warrant against a person if it has already "charged" that person with one of these offences.

"The power to issue an arrest warrant for these crimes can only be invoked after the tribunal has framed charges," Anisul Huq told bdnews24.com.

The senior lawyer says that Rule 9 of the rules of procedure does not supersede the Act–it cannot be used to change the powers of the tribunal.

"The rules cannot contradict the Act. The Act is the guide for the rules, not the other way round." He says powers set out in the legislation itself always trump rules of procedures when they come into conflict.

He notes for example that section 22 of the Act allows the Tribunal to regulate its own procedure, that is, publish its own rules of procedure — "subject to the provision of this Act."


EXTRACTS FROM THE ACT AND RULES

International Crimes (Tribunal) Act 1973

11 (5) Any member of a Tribunal shall have power to direct, or issue a warrant for, the arrest of, and to commit to custody, and to authorise the continued detention in custody of, any person charged with any crime specified in section 3.

22 Subject to the provision of this Act, a Tribunal may regulate its own procedure.

24 No order, judgment or sentence of a Tribunal shall be called in question in any manner whatsoever in or before any court or other authority in any legal proceedings whatsoever except in the manner provided in section 21.

21(1) A person convicted of any crime specified in section 3 and sentenced by a Tribunal shall the right of appeal to the Appellate Division of the Supreme Court of Bangladesh against such conviction and sentence.

Rules of Procedure, dated 15 July 1, 2010

9(1) The Investigation Officer, through the Prosecutor, may obtain an warrant for arrest from the Tribunal for arrest of a person at any stage of the investigation if he can satisfy the Tribunal that such arrest is necessary for effective and proper investigation.

2(5) "Charge" refers to the accusation of crimes against an accused framed by the Tribunal.

bdnews24.com/db/ta/am/bd/0920h



1971 WAR CRIMES Questions raised about arrest warrants | Politics | bdnews24.com

 

[TopCat]

I dont know why they staging all those tribunal drama. BD people/entire world know those Jamatis are worst criminal of mankind in thousands of years. They should be put at the street corner for stoning and sandaling..

 

[idune]

Things are getting rather interesting on the ground. Awami League did not try the war crime for last 40 years so that they can use this for political use and divide the nation. Now they are using it for spressing parties those follow Islamic ideology. People should hold Awami regime feet to the fire and demand real leagl process not the farcial one. I for one like to see this chapter is closed.

But word on street is Awami regime trying to make deal with Jamaat just like they did in 1996. Goal is to isolate nationalist in Bangladesh. If that is the case expect Iajdani and his gang to take a long vacation from here. And for indians who are jumping up and down on Jamatt arrest and torture will be just be laughing stock.

 

[M_Saint]

I for one like to see this chapter is closed.

Sheik Mujib and Indira closed this chapter by releasing 195 accused, none of which was Jamaati. They couldn't find Jamaati doing any anti-mankind activities, furthermore JI leaders were so supreme in character that not even a GD was in the thana against them.

AWAMY malauns could commit such crimes and get away with it by keeping world community mum because Jamaaty's looked Talib's alike and those criminals sold their cases to WC simply like that. JIs have been screaming in the line of truth but hardly it matters as they have been painted as Talibs.. With their punishment for phony crime justice is dying at BD...

 

[idune]

Sheik Mujib and Indira closed this chapter by releasing 195 accused, none of which was Jamaati. They couldn't find Jamaati doing any anti-mankind activities, furthermore JI leaders were so supreme in character that not even a GD was in the thana against them.

AWAMY malauns could commit such crimes and get away with it by keeping world community mum because Jamaaty's looked Talib's alike and those criminals sold their cases to WC simply like that. JIs have been screaming in the line of truth but hardly it matters as they have been painted as Talibs.. With their punishment for phony crime justice is dying at BD...

Awami league can not pursue the legal process not even the concoted one let alone the proper one. If they push this trial, their game will be exposed.

 

[Al-zakir]

But word on street is Awami regime trying to make deal with Jamaat just like they did in 1996. Goal is to isolate nationalist in Bangladesh. If that is the case expect Iajdani and his gang to take a long vacation from here. And for indians who are jumping up and down on Jamatt arrest and torture will be just be laughing stock.

You are on something here Brother. Despite Iajdani and Bharais excitement, Awami defiantly trying to make deal with Jamat to demise BNP to ground. Deal or no deal with Jamat but Awamis main target is BNP.

If Jamat make deal with Awami then Jamatis will die in the hand of Awamis in future because their Gaddari will not forgiven by Nationalist forces. I for one like to think that Jamat is also Bangladeshi Nationalist.

 

[Kinetic]

In the history of around 1000 YR's of Muslim rule over Hindus in IND

Is these now the jamatis teaching???? 1000 years rule over Hindus???? lol You first find that who was your ancestors????? There are huge number of Muslims in India as well. India was ruled by Hindus, Muslims, Buddhists and British in the various time of hisotry. learn some history first.

an unjust/phony 'war criminal trial' with the farse of that magnitude never occurred but Bharati dalals/Malauns took to it that extreme that kept the Jamaati innocents in jail without any charge.. May Almighty crush those Zalims.

jamati dalas got some heart attack after seeing the 'war criminal trial'. lol I think Hasina will not stop until she see all the jamati coward rajakar those killed people during the 71 war hanging from the trees of dhaka-chittagong highway!! we should surely help them as we did in 71.

 

[Skies]

Hey bro,

2. You cannot generalize all freedom fighters into the same category. But most were not under the payroll of RAW lol. It's not fun to leave your family and fight a well-trained, well-resourced army just for a few bucks. They are heroes because they risked their lives to earn themselves and the a$$es of everyone else (rajakars + sleeping beauties) freedom.

Those freedom fighters were patriot who jumped to save BD and they deserve regards. But it is believed or true or controversial that they were motivated or bulled by some conspirators.
We know about 69-plan and Agartala conspiracy:

PK:
http://pakistankakhudahafiz.wordpre...n-in-1969-traitor’s-daughter-confesses/
IN:
Mujib planned separation from Pakistan in 1969: Hasina



About war criminals:
I assume that there were some war criminals who helped to kill some innocent BD people. But I/many BDmen doubt who were real war criminal. Some had right to support PK in 71. So it's difficult to find out real war criminals. Also it's controversial or believed that the so-called war criminals were helped to kill Hindus or other conspirators mainly but not the innocents.

I think war criminal issue is a polities of hell-AL to get vote from poor people (who are always submerged into false pride).

 

[M_Saint]

Is these now the jamatis teaching???? 1000 years rule over Hindus???? lol You first find that who was your ancestors????? There are huge number of Muslims in India as well. India was ruled by Hindus, Muslims, Buddhists and British in the various time of hisotry. learn some history first.



jamati dalas got some heart attack after seeing the 'war criminal trial'. lol I think Hasina will not stop until she see all the jamati coward rajakar those killed people during the 71 war hanging from the trees of dhaka-chittagong highway!! we should surely help them as we did in 71.

Mohammad Bin Kaseem came to IND at 1017. Up until 1757 since then, various parts of current IND was rulled by Muslims. But by geographic measure, historic IND infect sunk into current PAK as from Alexander to other invadors found out that pronouncing Hundo Kush was very difficult, from which INDIA derived. So, the 'Undivided India' was a deceitful concept to start with since its proponents didn't even live in that historic land except BRIT's made 'Benia factory' like Jamaati's trial was a non-starter as they didn't fight the war.

Even by the Mid of nineteenth century Titumir revelled against BRITS and they couldn't smoothly sailed for 90(1858-1947) yrs against Muslims since Barelevi, Deobondi Mullahs led the anti-Gora struggle. And after 1947, the real IND fell into around PAK area again. So, did I fall too short from making up the millenia or you
never thought that your' Akahand Bharatism' fake would be out in reply?

 

[M_Saint]

Awami league can not pursue the legal process not even the concoted one let alone the proper one. If they push this trial, their game will be exposed.

If you read the following article then you would find out that Moinul Hussein has summed it up exactly by suspecting that Jamaaties would be burried by phony cases that would keep Medias/Masses so busy to catch up with, that 'War crime trial' bluff not being talked much anymore. A replica of recent Baatist's trial I guess.

 

[M_Saint]

Following was the article that was talked about in previous post...

::Welcome to Daily Naya Diganta::

 

[Maira La]

Those freedom fighters were patriot who jumped to save BD and they deserve regards. But it is believed or true or controversial that they were motivated or bulled by some conspirators.
We know about 69-plan and Agartala conspiracy:

PK:
http://pakistankakhudahafiz.wordpre...n-in-1969-traitor’s-daughter-confesses/
IN:
Mujib planned separation from Pakistan in 1969: Hasina

Thanks for the informative post. About the conspiracies, there are too many polluted sources out there and it's hard to come by reliable sources. I will check those links out regardless and see if there's any new evidence.

About war criminals:
I assume that there were some war criminals who helped to kill some innocent BD people. But I/many BDmen doubt who were real war criminal. Some had right to support PK in 71. So it's difficult to find out real war criminals. Also it's controversial or believed that the so-called war criminals were helped to kill Hindus or other conspirators mainly but not the innocents.

I think war criminal issue is a politics of hell-AL to get vote from poor people (who are always submerged into false pride).

Does being Hindu makes someone a sinner by default and their killing justified??

Yeah I do fear AL could be up to something not very transparent here. I hope justice is served in the tribunal, which will send a strong signal to our potential enemies - you can't get away with killing Bangladeshis.

 

[Maira La]

Sorry, here we go then,

Thanks.

I didn't and the following proof would be highlighted,
(Please tell me what those so-called ultra-freedom fighters of AWAMY-Commies have earned for us to be national heroes?)
so read the post again. And yeah, most of the fighters weren't in RAW payroll that left families behind without knowing that Mujib deceived them by telling lie on transfering power.

They didn't know the Yahya-Mujib's LFO deal, which wasn't obeyed by Mujib thus power wasn't transferred to him but they understood opposite based on his lies like many Americans believed Saddam's attack on U.S soil was emminent unless they took him out similarly on Bush's lie.

They were heroes to me because of their belief like innocent U.S citizens but didn't bring anybody's freedom except Hindus and W Bengali Malauns like soldiers/Citizens of U.S freed Israelis from probabale Saddam's onslaught. They were infect innocent victims, who were conned into a fight with their brothers by Bharati Malauns, understand.

The rest would be answered gradually, thanks.

I have a few question to ask you:

1 - What is this so-called LFO deal?

2- How did Mujib lie about transferring power? Since he won the election, why would he need to go to a compromise with Punjabi politicians at all?

3 - How are WBs and Hindus benefiting more than Muslims due to BD independence?

If you are going to say "we would have been more secure from Indian aggression staying with Pakistan", then check out the problems Pakistan itself is facing:

- IN is building dams and drying Pak rivers
- IN-Pak border conflicts are way worse than IN-BD border conflicts
- Pak is wasting a large portion of their budget on their military because of the Kashmir issue, whereas India's economy is booming because of a careful planning that placed a stronger focus on education and infrastructure, and now even India's defence budget (around 2% of GDP) itself is almost twice Pakistan's total Forex reserve.

So how did you expect being with Pakistan would solve our border and river conflicts with India? We are not in a position to fight India militarily, and for the sake of an economically prospering BD our goal should be peaceful co-existence .

 

[Al-zakir]

Does being Hindu makes someone a sinner by default and their killing justified??

According to Quran and Sunnah, anyone who worship idols are sinner. So therefor they will end up in Jahannam. Similarly those are as well who think that hinduism is a real Religion. Killing isn't justify just because they are sinner.

Yeah I do fear AL could be up to something not very transparent here. I hope justice is served in the tribunal, which will send a strong signal to our potential enemies - you can't get away with killing Bangladeshis.

One must wonder, why some people ignorant about Rokki bahanis killing and raping after seperation?