Bangladesh To Start War Crimes Trials In February After Execution Of Mujib's Killers
Satish Kumar
Mujib's Killers
War Crimes
Trial by next Feb
The process of the much-awaited trial of the war criminals would start
by February, said Law Minister Shafique Ahmed on the eve of the 38th
Martyred Intellectuals Day yesterday.
During the Liberation War of Bangladesh, the Pakistani occupation
forces and their local collaborators killed three million people,
violated a quarter million women and eliminated the best Bangali
brains on December 14 in a plot to cripple the nation.
The law minister told The Daily Star," I can tell you that the process
of the trial of the war criminals would start either in the end of
January or in the beginning of February."
His comments came against the backdrop of criticism for dillydallying
policy to start the trial in the first year of the present government.
There were several announcements and statements from the government
leaders about the beginning of the trial in the last one year. But all
of those were mere words as no major official steps to that end were
visible.
This situation not only frustrated those camps who were appreciating
the ruling Awami League for their promises but also brought them in a
position to criticise the government for their reluctance, dillydally
strategy and sometimes contradictory and confusing statements by the
ministers.
Though the law minister firmly said about beginning of the trial
process in February, a highly placed source in the government said it
would start after execution of the convicted killers of Bangabandhu
Sheikh Mujibur Rahman.
"The first step to start the trial process would be formation of an
investigation agency. It will be announced by the end of January or
beginning of February and then a prosecution team and a three-member
tribunal would be formed and announced immediately," Shafique said.
The law and home ministries are the responsible agencies to implement
the trial, which was one of the major election pledges of the
incumbent AL-led grand alliance government.
Talking to The Daily Star, Home Secretary Abdus Sobhan Sikder
yesterday said, "The trial process would start soon." He however did
not mention any possible timeframe.
The home ministry is the authority to form the investigation agency to
start investigation into war crimes. The home secretary said
composition of the probe commission, prosecution team and the tribunal
is almost decided.
"Everything is advancing positively to start the trial and the home
ministry would issue the official order of composing an enquiry
commission soon," the home secretary said.
The investigation agency and prosecution team might have three to five
or more members each.
"It would depend on the volume of work," said the law minister,
adding, as per the International Crimes Tribunal Act, 1973 the three-
member tribunal to try the war criminals would have the status of the
High Court.
"So, on completion of the trial in the tribunal the parties would have
to appeal to the Supreme Court," the law minister said.
The tribunal would be comprised of either serving or retired judges of
the High Court or serving district judges, who are eligible to be
appointed as HC judges.
The law minister said they have already selected a building (14 Abdul
Ghani Road) where the trial of the war criminals would take place.
The process of shifting the government offices there is going on and
the government is arranging all the necessary logistics to start the
trial there, said the minister.
Besides the courtroom, the government is working to ensure enough
secured place in the building for witnesses, accused, prosecution and
defence, investigators, journalists and foreign observers.
"There is no foreign pressure not to hold the trial of the war
criminals of 1971; rather there is pressure to ensure the
international standard of the trial. The government will also welcome
foreign observers if they want to observe the trial so that its
transparency and credibility are proved at both home and abroad," the
law minister observed.
Almost throughout the year all the government leaders talked of not
having any foreign pressure to stop holding the trial of the war
criminals. But LGRD Minister and ruling AL General Secretary Syed
Ashraful Islam a few months ago created confusion by saying that there
was foreign pressure in this regard.
But the law minister again ruled out the existence of any such foreign
pressure yesterday.
But the sources say the government is aware of the possible strategies
of the opposition parties like BNP and Jamaat-e-Islami to put a
political colour over the trial to create controversy.
BRIEF HISTORY OF GENOCIDE '71
During the nine-month bloody liberation war in 1971, Pakistani
occupation forces and their Bangladeshi collaborators committed
genocide and war crimes that left three million people killed and a
quarter million women violated, let alone the planned elimination of
the best Bangalee brains of the soil on December 14, 1971.
Anticipating sure defeat, the Pakistani occupation forces and their
collaborators -- Razakar, Al-Badrs and Al-Shams (mostly leaders of
Jamaat-e-Islami and its student front Islami Chhatra Sangha) -- picked
up leading Bengali intellectuals and professionals on that day and
killed them en masse with a view to crippling the nation
intellectually.
War records show Jamaat formed Razakar and Al-Badr forces to counter
the freedom fighters. "Razakar" was established by former secretary
general of Jamaat Maulana Abul Kalam Mohammad Yousuf. "Badr Bahini"
recruited mostly the Islami Chhatra Sangha members.
Thousands of people still bear the brunt of war crimes by Jamaat and
its student front, now known as Islami Chhatra Shibir, and some other
groups such as Muslim League and Nizam-e Islami.
Jamaat-e-Islami Ameer Nizami's predecessor Golam Azam was the brain
behind Jamaat's anti-liberation efforts.
Immediately after independence Golam Azam, ex chief of Jamaat, and
many others like him fled to Pakistan and returned only after the
brutal killings of Bangabandhu Sheikh Mujibur Rahman and his family
members in 1975.
Some collaborators, who remained out of the limelight, currently live
abroad. Chowdhury Mueenuddin, who was operation-in-charge of the
killings of intellectuals, lives in London. After December 1971,
newspapers published reports with photographs of Mueenuddin terming
him as an absconding Al-Badr gangster.
The January 13, 1972 issue of Bangla national Daily Purbodesh ran a
report, with a photograph of Ashrafuzzaman Khan, titled, "Nab the
butcher of intellectual killings."
Ashrafuzzaman reportedly lives in the United States.
The New York Times report titled "A Journalist is Linked To Murder of
Bengalis" was published on January 3, 1972.
It reads, "For Mr. Mueenuddin has been identified as the head of a
secret, commando-like organization of fanatic Moslems that murdered
several hundred prominent Bengali professors, doctors, lawyers and
journalists in a Dacca brickyard."
"Dressed in black sweaters and khaki pants, members of the group,
known as Al-Badar, rounded up their victims on the last three nights
of the war, which ended on Dec. 17. Their goal, captured members have
since said, was to wipe out all Bengali intellectuals who advocated
independence from Pakistan and the creation of a secular, non-Moslem
state," says the report.
"Al-Badar is believed to have been the action section of Jamaat-i-
Islami, carefully organized after the Pakistani crackdown last March,"
the report reads.
"Mr. Mueenuddin was last seen on Dec. 13 after having had an argument
with a fellow reporter at their paper, Purbodesh. That reporter was
kidnapped from his house by Al-Badar a few hours later," the report
said.
Demands for trial of war criminals are the oldest issue of the
country, linked to the birth of Bangladesh.
About the trial of alleged war criminals like Mueenuddin, who live
abroad, the law minister said, if the probe body, after an
investigation into war crimes, submit report on those who are still
abroad, notice would be issued to them, as per law, to come and face
the trial.
"If they don't come they will be tried in absentia and Bangladesh will
negotiate with the governments to bring them back," said the law
minister.
http://www.thedailystar.net/newDesign/news-details.php?nid=117663