| Published On: 2008-03-19 Point Counterpoint War criminals of 1971: Time to take action
Dr. Abdul Momen
IT is highly misleading propaganda that Bangabandhu Sheikh Mujibur Rahman's government pardoned all the war criminals. The facts show otherwise. In fact, Bangabandhu's government started prosecuting the perpetrators of crimes against humanity or war criminals immediately after independence, and he also passed the Collaborators Act (1972) and the International Crime Act of 1973 that barred re-entry of any collaborators into Bangladesh. Sheikh Mujib promulgated the Special Tribunal Order on January 24, 1972, fourteen days after his return from Pakistani.
Under this order he arrested 37,000 collaborators amidst strong opposition by left-leaning journalists and others. 26,000 were pardoned and released in a general amnesty as no grave criminal charges were filed against them. However, cases against nearly 800 people were completed, and they were given jail sentences. Another 11,000 were in jail, and their prosecutions were underway. In addition, those who were involved in crimes against humanity and against Bangladesh were denied Bangladesh nationality.
On November 4, 1972 all religion-based politics were abolished as per Sections 12 and 38 of the Bangladesh Constitution of 1972.
Unfortunately, when General Ziaur Rahman, a valiant muktijuddha, emerged as a strong-man in 1975, he abrogated the Collaborators Act and released all the prisoners, including those that had been sentenced. For political reasons he allowed religion-based parties to operate, and started reinstating and rehabilitating them.
No wonder that those who were guilty of crimes against humanity and collaboration with an enemy state (Pakistan) started returning from abroad, especially from Pakistan and Saudi Arabia, and were given Bangladesh citizenship and passport.
It is sad that a few vested quarters are misleading the public and the nation by stating that Sheikh Mujib pardoned the war criminals, or are shifting the responsibility by asking why he did not prosecute them. In fact, Sheikh Mujib started the prosecution, and he pardoned only those who did not have criminal cases against them. He did not pardon those who had criminal cases filed against them. Thousands of criminals were in prison during his time, and many were absconding abroad.
After the assassination of Sheikh Mujib and his family, plus his close associates in 1975, civil-military-technocratic or cantonment-based governments ruled the country one after another until 1991. It can be argued that the 1991-1996 government, while democratically elected, was cut from similar ideological cloth. None of the governments initiated any action against the collaborators. Rather, they encouraged anti-liberation forces and assisted in creating false stories in rewriting the liberation history of Bangladesh.
In 1996, when the pro-liberation government of Sheikh Hasina came to power after 21 years with marginal votes, it could neither reinstate the Collaborators Act nor revive the original Constitution of 1972. Secondly, it followed judicial process and rule of law, and, therefore, it did not set up any kangaroo court or special tribunal to prosecute the criminals.
But that does not mean that the perpetrators of crimes against humanity and war criminals should not face justice. It would be unfair if they are allowed to go free or untouched. Fortunately, now is an opportune moment to revive the clause from the original Constitution that 'no religion-based political party can be registered, or contest in Bangladesh election.' Unless the criminals and murderers are fully prosecuted, you can neither establish rule of law nor stop political killing.
More importantly, the International Crime Act of 1973 of Bangladesh is still active, and Article 47 Section 3 of the act allows trial of war criminals. Therefore, the government of Dr. Fakhruddin Ahmed that has started many essential reforms can try the war criminals and punish them, provided it has the mindset and commitment.
Not long ago, a retired bureaucrat, following the JI party line of argument, tried to mislead the public by stating that there was 'no genocide' in East Pakistan in 1971.
Genocide is the deliberate and systematic destruction of an ethnic, religious, or national group. While the precise definition varies among scholars, the legal definition is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG).
Article 2 of the CPPCG defines genocide as: 'Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; (and) forcibly transferring children of the group to another group.'
In 1971, the Pakistan occupation army plus their collaborators and their militant killing squads tried their utmost to apprehend and kill those that demanded an independent Bangladesh. Since the majority of East Pakistanis (Sheikh Mujib got 167 out of 169 seats in East Pakistan) favoured an independent Bangladesh, the collaborators waged a war with intent to destroy them.
The Pak army indiscriminately opened fire on un-armed Bengalis at midnight of March 25, 1971, and, as per various reports, 19,000 to 25,000 people died on that dark night alone. Over a period of 10 months, 3 million were reportedly killed, 30 million were dislodged from their homes and 10 million had to take refuge in neighbouring India due to the cleansing operation. As per global ranking, the Bangladesh genocide is second to that of Nazi genocide of Jews.
In order to cripple Bengali nationalism and nationhood, the Pak army, in collaboration with a few parties and their affiliates, systematically and calculatedly murder Bengali intellectuals, writers, doctors, journalists, educators, and the political leadership. In addition, in order to cleanse the society of Hindu population, the Pak army and its collaborators calculatedly killed or uprooted them. No wonder, over 10 million East Pakistanis (out of 75 million), mostly Hindus, took shelter in the neighbouring India.
When the army captured me on April 20, 1971, they tested me as to whether I could recite the 'kalma' (the 1st pillar of Muslim faith). In addition, when the army forced us to lead them in their operations, they looked for 'Muktis' (liberation fighters) and Hindus. If such were reported, they would immediately open fire. Such is the testimony of the cleansing of a religious group, a clear evidence of genocide.
Abdul Momen is Professor of Economics and Business Management, Boston.October 2, 2007
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