| Published On: 2008-05-12 Front Page EC to collect records of war criminals' trial Staff Correspondent
Chief Election Commissioner (CEC) ATM Shamsul Huda yesterday said the commission will collect records of war criminals' trials under the now defunct collaborators act, in a bid to permanently disqualify war criminals from contesting in any election.
Between 1972 and 1975, 752 persons were convicted of war crimes and the government has the records. Soon after the country's independence, 37,000 persons were detained on charges of war crimes, 26,000 of whom were released on a general amnesty in 1973, keeping 11,000 still in jails on specific charges of murder, rape, arson, etc.
But after 1975, the collaborators act was scrapped stopping the trials and leading to release of all convicted and detained war criminals.
In its electoral reform proposals, the Election Commission (EC) said an individual will be permanently barred from contesting in parliamentary elections if that person was convicted of war crimes by any national or international tribunal. The same provision is likely to be proposed for local government elections too.
Besides, according to a Supreme Court order, a contesting candidate will have to submit an affidavit of personal information of eight categories including one for criminal cases filed against that person, and the verdicts in those.
"Returning officers will need the war crimes trial records to scrutinise the nomination papers, for finding out whether any of the prospective candidates has suppressed information about war crimes cases filed against him or her," the CEC told the Sector Commanders' Forum (SCF) yesterday at a meeting in the commission secretariat.
The CEC said if any candidate is proven guilty of suppressing information in the affidavit submitted to the commission, even after the person is elected to an office, that election will be cancelled.
"But we need the trial records and other documents since the Election Commission does not have any pertinent information," the CEC said.
Leaders of SCF, a platform of commanders who led the country's liberation war in eleven sectors, told the CEC that all records and evidence of war crimes have been lying on government shelves.
The forum placed a five-point proposal to the EC including one for barring war criminals from contesting in polls, and another for disqualifying anti-liberation organisations including Jamaat-e-Islami, Muslim League, and Nezam-e-Islam from being registered as parliamentary political parties.
SCF also proposed for a provision in the electoral law, asking candidates to submit affidavits of personal positions during the liberation war, and their whereabouts after the liberation war.
The veteran freedom fighters said war criminals and anti-liberation political forces should not be allowed to be in politics of the independent country under any circumstances.
"We fully agree with the proposals. We will do our best within our abilities, and make recommendations to proper authorities on matters beyond our jurisdiction," the CEC told the SCF delegation.
In response to the proposals, Election Commissioner Muhammed Sohul Hussain said the EC agrees with the SCF proposals '100 percent'. "But a legal framework is required to implement the proposals," the election commissioner said adding, "The EC will ask the government to respond to the popular demand."
At that point, the CEC said it is the jurisdiction of the government to try the war criminals.
"We don't know whether the caretaker government will try them. We will implement the legal framework if the government provides us with one," CEC Huda said.
Lauding the EC's move to disqualify war criminals from contesting in polls, SCF chief Air Vice-marshal (retd) AK Khandker enquired whether the commission will also disqualify anti-liberation organised forces from being registered as parliamentary parties.
In reply, the CEC said some political parties had been banned in the immediate aftermath of the country's independence, but later, the ban was withdrawn allowing the parties to resume their activities.
Referring to the EC proposed conditions for political parties' registration, the poll chief assured the veteran freedom fighters saying, a political party will not get registration if the party's constitution contains any provision that goes against the spirit of the country's constitution.
The SCF delegation which included Maj Gen (retd) KM Shafiullah, Lt Gen (retd) Mir Shawkat Ali, Maj Gen (retd) CR Dutta, Maj (retd) Rafiqul Islam, and Lt Gen (retd) M Harun Ar Rashid, was led by AK Khandker.
Meanwhile, War Crimes Facts Finding Committee (WCFFC), a research organisation, also put forward similar demands to the EC on Saturday.
WCFFC also demanded that the EC makes it mandatory for prospective candidates to disclose their whereabouts during the country's war of independence, if their names were included in the Bangladesh Gazette (Extra Ordinary) under Bangladesh Collaborators (Special Tribunals) Order 1972, if they were in hiding to avoid arrest following their indictment in any case under the order, and detailed information regarding the cases against them.
The research organisation also urged the EC to form a tribunal for disqualifying war criminals from contesting in polls. |
