| Mr. Salahuddin Ayubi, The mass killings in Bangladesh (previously known as East Pakistan ) in 1971 is the most concentrated act of genocide in the twentieth century. In an attempt to crush forces seeking independence for Bangladesh , the Pakistani military regime unleashed a systematic campaign of mass murder which aimed at killing millions of Bengalis, and likely succeeded in doing so. Three million people were killed, 200,000 women raped during nine month period of time. Some Bengalis, who called themselves the Razakars, Al Badars & Al Shams, joined hands with the occupying Pakistan Armed Forces in the killing game. Many of them are now leaders in Bangladesh Jamaat-e-islami Party. Recently some of them even denied their involvement in this mass murder. Our past governments, whom we had elected, ruled for the past 37 years, seem to be unable or unwilling to bring this war criminals to account for their grave misdemeanor. We believe that under Bangladesh 's Criminal Code Act 1973, there is a prima facie case for the prosecution of all war criminal (Ghatok Dalal) for mass murder of civilian populations of Bangladesh , between March, 1971 and December, 1971. ACT NO XIX OF 1973 to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under Bangladesh criminal code. The International Crimes (Tribunals) Act 1973 (ICA), promulgated on July 20, 1973 empowers the government to try individuals on specific charges of crimes against humanity and peace, genocide, war crimes, violation of the Geneva Convention and international laws, for assistance or conspiracy to commit such crimes, and for failure to prevent commissioning of such crimes. The present government only needs to set up a tribunal under the act which is still applicable, as the general amnesty granted to war criminals by Bangabandhu Sheikh Mujibur Rahman in 1973 does not apply to individuals against whom there had been specific charges of war crimes. Hopefully we can also have an international tribunal where the Pakistani army officers who were responsible for such carnage will be tried also. The gazette notification promulgating the ICA on July 20, 1973 says the tribunal set up under the act 'shall have the power to try and punish any person irrespective of his nationality, who, being a member of any armed, defence or auxiliary forces commits or has committed in the territory of Bangladesh, whether before or after the commencement of this act, any of the following crimes." The act goes on listing the crimes against humanity including rape, torture, abduction, confinement of civilian population, or persecution on political, racial, ethnic or religious grounds, while crimes against peace are defined as planning, preparing, initiating or waging a war in violation of international treaties. The ICA deals with genocide in the most detail, defining it as acts that are committed with intent to 'destroy in whole or in part, a national, ethnic, racial, religious, or political group'. The crimes that are considered acts of genocide include killing of members of any of the groups, causing serious bodily or mental harm to members of the groups, deliberately inflicting 'conditions of life calculated to bring about a group's physical destruction in whole or in part', imposing measures to prevent procreation within a group, and forcibly transferring children of one group to another. War crimes are defined by the ICA as violations of internationally recognised war customs, including but not limited to murder and ill-treatment of civilians or prisoners of war, plunder of private property, wanton destruction of cities, towns or villages, and devastation not justified by military necessity. According to one of the writers of the draft, former ambassador Waliur Rahman, the ICA was initiated by Bangabandhu immediately after his return from internment in Pakistan in January 1972, and was drafted under the direct auspices of two prosecutors from the Nuremberg Trials. Meanwhile, the country is agog with the demands for trial of war criminals, which, during 1971 war of liberation, collaborated with the Pakistan Army. Initially Bangladesh wanted 193 Pakistani Soldiers as War Criminals. But because of Indian pressure, Sheikh Mujib could not do it. Also J. A. Bhutto promised that he would try those was criminals in his country. Sheikh Mujib promulgated the Special Tribunal Order on January 24, 1972 (PO No 8 of 1972) after 14 days of his return from Pakistani jail to trial those Pakistani collaborators, Razakars, Al-Badrs and other stooges of the Pakistani army. Nearly 800 cases were completed and given jail sentences. Another 11,000 were in jail including Nizami and Abbas Ali Khan of the Jamat-e-Islam Party (JI) ("abuser of holy Islam for political gains"), and their prosecution was at various stages of completion. In addition, those that were involved in 'crime against humanity' and against Bangladesh , were denied Bangladesh nationality and passports. 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 freedom fighter emerged as a 'strong man' in 1975, he abrogated the Collaborators Act and released all the prisoners including those that were sentenced, and those under prosecution. For political and personal reasons he allowed religion-based parties to operate and started reinstating and rehabilitating them. No wonder, those who were guilty of 'crime against humanity' and collaboration with the enemy state ( Pakistan ) started returning from abroad, especially Pakistan and Saudi Arabia , and they were given Bangladesh citizenship and passport. A prime beneficiary of this development is Golam Azam of the Jamaat. However, once General Zia took over, all of them were issued Bangladesh passport or 'travel documents' to return to Bangladesh . This is a country (Bangladesh) where lies traffic as truth, where the past is rewritten to whitewash the sins of those who opposed our independence, where our very history has been distorted beyond recognition, all without a thought as to the corrupting effect such blatant disregard for truth has on the national character. If we wonder why things have got to where they are, why corruption, cheating, and petty criminality are so endemic, why in so many areas there seems to be an absence of basic morality, it might be worthwhile to look back at our nation's original sin and locate the problem, or at least its genesis, there. Can a nation which tolerates lies about its past ever be great? Can a nation in which war criminals and collaborators can hold their heads up high ever amount to anything? And is it a surprise if such a nation, over the course of time, sinks into a morass of corruption and criminality? I don't know. But I am unfamiliar with any other instance where those who opposed the birth of a country or those who collaborated with its enemies have been rehabilitated to the point that they are brought into the government. Our case certainly seems shamefully unique. This is where the corruption of the nation's soul was born. If we focus on corruption and do nothing about the war criminals and collaborators, we are treating only the symptom and not the disease. Make no mistake about it: this is our original sin, and if we do not cleanse the poison from our bloodstream, once and for all, nothing else we do to clean up the country will have lasting effect, and in the long run our failure will come back to haunt us.
For more information: http://www.nybangla.com/Weekly%201971/Main%20Layout%20Weekly%201971.htm > Date: Wed, 12 Nov 2008 07:36:32 -0800
> From: s_ayubi786@yahoo.com
> Subject: RE: Al-Badr List & Islam
> To: kamrulahsan.quadri@yahoo.com; banglarnari@yahoogroups.com; progressive-muslim@yahoogroups.com; shetubondhon@yahoogroups.com; nabic-l@yahoogroups.com; sahannan@sonarbangladesh.com; odhora@yahoogroups.com; mramjan@hotmail.com; alochona@yahoogroups.com; bafi@yahoogroups.com; bangali-bondhu@yahoogroups.com; banglapolitics@yahoogroups.com; editor@e-mela.com; futureofbangladesh@yahoogroups.com; watch.islam@gmail.com; issuesonline_worldwide@yahoogroups.com; muktochinta@yahoogroups.com; mukto-mona@yahoogroups.com; nfbnews@gononet.com; nondinihussain@gmail.com; notun_bangladesh@yahoogroups.com; saleemsamad@hotmail.com; info@sanfeature.com; sanf@gononet.com; editor@satrong.org; sa7rong@yahoogroups.com; vm_moderator@yahoo.com; mostafakmajumder@yahoo.co.uk; observer@dhaka.net; holiday@global-bd.net; indnews@bol-online.com; witness-pioneer@yahoogroups.com;
>
> Dear Faceless,
> Will you please tell me why the so called war criminss have not been tried to this day , nearly forty years after the alleged crime have been committed. Why none of you talk about Pakistani war criminals, whoare the one who commited the war crimes? Why have they been allowed to go home without facing the charges of war crimes? .
> It is not the list and its authenticity but the motive behind publicising the list when ever there is an elction knocking at the door.? Isn't the intention malafide? To get votes we expect political parties to talk about how they propse to steer tyhe economy? How they propose to minimise the curse of unemploymentetc.etc. Instead of doing that we talk about things that should have been sorted out forty yuears ago. Can you tell us as to why this wouond has been kept alive for nearly forty years instead of trying them and bring an end to this chapter. Do you think that we have the time or patience or the energy to waste on old kashundi that spreads bad smell only when elction approaches? The answer is simple A particular political party wants to keep this wound fresh in order to beg for votes. This a vert touchy issue to the sentimental bengalis. These Mukti juddha and muktijuddher shopokkher shokti issues are only
> naive attempt to fool the guilible public to vote for the
> socalled muktijudhddher shopokher shokti. Aremt you trying to erect a non existannt villain to catch votes.. These in simple english is outright deceetion or duping of the public.
> How long do you think that we should be cheated by the self seeking politicians? This must come to an end and country must look ahead to a brighter future for its people.
> Salahuddin Ayubi
>
>
> --- On Mon, 11/10/08, Far West <far982004@hotmail.com> wrote:
>
> From: Far West <far982004@hotmail.com>
> Subject: RE: Al-Badr List & Islam
> To: s_ayubi786@yahoo.com, kamrulahsan.quadri@yahoo.com, banglarnari@yahoogroups.com, progressive-muslim@yahoogroups.com, shetubondhon@yahoogroups.com, nabic-l@yahoogroups.com, sahannan@sonarbangladesh.com, odhora@yahoogroups.com, mramjan@hotmail.com, alochona@yahoogroups.com, bafi@yahoogroups.com, bangali-bondhu@yahoogroups.com, banglapolitics@yahoogroups.com, editor@e-mela.com, futureofbangladesh@yahoogroups.com, watch.islam@gmail.com, issuesonline_worldwide@yahoogroups.com, muktochinta@yahoogroups.com, mukto-mona@yahoogroups.com, nfbnews@gononet.com, nondinihussain@gmail.com, notun_bangladesh@yahoogroups.com, saleemsamad@hotmail.com, info@sanfeature.com, sanf@gononet.com, editor@satrong.org, sa7rong@yahoogroups.com, vm_moderator@yahoo.com, mostafakmajumder@yahoo.co.uk, observer@dhaka.net, holiday@global-bd.net, indnews@bol-online.com, witness-pioneer@yahoogroups.com
> Date: Monday, November 10, 2008, 6:56 PM
Mr. Salahuddin Ayubi, In response to your following e-mail, I would like to inform you that the original list was published in 1972. The International Crime Act of 1973 of Bangladesh is still active and Article 47, Section 3 of the Act allows trial of war criminals. It is highly misleading that Bangabandhu Sheikh Mujibur Rahman government pardoned all the war criminals and he did nothing during his 'war ravaged reconstruction period'. The facts show otherwise. In fact, Bangabandhu Sheikh Mujibur Rahman government started prosecuting the perpetrators of 'crime 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 to Bangladesh. Sheikh Mujib promulgated the Special Tribunal Order on January 24, 1972 (PO No 8 of 1972) after 14 days of his return from Pakistani jail to trial those Pakistani collaborators, Razakars, Al-Badrs and other stooges of the Pakistani army. Under this order he arrested 37,000 collaborators amidst of strong opposition by left-leaning journalists like Enayetullah Khan [see his write-up titled '75 million Collaborators', the Holiday , 1972]. Out of them, 26,000 had no grievious criminal charges filed against them; therefore they were pardoned and released in a general amnesty. However, nearly 800 cases were completed and given jail sentences. Another 11,000 were in jail including Nizami and Abbas Ali Khan of the Jamat-e-Islam Party (JI) ("abuser of holy Islam for political gains",), and their prosecution was at various stages of completion. In addition, those that were involved in 'crime against humanity' and against Bangladesh , were denied Bangladesh nationality and passports. 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 freedom fighter emerged as a 'strong man' in 1975, he abrogated the Collaborators Act and released all the prisoners including those that were sentenced, and those under prosecution. For political and personal reasons he allowed religion-based parties to operate and started reinstating and rehabilitating them. No wonder, those who were guilty of 'crime against humanity' and collaboration with enemy (Pakistan) state started returning from abroad especially Pakistan and Saudi Arabia and they were given Bangladesh citizenship and passport. The worst example was Golam Azam of the JI Party. Once General Zia took over, all of them were issued Bangladesh passport or 'travel documents' to return to Bangladesh . The fact is, Sheikh Mujib started the prosecution and he pardoned only those that did not have criminal cases against them. He did not pardon those (Razakers, Al-badr or Al-Shams) that had 'criminal cases' and those that committed 'crime against humanity or war criminals' such as rape, murder, and the like. Thousands of these criminals were in prison during his time awaiting trail, and many were absconding abroad including Golam Azam, the leader of the JI party where they were involved in anti-state activities abroad. He did not get time to complete the prosecution because he was murdered with most of his family. But that does not justify that the criminals of 'crime against humanity' or 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 that 'no religion-based political party can register or contest in Bangladesh election' and those found guilty of 'crime against humanity' to be fully prosecuted. Unless the criminals and murderers are fully prosecuted, you can neither establish 'rule of law' nor can stop political killing in Bangladesh. Please read more about it in the following websites: http://www.shamokal.com/archive.details.php?nd=2008-01-27&nid=86731 http://www.thedailystar.net/story.php?nid=9116 Secondly, Islami activist S. A. Hannan, a retired bureaucrat following the Jamat-e-Islam 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 precise definition varies among genocide scholars, the legal definition of it 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 like the Jamat-e-Islam, the Islami Chatra Sangho (currently renamed Islami Chatra Shibir) and their militant killing squads–the Al-Badr and the Al-Shams tried their utmost to apprehend and kill those that demand an 'independent Bangladesh'. Since majority of Bengali speaking East Pakistanis (Sheikh Mujib got 167 out of 169 seats in East Pakistan) or ethnic group favored an independent Bangladesh , they waged a war with intent to destroy that ethnic group. The Pak army systematically opened fire on unarmed masses of Bengali ethnic group on the midnight of March 25th, 1971 indiscriminately resulting which, as per various reports 19,000 to 25,000 Bengali ethnic people died on that dark night alone and over a period of 10 months, 3 million reportedly killed, 30 million were dislodged from their homes and 10 million had to take refuge in neighboring India due to cleansing operation, fear and repression. In global rankings, the 1971 Bangladesh genocide is second only
to that of Nazi genocide of Jews. In order to cripple the whole 'Bangali nationalism and nationhood' the Pak army in collaboration with the Jamat-e-Islam and few other such parties and their affiliates systematically and calculatedly murder the Bengali intellectuals, writers, doctors, journalists, educators and their political leadership. In addition, in order to cleanse the society of Hindu population, the Pak army and its collaborators calculatedly killed and/or uprooted them. No wonder, over 10 million East Pakistanis (out of 75 million) mostly Hindu minority took shelter in the neighboring India . Anyone not able to recite the "Kolema", or "males without circumcision" were killed because they could not show proof of their religious identity. Such is a testimony of cleansing of a religious group, a clear evidence of genocide. Jamaat's 1971 crimes ware organized crimes in the name of Islam. Jamaat's organized Al-Badar and it killing missions were "political phenomena" that may repeat under different lebash unless the ordinary masses of Banladesh is constantly on the guard. Thus, it is an utmost necessity to increase public awareness on Jamaat's crimes of 1971. Everyone must know that Jamaat's student wing Islami Chattro Sangha's hand was tainted with so much of Bangladeshi blood that when it resurfaced, it had a new name Islami Chattro Sibir. But General Zia's gutting of the relevant laws missed one. 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 present government should start many essential reforms can trial the war criminals and punish them provided it has the mindset and commitment. What does Islam say about 'crime against humanity' or 'war criminals': 'The Right to Life' has been given to man only by Islam. The first and the foremost basic right is the right to live and respect human life. The Holy Quran lays down: Whosoever kills a human being without (any reason like) man slaughter, or corruption on earth, it is as though he had killed all mankind ... (5:32) As far as the question of taking life in retaliation for murder or the question of punishment for spreading corruption on this earth is concerned, it can be decided only by a proper and competent court of law. If there is any war with any nation or country, it can be decided only by a properly established government. In any case, no human being has any right by himself to take human life in retaliation or for causing mischief on this earth. Therefore it is incumbent on every human being that under no circumstances should he be guilty of taking a human life. If anyone has murdered a human being, it is as if he has slain the entire human race. These instructions have been repeated in the Holy Quran in another place saying: Do not kill a soul which Allah has made sacred except through the due process of law ... (6:151) Here also homicide has been distinguished from destruction of life carried out in pursuit of justice. Only a proper and competent court will be able to decide whether or not an individual has forfeited his right to life by disregarding the right to life and peace of other human beings. In the verse of the Holy Quran which has been mentioned in connection with the right to life, Allah has said: "And whoever saves a life it is as though he had saved the lives of all mankind" (5:32). Islam is submission to Allah's will. It is a way of life that guides your actions and forms your character. Islam is a state of awareness and appreciation of Allah's boundless attributes. As your soul submits, you are able to practice the meaning of peace, compassion, love, forgiveness, and charity that originate from one Source. The shades of superiority, prejudice and judgment fade as the world comes into focus with the eyes of your soul. In Islam, the best among us in the sight of Allah is not the white or the black, the male or the female, a person who calls himself or herself Christian, Jew, or Muslim, but rather, the one who is the most righteous. Terrorism has no religion! The true religion of Islam forbids the killing of innocent people, irrespective of the cause—religious, political or social beliefs. This is stated in the Quran, the holy book of Muslims. [Quran 6:151] "...You shall not kill — GOD has made life sacred — except in the course of justice. These are His commandments to you, that you may understand." The laws of the scriptures that apply to the Christians and Jews are repeated and emphasized for the Muslims also. [Quran 5:32] "...we decreed for the Children of Israel that anyone who murders any person who had not committed murder or horrendous crimes, it shall be as if he murdered all the people. And anyone who spares a life, it shall be as if he spared the lives of all the people. ..." Muslims have also been instructed by the Prophet (may Allah's blessings be on him) that if they should enter the enemy's territory, they should not indulge in pillage or plunder nor destroy the residential areas, nor touch the property of anyone except those who are fighting with them. It has been narrated in the hadith: "The Prophet has prohibited the believers from loot and plunder" (al-Bukhari; Abu Dawud). His injunction is: "The loot is no more lawful than the carrion" (Abu Dawud). Abu Bakr al-Siddiq used to instruct the soldiers while sending them to war, "Do not destroy the villages and towns, do not spoil the cultivated fields and gardens, and do not slaughter the cattle." The love of Allah is not reserved for people of religious sects or denominations that cling to an exclusive belief of guaranteed "salvation." God's infinite love flows to the charitable, righteous, benevolent, equitable, and the just: Those who recognize their accountability and work towards being good. [Quran 2:62] "Surely, those who believe, those who are Jewish, the Christians, and the converts; anyone who believes in GOD, and believes in the Last Day, and leads a righteous life, will receive their recompense from their Lord. They have nothing to fear, nor will they grieve." The rape or forced sex against consent is not only a crime against the victim whether it be a woman or minor, but a crime against the whole society and humanity. Rape has also been alleged to be a weapon of ethnic cleansing by armies such as by the Pakistani army (as well as by the Pakistani collaborators, Razakars, Al-Badrs) in Bangladesh . "No prisoner should be put to the sword"-a very clear and unequivocal instruction given by the Prophet (S). "The Prophet has prohibited the killing of anyone who is tied or is in captivity." In the hadith there is a saying of the Prophet that: "Punishment by fire does not behove anyone except the Master of the Fire" (Abu Dawud). The injunction deduced from this saying is that the adversary should not be burnt alive. The Prophet may Allah's blessings be on him, has declared homicide as the greatest sin only next to polytheism. The Tradition of the Prophet reads: "The greatest sins are to associate something with Allah and to kill human beings." In all these verses of the Holy Quran and the Traditions of the Prophet the word 'soul' (nafs) has been used in general terms without any distinction or particularization which might have lent itself to the elucidation that the persons belonging to one's nation, the citizens of one's country, the people of a particular race or religion should not be killed. The injunction applies to all human beings and the destruction of human life in itself has been prohibited. --- On Sat, 11/8/08, Salahuddin Ayubi <s_ayubi786@yahoo.com> wrote:
From: Salahuddin Ayubi <s_ayubi786@yahoo.com>
Subject: Re: [odhora] Al-Badr List
To: odhora@yahoogroups.com
Date: Saturday, November 8, 2008, 1:52 PM
| What is the authenticity of this list?. Suppose I put your name in a list and say that your name is there in Razakar list, will you accept that as authentic? Till such tinme the court pronounces them as guilty any propaganda against them amounts to libel. Please arrange their trial instead of misinforming people and play games with people. Ayubi
--- On Fri, 11/7/08, Syed Aslam <syed_aslam3@ yahoo.com> wrote:
From: Syed Aslam <syed_aslam3@ yahoo.com>
Subject: [odhora] Al-Badr List
To: odhora@yahoogroups. com
Date: Friday, November 7, 2008, 9:02 PM
| Al-Badr List More on Criminal Mujahid's 1971 activities, please click this link: | | |
