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Monday, March 30, 2009

Re: [ALOCHONA] War crimes_who freed_197 war criminals and 193000 Pak Soldiers

Mr. Mirza:
 
Thanks for your post on the Simla Agreement. However, I believe that you are mistaken on a crucial matter. Return of the war criminals and POWs has EVERYTHING to do with the Geneva Convention. The Geneva Convention was founded upon the principles that prisoners of wars must be "treated" with dignity, and that "treatment" also implies repatriation of POWs and non-combat forces (e.g. medical and religious personnel).
 
The Simla Agreement is founded upon the peace treaty signed by General Aurora and Niazi on December 16, 2008, which states, and if I may quote, "[General Aurora] gives a solemn assurance that personnel who surrender shall be treated with dignity and respect that soldiers are entitled to in accordance with provisions of the GENEVA CONVENTION and guarantees the safety and well-being of all Pakistan military and para-military forces who surrender." (emphasis added)
 
After the war was over, the 93,000 POWs and before any further treaty could be signed between India and Pakistan, POWs had to be released per the 1949 Geneva Convention (Article 110, Paragraph 1), which states that "repatriation must take place without any intermediate stage of accommodation in a neutral country. Moreover, it will take place before the end of the hostilities; seriously sick and wounded prisoners of war must be afforded special conditions for speedy transport, or priority over any other convoys which may be organized by the Detaining Power pursuant to an agreement with the Power on which prisoners of war depend." Repatriation of POWs is also mentioned in the 1949 Geneva Convention in Article 117- Part Four, Article 118, Article 119, and not to mention, Article 1: Principles of Direct Repatriation and Accommodation in Neutral Countries. India and Pakistan "ended hostility" through the Simla Agreement. The Pakistani POWs were being released prior to the Simla Agreement, but the remaining POWs as well as the war criminals were released immediately afterwards.
 
Hope this helps.
 
Cyrus



From: Monirul Mirza <mqmirza@hotmail.com>
To: alochona@yahoogroups.com
Sent: Sunday, March 29, 2009 11:12:19 AM
Subject: RE: [ALOCHONA] War crimes_who freed_197 war criminals and 193000 Pak Soldiers

The following two agreements brought back 93,000 Pakistani soldiers (that include 195 identified war criminals) to Pakistan. Upon their return all of them ordered retired.
Return of the war criminals has nothing to do with the Geneva Convention.
 

Simla Agreement

July 2, 1972

The Simla Agreement signed by Prime Minister Indira Gandhi and President Zulfikar Ali Bhutto of Pakistan on 2nd July 1972 was much more than a peace treaty seeking to reverse the consequences of the 1971 war (i.e. to bring about withdrawals of troops and an exchange of PoWs).  It was a comprehensive blue print for good neighbourly relations between India and Pakistan. Under the Simla Agreement both countries undertook to abjure conflict and confrontation which had marred relations in the past, and to work towards the establishment of durable peace, friendship and cooperation.

The Simla Agreement contains a set of guiding principles, mutually agreed to by India and Pakistan, which both sides would adhere to while managing relations with each other.  These emphasize: respect for each other's territorial integrity and sovereignty; non-interference in each other's internal affairs; respect for each others unity, political independence; sovereign equality; and abjuring hostile propaganda.  The following principles of the Agreement are, however, particularly noteworthy:

• A mutual commitment to the peaceful resolution of all issues through direct bilateral approaches.
• To build the foundations of a cooperative relationship with special focus on people to people contacts.
• To uphold the inviolability of the Line of Control in Jammu and Kashmir, which is a most important CBM between India and Pakistan, and a key to durable peace.

India has faithfully observed the Simla Agreement in the conduct of its relations with Pakistan.

SIMLA  AGREEMENT

Agreement on Bilateral Relations Between The Government of India and The Government of Pakistan

1. The Government of India and the Government of Pakistan are resolved that the two countries put an end to the conflict and confrontation that have hitherto marred their relations and work for the promotion of a friendly and harmonious relationship and the establishment of durable peace in the sub-continent, so that both countries may henceforth devote their resources and energies to the pressing talk of advancing the welfare of their peoples.

In order to achieve this objective, the Government of India and the Government of Pakistan have agreed as follows:-

(i) That the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries;

(ii) That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them.  Pending the final settlement of any of the problems between the two countries, neither side shall unilaterally alter the situation and both shall prevent the organization, assistance or encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations;

(iii) That the pre-requisite for reconciliation, good neighbourliness and durable peace between them is a commitment by both the countries to peaceful co-existence, respect for each other's territorial integrity and sovereignty and non-interference in each other's internal affairs, on the basis of equality and mutual benefit;

(iv) That the basic issues and causes of conflict which have bedevilled the relations between the two countries for the last 25 years shall be resolved by peaceful means;

(v) That they shall always respect each other's national unity, territorial integrity, political independence and sovereign equality;

(vi) That in accordance with the Charter of the United Nations they will refrain from the threat or use of force against the territorial integrity or political independence of each other.

2. Both Governments will take all steps within their power to prevent hostile propaganda directed against each other.  Both countries will encourage the dissemination of such information as would promote the development of friendly relations between them.

3. In order progressively to restore and normalize relations between the two countries step by step, it was agreed that;

(i) Steps shall be taken to resume communications, postal, telegraphic, sea, land including border posts, and air links including overflights.

(ii) Appropriate steps shall be taken to promote travel facilities for the nationals of the other country.

(iii) Trade and co-operation in economic and other agreed fields will be resumed as far as possible.

(iv) Exchange in the fields of science and culture will be promoted.

In this connection delegations from the two countires will meet from time to time to work out the necessary details.

4. In order to initiate the process of the establishment of durable peace, both the Governments agree that:

(i) Indian and Pakistani forces shall be withdrawn to their side of the international border.

(ii) In Jammu and Kashmir, the line of control resulting from the cease-fire of December 17, 1971 shall be respected by both sides without prejudice to the recognized position of either side.  Neither side shall seek to alter it unilaterally, irrespective of mutual differences and legal interpretations.  Both sides further undertake to refrain from the threat or the use of force in violation of this Line.

(iii) The withdrawals shall commence upon entry into force of this Agreement and shall be completed within a period of 30 days thereof.

5. This Agreement will be subject to ratification by both countries in accordance with their respective constitutional procedures, and will come into force with effect from the date on which the Instruments of Ratification are exchanged.
6. Both Governments agree that their respective Heads will meet again at a mutually convenient time in the future and that, in the meanwhile, the representatives of the two sides will meet to discuss further the modalities and arrangements for the establishment of durable peace and normalization of relations, including the questions of repatriation of prisoners of war and civilian internees, a final settlement of Jammu and Kashmir and the resumption of diplomatic relations.
 
Sd/-                                                                         Sd/-
(Indira Gandhi)                                                            (Zulfikar Ali Bhutto)
Prime Minister                                                                      President
Republic of India                                                     Islamic Republic of Pakistan

Simla, the 2nd July, 1972

 
AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN 
REGARDING REPATRIATION
OF PERSONS  
New Delhi, 28 August 1973

 Desirous of solving the humanitarian problems resulting from the conflict of 1971 and thus enabling the vast majority of human beings referred to in the Joint Indo-Bangladesh Declaration to go to their respective countries, India and Pakistan have reached the following agreement :

(i) The immediate implementation of the solution of these humanitarian problems is without prejudice to the respective positions of the Parties concerned relating to the case of 195 prisoners of war referred to in clauses (vi) and (vii) of this paragraph;

(ii) Subject to clause (i) repatriation of all Pakistani prisoners of war and civilian internees will commence from the utmost despatch as soon as logistic arrangements are completed and from a date to be settled by mutual agreement;

(iii) Simultaneously, the repatriation of all Bangalees in Pakistan, and all Pakistanis in Bangladesh referred to in clause (v) below, to their respective countries will commence;

(iv) In the matter of reparticiation of all categories of persons the principle of simultaneity will be observed throughout as far as possible;

(v) Without prejudice to the respective positions of Bangladesh and Pakistan on the question of non-Bangalees, who are stated to have "opted for repatriation to Pakistan", the Government of Pakistan guided by considerations of humanity, agrees, initially, to receive a substantial number of such non-Bangalees from Bangladesh.  It is further agreed that the Prime Ministers of Bangladesh and Pakistan or their designated representatives will thereafter meet to decide what additional number of persons, who may wish to migrate to Pakistan, may be permitted to do so.  Bangladesh has made it clear that it will participate in such a meeting only on the basis of sovereign equality;

(vi) Bangladesh agrees that no trials of the 195 prisoners of war shall take place during the entire period of repatriation and that pending the settlement envisaged in clause (vii) below these prisoners of war shall remain in India;

(vii) On completion of repartriation of Pakistan prisoners of war and civilian internees in India; Bangalees in Pakistan and Pakistanis in Bangladesh referred to in clause (v) above, or earlier, if they so agree, Bangladesh, India and Pakistan will discuss and settle the question of 195 prisoners of war.  bangladesh has made it clear that it can participate in such a meeting only on the basis of sovereign equality.

 The Special representatives are confident that the completion of repatriation provided for in this Agreement would make a signal contribution to the promotion of reconciliation in the sub-continent and create an atmosphere favorable to a constructive outcome of the meeting of the three countries;

(viii) The time schedule for the completion of repatriation of the Pakistani prisoners of war and civilian internees from India, the Bangalees from Pakistan and the Pakistanis referred to in clause (v) above from Bangladesh, will be worked out by India in consultation with Bangladesh and Pakistan, as the case may be.  The Government of India will make the logistic arrangements for the Pakistani prisoners of war and civilian internees who are to be repatriated to Pakistan.  The Government of Pakistan will make logistic arrangements within its territory upto agreed points of exit for the repatriation of Bangladesh nationals to Bangladesh.  The Government of Bangladesh will make necessary arrangements for the transport of these persons from such agreed points of exit to Bangladesh.  The Government of Bangladesh will make logistic arrangements within its territory upto agreed points of exit for the movement of the Pakistanis referred to in clause (v) above who will go to Pakistan.  The Government of Pakistan will make necessary arrangements for the transport of these persons from such agreed points of exit to Pakistan.  In making logistic arrangements the Governments concerned may seek the assistance of international humanitarian organisations and others;

(ix) For the purpose of facilitating the repatriation provided for in this Agreement, the representatives of the Swiss Federal Government and any international humanitarian organisation entrusted with this task shall have unrestricted access at all times to Bangalees in Pakistan and to Pakistanis in Bangladesh referred to in clause (v) above.  The Government of Bangladesh and the Government of Pakistan will provide all assistance and facilities to such representatives in this regard including facilities for adequate publicity for the benefit of the persons entitled to repatriation under this Agreement;

(x) All persons to be repatriated in accordance with this Agreement will be treated with humanity and consideration.

 The Government of India and the Government of Pakistan have concurred in this Agreement.  The Special Representative of the Prime Minister of India, having consulted the Government of Bangladesh has also conveyed the concurrence of Bangladesh Government in this Agreement.

 DONE in New Delhi on August 28, 1973 in three originals, all of which are equally authentic.

Sd/-                                                                      Sd/-
P.N.HAKSAR                                                            AZIZ AHMED
Special Representative                                              Minister of State for Defence
of the Prime Minister of India                                      and Foreign Affairs, 
                                                                            Government of Pakistan






 

To: alochona@yahoogroup s.com; mukto-mona@yahoo. com; mukto_mona@yahoo. com; sonarbangladesh@ yahoogroups. com; mukto-mona@yahoogro ups.com; voice-of-south@ yahoogroups. com; world_peace_ movement@ yahoogroups. com
From: thoughtocrat@ yahoo.com
Date: Sat, 28 Mar 2009 22:37:03 -0700
Subject: Re: [ALOCHONA] War crimes_who freed_197 war criminals and 193000 Pak Soldiers

One thing we have plenty of in Bangladesh, Human Rights Advocates and Activists! It's a good thing I suppose. But I digress...
 
Mr. Sadik:
 
Would you kindly indulge us on how or from whom you "heard" that interesting theory? Not sure what new theory you are trying to imply here, but let's get some facts here. There were 93,000 (not 1,93,000) Paki POWs after Niazi and Aurora signed the treaty on Dec 16, 1971. Some of them were still in Indian captivity until 1973. The surrender document also states that both Bangladesh and India would treat Paki POWs according to the Geneva Convention, and the release of the prisoners was part of the Protocol 3 of the Geneva Convention.
 
Hope this helps?
 
Cyrus


From: Shahid Sadik <shahid123sadik@ yahoo.com>
To: mukto-mona@yahoo. com; mukto_mona@yahoo. com; alochona@yahoogroup s.com; sonarbangladesh@ yahoogroups. com; mukto-mona@yahoogro ups.com; voice-of-south@ yahoogroups. com; world_peace_ movement@ yahoogroups. com
Sent: Friday, March 27, 2009 2:08:24 AM
Subject: [ALOCHONA] War crimes_who freed_197 war criminals and 193000 Pak Soldiers

Dear friends,

 

It is heard that Sheikh Mujibur Rahaman with the help of Dr. Kamal Hossain and associates have done everything to free 195 proven war criminals including 1,93,000 Pakistani soldiers most of them directly had killed the freedom fighters and Bengalis.

 

Is it true? Please let us know more documents & information if you have any.

 

 

Thank you,  

 

Shahid Sadik

Human Rights Activist






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