Dilemma is: war criminals were pardoned and went unpunished
The Government on March 25 announced the constitution of a 3-member war crimes tribunal headed by the Supreme Court judge, under The International Crimes (Tribunal) Act 1973 for trial of war crimes committed during the Bangladesh War of Independence in 1971.
Justice Nizamul Haque of the High Court Division has been made chairman of the tribunal. Two other members are HC judge AKM Fazle Kabir and retired district judge AKM Zahir Ahmed. Law Minister Shafique Ahmed also announced a 12-lawyer prosecution team and seven-member team for investigation. Advocate Golam Arif Tipu is the head of the prosecution team while former additional secretary Abdul Matin has been named to lead the investigation.
Names of some 25 suspects who are likely to be accused have also been made known and home minister Shahara Khatun has said the suspected war criminals would not be allowed to flee the country. The media has reported the deployment of plainclothes law enforcers to keep watch on their movement.
The government is fulfilling its promise. Serious crimes must not go unpunished. But the dilemma faced by the government and many others is that the real war criminals were pardoned 36 years ago by Bangabandhu himself and they went unpunished. Shameful side is that the freedom fighters, specially those who claim to be the members the High Command of freedom fighters did not protest. All those Pakistani soldiers who declared the war and committed the war crimes and were allowed to leave Bangladesh safe and sound.
A total of 195 war criminals were identified from among approximately 90,000 troops, members of civil armed forces and civilians who had surrendered to the Indian and Bangladesh forces under Lt. General Jagjit Singh Arura. They were allowed to be repatriated to Pakistan under a tripartite agreement signed in New Delhi on 9 April 1974 by the foreign ministers of Bangladesh, Pakistan and India.
The relevant article of the tripartite agreement said, that in the light of the Simla Agreement signed between the Prime Ministers of India and Pakistan "… in particular, having regard to the appeal of the Prime Minister of Pakistan to the people of Bangladesh to forgive and forget the mistakes of the past, the Foreign Minister of Bangladesh stated that the Government of Bangladesh had decided not to proceed with the trials as an act of clemency. It was agreed that the 195 prisoners of war might be repatriated to Pakistan along with the other prisoners of war now in the process of repatriation under the Delhi Agreement."
The POWs went under the Indian and Bangladesh forces commanded by Gen. Arura, as per the terms of the instrument of surrender, and were taken to India soon after the surrender.
Apparently this prompted Law Minister Shafique Ahmed to revise his earlier statement to say that the government was for trial of crimes against humanity. After the release of the identified war criminals the government can and is actually dealing with the abetters who collaborated with the Pakistani forces during the War of Liberation.
There has been dispute over the naming of suspects even before the start of work by the teams of investigators and the prosecutors.
According to available information of the about 35,000 people taken to jails after the victory on 16 December 1971, and charged for collaboration with the occupation forces, many were released when in December 1973 the Government announced clemency except for those who were charged with four types of heinous crimes like rape, murder, setting fire to homes and genocide. Hundreds others, charged with these crimes were convicted and served terms of punishment.
About the present initiative to try war criminals, the main opposition Bangladesh Nationalist Party has taken a cautious stand with its secretary general Khandakar Delwar Hossain stating, they are not opposed to trial of people responsible for war crimes but cautioned that the move might be used to get extra political mileage. Law Minister Shafique Ahmed has said people to be convicted by the tribunal would have the opportunity to prefer appeal with higher courts.
The worrying aspect of the whole process however, is that when the real war criminals were allowed to go unpunished by the same Awami League government what political divisiveness and doubt it will create now after some 36 years. Collecting convincing evidence after so many years for establishing justice convincingly will also be extremely difficult. The question is unavoidable. Why they waited for 36 years? Nobody is against punishing those who committed inhuman crimes. But it is also important to know that when justice is delayed for long anxieties cannot be easily removed from public mind that justice may be denied.
Those already unofficially named as suspects include two leaders of the BNP in addition to many from Jamaat and a few other Islamic parties. Some opposition political parties are complaining that there are suspects also in the ruling party.
It will be inhuman not to support punishing those who committed crimies against humanity but all sides have to be very careful about the transperancy of the trial. Such trials must also be free from political overzealousness.
http://www.ittefaq.com/issues/2010/03/29/news0393.htm
Justice Nizamul Haque of the High Court Division has been made chairman of the tribunal. Two other members are HC judge AKM Fazle Kabir and retired district judge AKM Zahir Ahmed. Law Minister Shafique Ahmed also announced a 12-lawyer prosecution team and seven-member team for investigation. Advocate Golam Arif Tipu is the head of the prosecution team while former additional secretary Abdul Matin has been named to lead the investigation.
Names of some 25 suspects who are likely to be accused have also been made known and home minister Shahara Khatun has said the suspected war criminals would not be allowed to flee the country. The media has reported the deployment of plainclothes law enforcers to keep watch on their movement.
The government is fulfilling its promise. Serious crimes must not go unpunished. But the dilemma faced by the government and many others is that the real war criminals were pardoned 36 years ago by Bangabandhu himself and they went unpunished. Shameful side is that the freedom fighters, specially those who claim to be the members the High Command of freedom fighters did not protest. All those Pakistani soldiers who declared the war and committed the war crimes and were allowed to leave Bangladesh safe and sound.
A total of 195 war criminals were identified from among approximately 90,000 troops, members of civil armed forces and civilians who had surrendered to the Indian and Bangladesh forces under Lt. General Jagjit Singh Arura. They were allowed to be repatriated to Pakistan under a tripartite agreement signed in New Delhi on 9 April 1974 by the foreign ministers of Bangladesh, Pakistan and India.
The relevant article of the tripartite agreement said, that in the light of the Simla Agreement signed between the Prime Ministers of India and Pakistan "… in particular, having regard to the appeal of the Prime Minister of Pakistan to the people of Bangladesh to forgive and forget the mistakes of the past, the Foreign Minister of Bangladesh stated that the Government of Bangladesh had decided not to proceed with the trials as an act of clemency. It was agreed that the 195 prisoners of war might be repatriated to Pakistan along with the other prisoners of war now in the process of repatriation under the Delhi Agreement."
The POWs went under the Indian and Bangladesh forces commanded by Gen. Arura, as per the terms of the instrument of surrender, and were taken to India soon after the surrender.
Apparently this prompted Law Minister Shafique Ahmed to revise his earlier statement to say that the government was for trial of crimes against humanity. After the release of the identified war criminals the government can and is actually dealing with the abetters who collaborated with the Pakistani forces during the War of Liberation.
There has been dispute over the naming of suspects even before the start of work by the teams of investigators and the prosecutors.
According to available information of the about 35,000 people taken to jails after the victory on 16 December 1971, and charged for collaboration with the occupation forces, many were released when in December 1973 the Government announced clemency except for those who were charged with four types of heinous crimes like rape, murder, setting fire to homes and genocide. Hundreds others, charged with these crimes were convicted and served terms of punishment.
About the present initiative to try war criminals, the main opposition Bangladesh Nationalist Party has taken a cautious stand with its secretary general Khandakar Delwar Hossain stating, they are not opposed to trial of people responsible for war crimes but cautioned that the move might be used to get extra political mileage. Law Minister Shafique Ahmed has said people to be convicted by the tribunal would have the opportunity to prefer appeal with higher courts.
The worrying aspect of the whole process however, is that when the real war criminals were allowed to go unpunished by the same Awami League government what political divisiveness and doubt it will create now after some 36 years. Collecting convincing evidence after so many years for establishing justice convincingly will also be extremely difficult. The question is unavoidable. Why they waited for 36 years? Nobody is against punishing those who committed inhuman crimes. But it is also important to know that when justice is delayed for long anxieties cannot be easily removed from public mind that justice may be denied.
Those already unofficially named as suspects include two leaders of the BNP in addition to many from Jamaat and a few other Islamic parties. Some opposition political parties are complaining that there are suspects also in the ruling party.
It will be inhuman not to support punishing those who committed crimies against humanity but all sides have to be very careful about the transperancy of the trial. Such trials must also be free from political overzealousness.
http://www.ittefaq.com/issues/2010/03/29/news0393.htm
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