Bangladesh: No Mercy for War Criminal
After 2nd world war, the largest genocide was organized on 1971 in Bangladesh; more than 3 million people were slaughtered within 9 months – it’s true within the range of time and geographical area. Although the trial of war criminals never completed till today which is a serious violation of human rights – it is the highest threat for global humanity and universal values. This article is an analysis about the short history and logicality of liberation war, rejoinder to propaganda about presidential pardon, international barriers for the trial of local collaborators including main executor Pakistan army, political party’s drama, pressure of super powers, Israel-Bangladesh diplomatic relationship and possible bilateral benefits, widen the way of trial ensuring implantation of ‘Parliament-based Democracy’ by the amendment of Bangladeshi constitution, uses of lie detector machine, truth serum, and hypnotism in court.
BACKGROUND AND LOGICALITY
Who knows the history of Bangladesh and supports the trial of war criminals, need not to read this section – directly jump for the next section ‘Political Hypocrisy’. But who is not the citizen of Bangladesh or does not know the history of Bangladesh will have to read the whole article for information. Besides them, who are supporters of war criminals, will read to know the logicality of trial.
British colonial govt. established two independent states: India and Pakistan on 1947 at the time of leaving Indian sub-continent. Pakistan's territory was divided in two parts with the distance of some thousands kilometers then. West pakistan (now Pakistan) was large with few populations, where East pakistan (now Bangladesh) was the opposite. But 80% of the public service of the republic was reserved for west. East pakistan played important role to overall economy including accumulation of foreign currency but almost all expenditure provided for west. If someone from east enters to central political office, he had to be dismissed within some-days by Governor. Apathy to declare election on regular basis, cultural discrimination, martial law, detention-oppression etc. developed serious discontent. At last, political leaders of east achieved unpreventable majority in parliament to form central government in 1970's election. But western rulers started genocide on 25 March 1971 in lieu of transfer power. Next prime minister 'Bangabandhu' Shiekh Mujibur Rahman had been arrested. At least ten million refugees took shelter in India to save life. Three million people had been killed before Bangladesh became independent. Here 'Jamati Islam' took part to commit genocide as local partner of Pakistan army and acted as local guide. Pakistan had surrendered on 16 December 1971 facing freedom fighter's widespread attacks with help of ally state India. 93,000 soldiers were captured including officers.
93,000 soldiers including 195 top Pakistani war criminals were handed over to Pakistan via India only for the commitment of Pakistan that they will bring them to trial. Vutto also declared to the people of world that the trial must be held. Actually, Bangabandhu and near about one million citizen of Bangladesh were imprisoned in Pakistan on that time - that compromise was only to ensure their security. Bangladesh government also validated this so called bilateral agreement later without approval of parliament or public opinion. Bangladesh government had started the process of trial of local collaborators. 37,000 people were arrested for this reason. Later Presidential pardon showed to 26,000 people who were "the supporter of United Pakistan only but not involved in genocide, oppression, plunder". But the rest 11,000 were imprisoned accused of committing genocide - they were not under the umbrella of presidential pardon. Only 'Chikon Ali', a war criminal received death punishment, some faced the verdict of Jail and a lot of war criminals had been waiting to face trial. But after the change of government in 1975, President Sayem directly cancelled the law on 31 December 1975; that's why 11,000 war criminals released from jail. On the other hand, Pakistan govt. did not bring the war criminals of military to trial.
POLITICAL HYPOCRISY
Movement, writings in media, protest in many ways were always undeterred. On 1979, led by 'Muktijoddha Sangsad', on 8th decade from 'Shahid Lieutenant Selim Moncho' organized robust movement. Dr. M A Hasan also moved to United nations with this issue. Army chief Hussain Muhammad Ershad started martial law occupied state power on 24 March 1982. Pakistan govt. formed a tribunal to bring freedom fighters to 'trial' on 1971. It is believed that Ershad was the chairman of that. It is over emphasized to say, this type of Ershad would not take any step to start war criminal's trial. People of Bangladesh took step to withdraw this 'Bogeyman' by revolution on 1990, democracy re-started. Flames of fire burned everywhere by the movement demanding trial of war crimes on 1992. Main opposition party Awami League gave moral support to this movement. Ruling party BNP filed case of "seditious activities" against Jahanara Imam, the main leader of the movement. She died from cancer with unsolved case on 1994. Awami League came to power on 1996 and completely avoided the issue of war criminals trial. Bangladesh Nationalist Party (BNP) backed to power again on 2001. Mentionable that, the founder of this party was a great freedom fighter - achieved second highest award from state for bravery. BNP claims martyr president Ziaur Rahman as 'Declarer of Independence' but her wife Begum Khaleda Zia, after becoming prime minister of Bangladesh placed two war criminals in cabinet. The demand of trial touched everyone on 2007 and 2008. Awami League promised again for trial for continuous demand of students, cultural organization and above all common people. Common people balloted for Awami League with innocent trust. Awami League won with more than 75% seats in parliament. But after enters to the office of power, the trial took more than one year to begin by many type of pretexts. No process took place to bring back Pakistan army's war criminal officers and soldiers. Only 10/12 local war criminals were arrested from 11,000. After long 4 years, tribunal punished one for death penalty, and that one is fugitive. Second war criminal, who killed more than three hundred people: the complain proved in court, judge accepted that, but the verdict declared only jail.
Protest burst out within moments demanding death punishment, Mass-movement begun Bangladesh-wide centrally directed from main center Shahbagh. It is the common belief among people: Awami League's top leaders are 'sold' for huge money. Second reason: till the issue of war crimes remain active, vote can be gathered by saying this, "If we can form government, we will bring war criminals to trial". The using of emotion of liberation war is the main point here. This is the reality in Bangladesh. Government stage 'Drama' for several times with innocent audience public. "Who commits crime and who does not raise voice against crime, both are equally guilty". War criminals will must face trial and all the governments post 31 December 1975 will have to face trial also - for not bringing the war criminals to trial.
THE ENDEAVOR TO AVOID TRUTH
Who are and were engaged with the movement demanding trial of war criminals, Awami League always tries and tried to use them for their shabby interest. On the contrary - BNP marked them as 'Agent of Awami League' or ' Spy of India' etc. The leaders of these top two political parties failed to realize the thought of common people. General students, professionals, farmers were at the front of battle fields of liberation war with weapon on 1971. Like that, same thing happened again in the movement demanding trial. Common people hate any type of injustice: Biswajit's killing, Felani's killing at border, police attack on BNP's whip, evict Khaleda Zia, BDR mutiny, grenade attack on Awami League's meeting on 21st August etc. Common people are not the blind supporter or opponent of Awami League, on the same way they are not the blind supporter or opponent of BNP. When Awami League do something good, accoladed by public, again when AL do something bad - the same public criticize. When BNP do something good, accoladed by public, again when BNP do something bad - the same public criticize. Share market, property successor law, coaching business, electricity failure, 'Hawa Bhaban', foreign relation, caretaker govt. : on every matter everyone can keep different mentality. But with issue of war crime's tribunal, everyone's mentality is same: "We want justice for genocide". But this true is not widely accepted by Awami League's president Sheikh Hasina and BNP chairperson Begum Khaleda Zia. There is no political ambition behind this. The activist of the movement demanding trial of war criminal, are not taking part as 'political activist' - all of them are performing as 'human rights activist'. But childish or less-important activities are being staged focusing on the emotion of liberation war: e.g. fixing quota in public service for freedom fighter's offspring, grand offspring. Who took part in liberation war is obviously a hero but his or her descendant did nothing. The whole state is divided into two parts by this non-democratic policy. Intellects become deprived and stupids achieve important office for ancestor's virtue. 'BNP is the source of Anti-Liberation War activities', this concept is not always right. 'Ministry of Liberation War affairs' was formed during their term. 'Birsreshtho' Motiur Rahman's grave had been transferred from Pakistan to Bangladesh. On the other-hand, it's not true that during Awami League's period activities based on liberation war get life and color. It was promised to establish 'Glass Tower' where Bangabandhu delivered his historical speech on 7th march 1971, within 2010 and to establish monument across 193 killing fields of Bangladesh. From 2009 to 2013, nothing done. Captain (Rtd) ABM Tajul Islam is the most failed member in the history of Bangladesh's Cabinet. Huge optional works related to liberation war were done within few decades. But the compulsory (the trial of war crimes) was not. Everyone used the emotion of liberation war for their own party interest. 'Liberation War' became a big business item. This Awami League is not Bangabandhu's Awami League, it's Khandaker Mushtak's Awami League. This BNP is not Ziaur Rahman's BNP, it's SQ Chowdhoury's BNP. Now the question is, why Awami League and BNP are returning back to power for several times? Because, common people vote for BNP becoming irritated at Awami League. Again they vote for Awami League becoming irritated at BNP. Not to support, common people vote to last opposition party with the mentality to punish the last ruling party. Then what is the solution to break this strange circle without interruption to existing democratic process?
MAIN OBSTACLES FOR THE TRIAL OF WAR CRIMINALS
There are both internal and global obstacles for the trial of war criminals. The internal problem is Bangladesh follows parliamentary democracy. Prime Minister enters to office not by the direct vote of public rather by the vote of member of parliament. That's why, to win at least half plus one seats in parliament is indispensable. If any party allies with other parties to get more votes, opponents have to follow the the same trick to tackle them. In the result Jamati Islam accused for war crimes and military ruler Hussain Muhammad Ershad's Jatiya party become the regulator in politics. Second problem is the incapability of thinking power of political leaders, compromise. They think, what they will say to people, mango people will accept it without question. Besides this, these leader have been holding position tightly for long time in own parties. They handover power to family members. No one can criticize inside party or in parliament – as, if anyone vote against party, will lose MP-ship by the clause 70 of constitution.
Now come to global context. The religion Islam is divided into many isms. Saudi Arabia and Jamati Islam both believe in 'Wahabi Islam' - so Saudi Arabia is sensitive to Jamati Islam. United States of America is sensitive to Saudi Arabia for the permission of US troop's presence inside Saudi Arabia. Two million labors of Bangladesh are working in Saudi Arabia now - it is a big problem that they may get ejection order any time. Beside these Pakistan is another problem. Pakistan govt. is sensitive to Jamati Islam after long years only for their role in 1971.
DIPLOMATIC RELATIONSHIP BETWEEN ISRAEL - BANGLADESH
Only with one country, Bangladesh does not keep any diplomatic relationship, that is Israel. Why there is no relation, it is the answer of this question is that Israel has been killing the Muslims of Palestine. Now a million dollar question, Pakistan killed three million people of Bangladesh where majority of these martyrs were Muslim, then which logic is behind to keep diplomatic relation with Pakistan? Israel did not make any harm to Bangladesh or killed any Bangladeshi citizen. Then why this logic-less mentality to Israel? President Ziaur Rahman added clause 25(2) to constitution: "The State shall endeavour to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity". At the time of massacre in Bangladesh on 1971, the States with Muslim majority did not show any sympathy to Bangladesh. Moreover, gave moral support, financial help and weapons to Pakistan. When Bangladesh became independent without their help, after a long time of that especially after the killing of Bangabandhu - Founder of Bangladesh, they accepted Bangladesh as an Independent State. Why Bangladesh will show one sided interest to theses type States? It's the double standard policy of Bangladesh. When India's 'Border Security Force' kills the Bangladeshi citizen inside the border of Bangladesh infiltrating the border, then Bangladesh protest diplomatically. In this way, Bangladesh will be able to protest Israel's wrong policy keeping diplomatic relation uninterrupted. Far-off Libya proposed Bangladeshi Prime Minister for the pardon of Bangabandhu's killers. And it was replied diplomatically.
AMENDMENT TO CONSTITUTION
It's not possible to implement a complete trial of war criminals under the present constitution of Bangladesh and present top leaders active in political offices. The constitution needs some important amendments. First, institutionalization of Presidential form of govternment. President election and parliamentary election will be held at the same day - terms of both offices will be same. No member of parliament will be minister. Even s/he will be disqualified after resignation from parliament Or to change party on that term. 50 seats in parliament will be reserved, half for men, half for women. All cabinet member will be technocrat (who is not the member of parliament) President and cabinet will have no role in parliament. If only the president dies or resigns then any MP will be President for remaining of the term with the support of 51% MPs. MPs will not be bound to follow party's order. The whole system will be converted to 'Parliament-based Democracy from 'Parliamentary Democracy'. It will be really parliament based. Parliament will be able to dismiss President, Chief Justice, Chief Election Commissioner and Election Commissioners with at least two-third of total votes. Parliament will be able to dismiss Prime Minister, Ministers, State Ministers, Deputy Ministers with majority of votes and they will be disqualified in cabinet for next five years. Any Judge of Supreme Court may be removed by Parliament's majority vote. It means, parliament will be the center of all important decisions. Legislature, Executive and Judiciary will be separate.
A special clause will be added besides other amendments: "If any political party takes part in election, that party will have to nominate qualified persons to every seats of parliament and for the post of president". Only by this, the coalition politics may come to end. The necessity of Jamati Islam and Jatiya Party will be ended. These amendments are too easy. But proposed amendments described later are hard to pass. It is questionable that MPs will agree to authorize it or not. But some more amendments are important to say goodbye politely to those politicians who are not solving the important issues for a long time.
"No person shall hold office as President for more than one term"
"No person shall hold office as Prime Minister for more than total five years, whether or not the duties are consecutive"
"No person shall hold any office as Minister or State Minister or Deputy Minister for more than total ten years, whether or not the duties are consecutive"
"No person shall hold office as Member of Parliament for more than two terms, whether or not the terms are consecutive"
"If anyone hold the office as President or Prime Minister, for full of it’s term or not – whatever it is, from the moment he or she enters upon his or her office; his or her parents, spouse, offspring, daughter-in-law, son-in-law, grand offspring, Sibling and their spouse & offspring, Uncle, aunt, cousin will be disqualified permanently for lifelong period to hold the office as President, Prime Minister, Minister, State Minister, Deputy Minister, Member of Parliament, Chief Justice, Judge of Supreme Court, Chief Election Commissioner, Election Commissioner and for any Constitutional Office or Public Service”.
Condition will be added for proposed clause: “The above-mentioned provisions will be applicable from 16 December 1972 to all of those who have already held that office or will hold”.
If the proposed hard amendments are enacted, then conventional democratic system, mixed economy, Awami League – BNP will remain intact. Only old leaders will have to leave train for new passengers. New leaders, progressive thought will come to light, it is very important for the development of democracy. Although these amendments will have to be enacted by a normal process: not by usurpation, martial law, Supreme Court’s order or by ‘Ziaur Rahman’ style. It will get a permanent shape only it is legalized by parliament. There are some members of parliament in Bangladesh who have been elected for four to seven times. Leaders of field level are not getting the chance to be bloomed or perform role in national level for them. These type of leaders do not bring war criminals to trial but go to liberation war monument to place flower with procession on Independence Day and victory day every year. This proposal will not be favored by these ancient leaders; so, the leaders of field level will have to take steps to keep pressure on top leaders with the help of local people. The boycott program targeting local MPs will have to be initiated locally everywhere.
INTERNATIONAL DIPLOMACY
Pakistan army who are the part of killing three million people, how do they ‘keep peace’ by taking part in UN peacekeeping mission? Who are alive of this ‘Killer Military’ should face trial in Bangladesh. A proposal should be submitted to United Nations that Pakistan army will be banned till Pakistan govt. hand overs accused military officers and soldiers. It is hoped that exasperation will increase in Pakistan military if the ‘easy way to earn dollar’ stops. And they will force Pakistan govt. to hand-over accused persons to Bangladesh govt. with evidence.
America is the controller of Pakistan and Saudi Arabia. And Israel is the bosom friend of America. Israel continued efforts to get the 'acceptance' from all states of the world. It will be proposed simply that Bangladesh will accept Israel as a state and establish normal bilateral relation including full diplomatic relationship and in exchange for this, some measurements will have to be ensured:
# Pakistan govt. will hand over military officers and soldiers accused for war crimes on 1971 to Bangladesh govt. with evidence for trial.
# Pakistan and Saudi Arabia will discontinue its all type of relation with Jamati Islam of Bangladesh permanently.
# Pakistan and Saudi Arabia will stop all type of espionage activities and stop financing militants in Bangladesh.
# Saudi Arabia will not eject any labor of Bangladesh or will not show any negative attitude.
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