Bangladesh court convicts UK reporter of contempt for questioning 1971 toll claim

[HAIDER]

DHAKA: A Bangladesh court on Tuesday found an award-winning British journalist guilty of contempt for questioning the official death toll of three million in the country's 1971 independence war.

Judges from a special war crimes court ruled that a blog and two other articles written by David Bergman “hurt the feelings of the nation” and ordered him to pay a 5,000 taka ($65) fine or go to prison for a week.

The case was seen as a test of the country's commitment to free speech after Bergman cast doubt on the official version of one of the most contentious issues in Bangladesh's short history.

Delivering the verdict in the capital Dhaka, presiding judge Obaidul Hassan told the courtroom that “freedom of expression can be exercised in good faith and public interest”.

“David Bergman neither has good faith nor an issue of public interest,” the judged added.

The International Crimes Tribunal, a domestic court which has found several top opposition leaders guilty of mass murder, asked the government to probe Bergman's reporting on its work.

Prime Minister Sheikh Hasina has justified the trials on the grounds that the scale of bloodshed in Bangladesh's war of secession from Pakistan demands that perpetrators be brought to justice, even four decades later.

But critics say her government has deliberately exaggerated the death toll as a way of intimidating her opponents and countering unease from abroad about a trial process lacking any international oversight.

Most of the war deaths have been blamed on troops from Pakistan, which ruled over Bangladesh from 1947 — when the territory was known as East Pakistan — until 1971.

But Hasina's government says Bangladeshi militants were behind some of the most brutal killings, including the massacre of intellectuals.

Most independent estimates say the actual toll of war dead is in the hundreds of thousands.

No scope to appeal'


Bergman's lawyer Mustafizur Rahman said the court verdict was a big disappointment but there was “no scope” to launch an appeal.

“It was our submission before the tribunal that the laws of Bangladesh permit constructive criticism of court orders and proceedings in a restrained language by a person having knowledge of its affairs,” Rahman told AFP.

“It was our submission before the tribunal that David Bergman acted within those bounds.”

“David Bergman has never been against the process of the tribunal. As a matter of fact, he brought attention to the issue of prosecuting persons having committed war crimes in 1971 at a time when the rest of the world was on the verge of forgetting this issue.“

The 49-year-old Bergman won a British television award in 1995 for a documentary exposing alleged war criminals who had taken refuge in the United Kingdom.

Lawyer Abul Kalam Azad, who filed the petition against Bergman, told AFP the judgement was “fair and right”.

“No one has the right to question the three million death toll in the 1971 independence war. It is a settled issue,” he added.

Bergman, who is an editor of local English-language daily New Age and also writes for Britain's Daily Telegraph, has been living in Bangladesh for more than a decade. He is married to a top human rights lawyer.

His conviction came when Bergman was writing a series of reports in the New Age on the alleged involvement of the country's security forces in the abduction and disappearance of 19 opposition activists before disputed elections held in January of this year.
Bangladesh court convicts UK reporter of contempt for questioning 1971 toll claim - World - DAWN.COM

 

[Otocal]

Good. Bangladesh needs to counter this jamaati taqiya.

 

[Luffy 500]

3 million figure is an exaggerated myth promoted by indo-awami scumbags. It has hurt our political land scape profoundly. Awami scumbags has made a mockery of the country & the judiciary and with this farce judgement, again showed the world that BD is run by some Indian trained monkeys with peanut size brains.

 

[Solomon2]

“No one has the right to question the three million death toll in the 1971 independence war. It is a settled issue,” he added.

If Jews have to put up with Holocaust deniers why should Bangladeshis treat the "three million" number as something that cannot be questioned? It's a horrible restriction on freedom of speech, a roadblock to education and research, and a lever for the current establishment to demean its opponents. Two thumbs down.

 

[haviZsultan]

The 3 million figure is central to Bangladeshi identity. They want to prove beyond anything else that they were severely mistreated and that 1971 occurred due to extreme persecution. I believe Bengal was mistreated but the 3 million toll is too high and incorrect. Bangladesh should be open to human rights agencies and journalists.

Also both Bengal and Pakistan have moved beyond the phase where we held grudges. The number 1 enemy for Bangladesh now is India.

Also Pakistan and Bangladesh united would have made a population of 320 million, the largest muslim nation in the world. By tearing us apart India severely weakened Islam. Not to say west Pakistanis did well. We should have given Bengalis more rights and their language. But again during the introduction of facts and figures certain biases crept their way to the top. The 3 million figure is just rubbish.

 

[Solomon2]

The 3 million figure is central to Bangladeshi identity. They want to prove beyond anything else that they were severely mistreated and that 1971 occurred due to extreme persecution. I believe Bengal was mistreated but the 3 million toll is too high and incorrect.

The three million figure is not "rubbish": rather, estimates of Bangladeshi civilians dead at the hands of the Pakistani Army range from 30,000 to 3,000,000.

Also Pakistan and Bangladesh united would have made a population of 320 million, the largest muslim nation in the world. By tearing us apart India severely weakened Islam.

As happens so often, the role of Pakistanis themselves in the debacles of their state is obscured. Pakistan fractured because the rifts between West and East were large and Z.A.B. would not let the E. Pakistani victors of the 1971 election reshape the state to decentralize power; his personal political ambitions required a strong state with him in charge. He preferred to manipulate the breakup of Pakistan to achieve dictatorial power rather than keep the state whole and himself as a leader of the loyal parliamentary opposition. As Bangladeshi leaders at the time saw it - and I met a few of these at the time - India's invasion and defeat of the Pakistani Army was more liberation and humanitarian relief than conquest. They considered Bangladeshis a separate people suffering from a parasitic and deadly host.

 

[Judge]

As Bangladeshi leaders at the time saw it - and I met a few of these at the time - India's invasion and defeat of the Pakistani Army was more liberation and humanitarian relief than conquest. They considered Bangladeshis a separate people suffering from a parasitic and deadly host.

With India getting the highest favourable rating in Asia from Bangladeshis, you would think the Pakistanis can (atleast) now let go of their colonial hangover when they thought could dictate to the Bangladeshis who is/isn't an enemy of Bengalis.

But sadly, that is not to be.

Meanwhile - Here is what Bangladeshis think(regarding whether India is their enemy or not):

How Asians Rate China, India, Pakistan, Japan and the U.S. | Pew Research Center's Global Attitudes Project

 

[DESERT FIGHTER]

The three million figure is not "rubbish": rather, estimates of Bangladeshi civilians dead at the hands of the Pakistani Army range from 30,000 to 3,000,000.

As happens so often, the role of Pakistanis themselves in the debacles of their state is obscured. Pakistan fractured because the rifts between West and East were large and Z.A.B. would not let the E. Pakistani victors of the 1971 election reshape the state to decentralize power; his personal political ambitions required a strong state with him in charge. He preferred to manipulate the breakup of Pakistan to achieve dictatorial power rather than keep the state whole and himself as a leader of the loyal parliamentary opposition. As Bangladeshi leaders at the time saw it - and I met a few of these at the time - India's invasion and defeat of the Pakistani Army was more liberation and humanitarian relief than conquest. They considered Bangladeshis a separate people suffering from a parasitic and deadly host.

How old were you back than? considering you were living with your parents? 5-6? early teens? as for liberation n humanitarian relief.... what sort of relief are you talking about when india was directly involved in the conflict/civil war since march 1970?

 

[Jaanbaz]

I doubt it was three millions. Most Bengalis killed Bengalis. How could Pak Army be killing Bengalis at the same time as fighting hordes of Indian soldiers?

 

[jaunty]

If Jews have to put up with Holocaust deniers why should Bangladeshis treat the "three million" number as something that cannot be questioned? It's a horrible restriction on freedom of speech, a roadblock to education and research, and a lever for the current establishment to demean its opponents. Two thumbs down.

Doesn't Germany have laws against Holocaust denial?

 

[Joeblow]

The 3 million figure is central to Bangladeshi identity. They want to prove beyond anything else that they were severely mistreated and that 1971 occurred due to extreme persecution. I believe Bengal was mistreated but the 3 million toll is too high and incorrect. Bangladesh should be open to human rights agencies and journalists.

Also both Bengal and Pakistan have moved beyond the phase where we held grudges. The number 1 enemy for Bangladesh now is India.

Also Pakistan and Bangladesh united would have made a population of 320 million, the largest muslim nation in the world. By tearing us apart India severely weakened Islam. Not to say west Pakistanis did well. We should have given Bengalis more rights and their language. But again during the introduction of facts and figures certain biases crept their way to the top. The 3 million figure is just rubbish.

Pakistan shot itself in the foot by mistreating the Bengalis. They won the election fair and square. There was no reason not to turn over power to Mujib. Maybe if you'd done that, the history of the subcontinent would have been different because the erstwhile East Pakistanis didn't suffer from the Indo-centric paranoia that the west Pakistanis did.

Doesn't Germany have laws against Holocaust denial?

I believe more than one state in Europe has laws against holocaust denial

 

[monitor]

there are no laws that forbid questioning the number of death in our liberation war then why a journalist punish .this days court becoming more a weapon of govt then last hope of people confidence .

 

[scholseys]

I am happy with double agent Bergman's charges.

 

[Raphael]

$65 fine

Less than a speeding ticket.

 

[The Snow Queen]

After 20 years or so, after Hasina dies, no one will care about this crap. The past is past and we should definitely learn from our mistakes and move on, for the future.