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BDR carnage case: HC confirms death for 139

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11:06 AM, November 27, 2017 / LAST MODIFIED: 06:48 PM, November 27, 2017
BDR carnage case: HC confirms death for 139
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Bangladesh pilkhana BDR mutiny carnage verdict

The Pilkhana BDR headquarters was virtually a combat zone in the morning of February 25, 2009.
A bloody mutiny broke out on that day and ended up claiming lives of 57 army officers.
Star file photo
Star Online Report
The High Court today confirmed death for 139 out of 152 convicts who were given capital punishment by lower court in BDR carnage case.
Among rest of the convicts, the court commuted death penalty of eight to life-term imprisonment and acquitted four others. Another death row convict died earlier.
Read more: BDR carnage was to create political crisis: HC
Besides, the court upheld life-term for 146 convicts, awarded different terms of imprisonment to 196 and acquitted 41 others.

Out of the total convicts, 28 did not file appeal against the lower court verdict and three died during hearing of the appeals and death references.

Read more: Probe intelligence failure: HC

A three-member HC bench of Justice Shawkat Hossain, Justice Nazrul Islam Talukder, Justice Md Abu Zafor Siddique pronounced the verdict this afternoon.

In 2009, seventy-four people, including 57 army officials, were massacred during the BDR mutiny at the Pilkhana headquarters of the paramilitary force, later renamed Border Guard Bangladesh (BGB).

The death reference and the appeals were filed with the HC months after a Dhaka court on November 5, 2013, awarded death sentence to 150 BDR members and two civilians, and life imprisonment to 160 others for their roles and involvement in the carnage.

The Dhaka court also handed down rigorous imprisonment to 256 people, mostly BDR soldiers. It acquitted the remaining 278 accused, but the government later appealed against the acquittal of 69 of them.

The HC started hearing the death reference and appeals from the convicts in January, 2017
http://www.thedailystar.net/city/hi...h-pilkhana-bdr-mutiny-carnage-verdict-1497094
The Bloody Durbar
Ahmede Hussain
On that fateful Wednesday, Nadeet Haque, son of slain sector commander of the Bangladesh Rifles' (BDR) Dhaka Battalion Col Mujibul Haque, was awakened by a loud thump on the door.

“It was our waiter,” he says, “Who told me that a group of men in BDR fatigues were running towards our house.” Nadeet, who is doing his A' Level as a private student, called his mother, who was in the gym; she advised him to lock himself up in their room. Mili Haque, Nadeet's mother, was herself in grave danger. Another bunch of murderers were looking for her in every nook and cranny of the BDR compound. The guard of the gym locked Mili up and told the killers that no one was there.
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Though her life was saved for the time being, her son, as the gunshots were becoming even louder, hid himself behind the compressor of the AC in the back veranda. “I found one of our maids hiding there,” he says, “In a few minutes I heard some footsteps and jumped onto the sunshade of the building. I clutched at her hand, trying to get her down to where I was. Later I let go of her because I realised that if tried further to get her to my side they would shoot at her.”

Hiding on the sunshade, Nadeet saw the killers set fire to his room to bring him out to kill him. “The fire was spreading fast, and within a few minutes it reached the sunshade. It was so smoky, I could not see anything properly, I had to get up and find a shelter. Some of the killers who were standing in a building construction site, noticed me. They sprayed a few rounds at me as I ran for safety. I am lucky that I am alive and talking to you,” he says in a voice choked with emotion.

He broke the wire net of the kitchen and went into a room in the house and hid himself along with two others under the bed. Shaken, Nadeet does not want to name these two BDR-men who saved his life; when a few jawans turned up again in search of him, these two men, who do menial labour in the house, told the killers that “Col sahib's son” was not here.

General staff officer 1 (communication) of the BDR Lt Colonel Syed Kamruzzaman will never forget the last Darbar (durbar) of the BDR. The officer who had just taken part in the force's annual parade a day ago was sitting in the spacious hall of the BDR when immediately after the Director General (DG) of the paramilitary started his speech a young man, without his cap and belt went up to the dais.

Throughout the DG's speech, which was short-lived, there was commotion at the back of his audience. Some chanted slogans; some made catcalls. An officer and a non-commissioned officer jumped and accosted the young man in an attempt to stop him from reaching the DG. Shaken, the young man fell to the ground; while another man in BDR fatigues ran out of the Darbar.

“Like magic, within a few seconds the whole darbar became empty,” says Lt Colonel Kamruzzaman. There were gunshots. At around 9:45 in the morning, a group of mutineers, wearing red bandanas, came up with guns and ordered the 12 officers present to come out and walk in a line led by the DG. "As the DG climbed down the stairs of darbar hall, one jawan sprayed him with bullets. Soon the other jawans there started firing on us," he says.
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Some of the killers wore red masks.

Lt Colonel Kamruzzaman is lucky, so is Major Munir, who no sooner had the firing begun jumped into a sewer manhole. "It was dark and full of a foul smell. I kept the lid closed and could hear gunshots. I stayed there without any food and light. I could not separate day from night," he says.

The marauding bunch of killers did not spare women and children. They separated the women and children from the officers: women with young children in one group were confined in a room with a ceiling fan; women a little older were kept in a separate group with the batmen; the officers, who were not hiding, were held hostage separately. Kamrunnahar Shampa, wife of slain Major Maksud, says, “The BDR jawans looted all my valuables, after I fled with my baby.”
By the first night of the two-day mutiny, the murderers killed almost all the officers present in the compound.

The barbarism was reminiscent of the genocide committed by the marauding Pakistani army, only this time the killers belong to the degenerate members of one of our security forces.

Mili Haque is a survivor of the mayhem. “Only that day he (Col Haque) told me that he had been neglecting us for his service to the nation. I can't fathom how can the jawans have killed someone who has given the topmost priority to the well being of the nation and his soldiers,” she has told the media. She cannot figure out how her husband's own troops could point their guns at Col Mujib, let alone kill him.

Not only residence of Col Haque, the BDR the killers also looted almost all the houses of the officers before setting them on fire. Some officers were killed in the most brutal way. After killing these brilliant sons and daughters of the soil, the killers dumped the corpses in a couple of mass graves; they dumped some bodies in the sewer, which carried the corpses to the dam near Keranaiganj.

As the mayhem was going on inside, army was rolled in to stop the murderers from coming out of Pilkhana, the BDR headquarters. The plan paid off; the murderers remained confined to the area. The negotiations ensued and the army waited patiently.

As the negotiation with the Prime Minister ended, the government declared Prime Ministerial Amnesty to the mutineers. Brig. Gen. (retd) Shahedul Anam Khan, a national security expert, believes it was given on the spur of the moment, without taking into consideration of the ground realities. “In any case, amnesty can only be given for revolt, it can never be applicable to those who have committed murder, arson and other serious kind of atrocities,” e says
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The blood of the martyrs of Pilkhana carnage shall not go in vain.

Even though the government's approach of negotiating with the mutineers has saved many lives, it has also brought into light the other possible option the government could have taken.

“The government's steps have not caused any further loss of life. There is always the temptation to think that if something could have been done, instantly perhaps…yes I agree, the government could have gone for a swift sharp action to surprise the mutineers, the rebel elements, who were not large in number,” Anam says.

He believes that there was a possibility of reducing the mutineers. The former Brigadier General says, “I do not know why it was not done… there may be some tactical problems such as the problem of the built-up area in the BDR Headquarters. There were a large number of families who were eventually saved who would have been killed had the mutineers got a whiff that there was an offensive. The government chose a path that saved more bloodshed.
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Some BDR jawans shot at passers-by in Dhanmondi.

All the imponderables! In hindsight you can ask why it was not done, but what if the action would have resulted in more bloodshed; in that case we would have asked the government why it had taken action without going for negotiations. There are always two sides to an issue.”

What would Brig Gen (retired) Anam, a courageous commander in his prime, have done in such a situation? “If I came to know that some of my officers were in danger, I would have moved a company or two, would have gone for commando style operations, which would send the mutineers in several directions and split them apart.

It might have been successful or it might not have, one cannot tell. I would not have waited; I would have gone for it. If I came to know that my officers were treated in such a way, I would not have been able to stand still. I would have relied on the element of surprise, being an infantryman I would have gone the whole hog. Everybody does not have to agree with me. There are so many other factors here-- this is my personal opinion,” he answers.

Syed Ashraful Islam, the Local Government Minister and spokesperson, has a different opinion. He says, “The prime minister sent out the troops no sooner had she got the news. But it takes time for the army to reach a certain place. Whatever happened in Pilkhana had happened before the army members had reached the scene. After that, our main concern was the safety of the hostages. The standoff was resolved quickly considering the security of the people in general apart from the BDR members.”

To avert what it says a humanitarian disaster, the government opted for a political settlement. The Prime Minister Sheikh Hasina gave a speech, which warned the murderers of disastrous consequences if they did not give up arms and freed the hostages.

The PM's speech, along with the arrival of the tanks led by 9th Division of the army forced the killers to lay down their arms. Though most BDR members surrendered to the Home Minister, some of the killers have managed to flee. “Most of them crossed the perimeter wall near Hajaribagh, where the road leads to Kamrangirchar while the other path goes to Gabtali and Rayerbazaar,” says an officer of the Rapid Action Battalion, which has arrested some BDR-men.

Lieutenant-General (Retired) Harunur Rashid, a valiant freedom fighter and former army chief, says the mutiny was well orchestrated and it had little to do with the working conditions in the barracks. “There is the first soldier who wanted to start the killing; as he failed a second group turned up. There has even been a third batch of killers. The red clothes that they have used is not a part of their uniform, which shows that the killers have planned the event before,” Lt Gen Harun says.
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Faces of Terror: Some BDR jawans carried out the well thought-out act of killing and looting.
In fact, the way some of the murderers have melted into thin air on the night of last Friday supports Lt Gen Harun's observation. “Not only that,” says an officer of the Rab who wants to remain anonymous, “Their escape plan has been done meticulously.

They have used chairs to climb the wall near Hajaribagh. All of them have followed the same pattern. The three graves that the killers have dug are all evenly squared; so neatly the whole affair of killing and dumping has been done tells us that a group of people has orchestrated the massacre long ago.

We are trying to pinpoint exactly where the plans were done and we have so far come across the area near 36 Rifles Battalion, which we think have been used to hatch the conspiracy.” He has also said that to do their killing smoothly the murderers wore red, yellow and blue vests. Some killers also fled with a procession that came near the Gate 5 of the Pilkhana.

On the first day of the carnage the gate remained unguarded amidst intermittent shelling of the degenerate jawans. Some of these disgruntled mutineers abandoned their weapons in different areas of the compound; some, it is widely believed that, have carried small firearms with them. Some of these disgruntled mutineers abandoned their weapons in different areas of the compound.

Lt Col Shams, a survivor of the massacre, has said on Bangladesh Television that in the morning of the mutiny he saw arms being unloaded from an ash pick-up van while he was hiding. Lt Gen (Retired) Harun points out that the ammos used in the first attack do not match the ammos issued for the day's duty. “The ammunition fired by the killers is much more than the ammunition issued for routine duties.

It suggests that extra ammunition has been collected beforehand from some sources. We do not know where the rest of the ammos that they have used have come from,” Lt Gen (Retired) Harun says.

The armoury, from where the weapons have been looted, is a heavily guarded affair. There are ironed collapsible gates, which are locked with two padlocks. All the rifles are on rifle racks and each and every one of them are chained to each other.

Ammunition are kept in a different room, one has to go to a separate room to get them. There is a strip or magazine inside the ammunition box made of steel. Even the fastest loader will have to spend 10 minutes to get and load the ammo. The promptness with which the mutineers have turned up with automatic weapons also suggests that they have planned the massacre long ago.

“Immediately after the first bullet was fired at the Darbar Hall, a group of armed killers surrounded the family accommodations, which also shows previous planning,” Let Gen Harun says.

Brig Gen Anam thinks the Darbar mayhem was “pre-planned and all the so-called demands and grievances of the mutineers were excuses to draw public sympathy which the electronic media helped them gain by highlighting them.” He says that Bangladesh is no stranger to such incidents: “This is exactly what happened between November 3 and 7, 1975. Large-scale infiltration was carried inside the ranks, and these people went after the officers. But the causality then was nothing compared to what we have suffered on February 25.”
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The armoury was looted
Major General (retired) Syed Mohammad Ibrahim, a security analyst, could not but agree: “It can't be the brainchild of soldiers who have just passed their SSC or HSC exams and a bulk of whom remain busy in strenuous border duties.

Outsiders from X or Y corner must have contacted insiders well in time keeping in view the BDR Week. As more and more events are being unfolded, it is displaying the involvement of matured conspirators. It is only a question of time and sincerity, both used intelligently, for the conspiracy to be laid bare in front of the nation,” he says on the last day of February.

The incident has shown, to a great extent, intelligence failure, which Brig Gen Anam calls an “unpardonable failure.” That the preparations of such an incident can go unnoticed by the agencies is surprising. “It is unbelievable how the agencies have failed to get an indication of what was afoot. The whole area must have been secured, covered, screened because of the PM's visit the previous day.

The idea is to keep such places under constant survey. I cannot see how the agencies did not see what was coming; I think there is a gross intelligence failure. The investigation will find out to what extent it failed, whether people were told about it at all or what was told about it.”

Meanwhile, the government has rightly declared that a fast-rack tribunal will be formed to bring the perpetrators of the BDR massacre to justice. Last Saturday, the Local Government Minister Syed Ashraful Islam has said that the law minister has already been instructed by the cabinet to form a special tribunal. "The law and the clauses under which perpetrators can be tried will be put before the cabinet and then a bill will be tabled in parliament to fast-track the trial process," he has told the media. "Every single one of those responsible will be put in the dock,” he has added.
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The killer group wore masks of different colour.

Like Col Mujibul Haque's residence, many houses were looted by the killers.
In her speech to the parliament the Prime Minister has said, "I opted for talks to save lives, to save the officers and their families," refuting claims that not resorting to force was a tactical mistake. She has also said that she has sought the help of the US and UN to probe into the killing.

The PM, who has to handle such a big crisis on the 50th day of her tenure, has taken some widespread measures. Her government has formed a probe committee ensuring representation of the army, air force, navy, police and Rab. In an oblique reference to the Bangladesh Nationalist Party, she has told the parliament that they (the BNP-men) brought out processions in Hajaribagh and other areas surrounding Pilkhana to encourage the killers.

There is no doubt that the crisis has been one of the toughest challenges that any new elected would want to see itself embroiled into. Sadly, there is no instance in our history that the probes into such carnages have been done in a transparent manner. We hope the BDR massacre will be an exception. Along with the entire nation we demand a neutral probe into the massacre, we also hope that the nation will be informed about the possible conspirators and their motives.

Given the nature of loss and the scale of brutality, our army, which was on duty during the crisis, has shown maximum restraint. No bullets were fired from their side, putting first priority on the safety of the women and children who were kept hostage inside. It only goes to the credit of the army that they have given peaceful resolution of the grave problem a chance.

The government has started to probe into the carnage and we hope that the conspirators, along with the murderers, will be brought before justice. The brutality with which some of the brilliant officers of our armed forces and their family members have been treated cannot go unpunished. We do not have enough words to translate our anger and hatred to those who have committed one of the ghastliest crimes in the nation's recent history. The blood of the martyrs of the Pilkhana massacre shall not go in vain.
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The government has said that it will form a special tribunal to punish the killers.

It is time to remain united as a nation. “We love ourselves, we love our friends and family members. But more than them,” says Lt Gen (Retired) Harun, “We love our nation. At a time of such grave crisis we should be united to safeguard our nation and its sovereignty.” He adds: “The pain that we are suffering should not deter us from safeguarding our country and putting the interest of it before everything. More then anyone else we love the country.”

On simply military terms, the loss for the army and the country is staggering. “The number of officers we have lost would be enough to man 8 to 10 regiments of the army,” he says. Even though any army in the world would find it difficult to stand such a massacre, Anam thinks, traumatised though its members are, “it is a disciplined force and is continuing to act in the highest traditions of professionalism.”

Besides the irreparable loss of life, which has given a big blow to our army and the country, the BDR, as a force, needs to be reconstructed. The mutiny has left our porous border unguarded and our nation's security has remained vulnerable. This is the time to rise above the occasion and get united as a nation. It is only the united effort of everyone that can save our nation from this catastrophe.
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Tanks were brought in on the second day of the massacre.
Meanwhile, Nadeet Haque stares vacantly at the sky and remembers his father, who was the main brain behind the caretaker government's Operation Dal-Bhat, which was the lifeline for the country's poor. He says, “My father was a brave man, he worked really hard for the country. I do not know what has happened, I do not know how such an incident can happen.” Like the slain Colonel's son, the entire nation anxiously waits to see the culprits of the BDR massacre to be brought before justice.

Portrait of a Mutiny
The Unanswered Questions
Syed Zain Al-Mahmood

It was meant to be a celebration. Red, yellow and green flags fluttered atop the arched entrance to the Bangladesh Rifles Headquarters. A cultural show was planned for the evening. The annual Darbar of the Bangladesh Rifles brings together officers and men from all over the country, and celebrates the achievements of the paramilitary force over the course of the year.

This year there was much to discuss, since the BDR had been involved in several high profile operations, including Operation Daal Bhaat -- a campaign to combat the rising price of essential commodities by importing and selling groceries at wholesale rates.

As the officers of the BDR -- all deputed from the army met the Jawans in the Darbar hall on the morning of the 25th of February, little did they know that the stage had been set for the bloodiest mutiny in the history of the country. Bangladesh has seen upwards of half a dozen coups and uprisings in the 37 years of its existence.

But the sheer mindless brutality of this latest uprising shocked the nation. The basic facts of what happened on that fateful morning have been fairly well established. Gunfire broke out as the Director General of BDR Major General Shakil Ahmed was delivering his speech. In the first wave of shooting, the DG and other senior commanders were mowed down.

Speaking to the Star, Col. Syed Quamruzzaman, GSO of the BDR headquarters described the harrowing scene. “The jawans asked us to come out and said we wouldn't be harmed. We walked out with the DG in the middle. They told us to walk in single file. We fell in line with the DG leading the way. They started firing at close range…”

As the horrified nation watched on live television, machinegun toting BDR jawans, with red cloth covering their faces, took up position around the compound. Leaflets were distributed saying they had risen up in retaliation for “hundreds” of years of deprivation and unless they received pay hikes and better facilities immediately, there would be worse to come. Government ministers scrambled to negotiate.

Rebel leaders were taken directly to the Prime Minister. But when the rebellious soldiers agreed to lay down their weapons thirty-six hours later, 69 army officers lay dead. Several of their family members along with three passers-by had also been killed. Mass graves with decomposed bodies, homes gutted by exploding grenades and walls pock-marked by hundreds of bullets the scene of carnage sent the nation into anger, disgust and later into mourning.
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Anger, disgust and finally grief.
The BDR mutiny may be over, but disturbing questions remain. Why did the rebels kill all the officers if it was a dispute over pay and benefits? Could military force have been used to quell the rebellion? Could the deaths have been prevented? How could this have been planned without anyone knowing? What were the intelligence agencies doing? Who stands to gain from this horrific atrocity? What was the mutineers' exit strategy?

The sheer scale of the mayhem makes it unlikely to have been a violent agitation over things such as pay, subsidised food and holidays. Surely it would make more sense in that case to hold the officers hostage. Experts now believe the objective was the elimination of the army officers, and the demands were a smoke screen.

“They didn't give us the chance to say anything,” recalled Col. Quamruzzaman, who was wounded, but survived. “The DG kept saying tell me your demands. But they just opened fire.”

During the mutiny, unruly jawans repeatedly railed against their officers. They called for appointing officers from their own ranks rather than sending army officers on deputation.

Retired Major Yead Ali, formerly commanding officer of 21st Rifles Battalion, thinks there is another, darker, reason for the BDR soldiers to resent army officers. “Unfortunately, some jawans in the border areas become involved with smuggling rings,” he said. “Army officers are sent on deputation for relatively short periods of two to three years. It is difficult for the corrupt jawans to operate if the officer is honest. Sometimes they try to involve their officers.
But by the time that happens, it's time for the officer to go, and another one comes in his place.”
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Major Yead said part of the raison d'etre of a paramilitary force is to fight alongside the army in a war. “If the command structure is totally different, it becomes difficult to operate under a unified command when the need comes.”

Nayek Babul Mia of the 44th Rifles Battalion said although harsh punishment is often meted out for crimes, this would not lead to Jawans turning their guns on their superiors. “I have fought alongside officers on many border skirmishes with the Indian BSF. We support each other,” said Babul.

So if the rank-and-file Jawans were not that dissatisfied with their superiors, who started the killing spree? The evidence points to the existence of a hardcore element within the BDR headquarters on that fateful day.

This core group was intent on eliminating the officers. This group planned and carried out the murders. They then incited other jawans by a variety of techniques. A rumour was spread that the DG had shot a soldier in the Darbar hall. Others were told that the army was coming and if they did not take up arms they would be massacred. Still others were swayed by the inflammatory rhetoric against the alleged oppression of army men.

In the last few days, some suggestions have emerged that agents may have come in from outside to lead the mutiny. But BDR soldiers, speaking to the Star magazine, have debunked that theory. “The soldiers are used to obeying their own JCO (Junior Commissioned Officers) and NCO (Non commissioned Officers),” said Imamul Hossain of the 14th Rifles, who won a BDR Medal for bravery from the prime minister the previous day.

“They are not stupid enough to obey just anyone and start shooting.” Imamul said he was supposed to receive a cheque worth Tk 50000 from the DG during the Darbar, but fled when the firing started.

“I would have resisted if I could,” said Imamul. “But there were too many of them, and they were too organised. I received my medal for fighting off a BSF incursion in 2005 in which I saved many officers. I love my country. Why would I want to harm my superiors?” Imamul Hossain fled the Pilkhana, only to return after the fighting was over.

It is clear that whoever planned the mutiny knew the Pilkhana and the surrounding area intimately, and they knew how to incite the men. But if the issues of who and why are vexing enough, how the entire incident unfolded also raises many serious questions.

One crucial issue being hotly debated is the government response to the mutiny. Prime Minister Sheikh Hasina ordered the army to stand by while her government pursued a negotiated solution. The government, she said, opted for talks to save lives. While she has been lauded for solving the crisis “without expending a bullet”, questions have been asked as to whether the delay ultimately increased the death toll, and whether the general amnesty declared early on Wednesday was properly timed.

Could a rapid strike from the army have saved lives? Many military experts believe it could. “It would take APCs (armoured personnel careers) fifteen minutes to get from Jahangir Gate to the BDR HQ,” said Lt. General Mir Shawkat Ali. “The BDR men with their rifles wouldn't have been able to resist. I think they would turn tail.”

An officer of Military Intelligence said on condition of anonymity that RAB units in the area could have been used as a striking force while army reinforcements moved up. “It takes time for tanks to mobilize,” he said. “But RAB units are usually ready to move quickly.”

The sequence of events clearly demonstrates that both the government and the army were aware of the fatal attacks by 9.30 AM. Eye witness testimony said the DG Major General Shakil spoke to the Prime Minister by phone immediately after the first shots were fired outside the Darbar hall. The officers who fled the Darbar hall also contacted their superiors.

“I called my cousin Lt Col. Elahi Manzoor Chowdhury at 10.15 AM,” said Abdul Mugni Chowdhury who works at a university. “In a whisper, he said he was holed up in a bathroom with other officers. He said he had called the cantonment for help.”

By the time the order came to move troops, the rebels had dug in. By 11.30 they had taken women and children as hostage. The soldiers who had rushed out to surround the Pilkhana were told to await further orders. Government ministers and MPs arrived to begin negotiations, and helicopters dropped leaflets asking the rebels to surrender.

Eyewitnesses said the mutineers created smoke by setting fires. They also shot at anyone who tried to see into the Pilkhana. “I had no idea at the time that such a massacre was going on in such a beautiful place. We couldn't even hear the cries of the victims because of the continuous firing,” said Dr. Shamsun Nahar, an authoress who lives in a flat overlooking the Pilkhana.

The mutineers' attempts at concealment have left many observers perplexed. The rebels knew that the authorities had an accurate tally of how many officers were in the Pilkhana. They also knew that the officers who survived the first wave of shootings must have contacted their superiors by cell phone. So why did they try to hide what happened? The mass graves in themselves pose a vexing question. The rebels knew the murders would soon be discovered. Then why did they go to all the trouble of hiding the bodies?

The answer may lie in the killers' exit strategy. The rebels initially took control of the Rifles Square shopping mall, although they left in the evening. Why capture the shopping centre? Could it be because it had a birds' eye view of the Pilkhana? For two days the rebels claimed on TV that the DG and other officers were “in custody”. But they must have known both the government and the army were in possession of the real facts. So who were they trying to deceive? Could it have been the general public?

Nasir, a shopkeeper in the Azimpur area, said he had seen BDR jawans escaping. “Many locals actually helped them,” he said. “If we knew then what we know now, we would have caught them and handed them over to the authorities.”

The Pilkhana is surrounded by densely populated areas, and any exit plan would be heavily dependent on sympathy from the public. The rebels knew that if the atrocities became widely known, they would be mobbed as soon as they scaled the wall.

From the very first day, there was a conscious attempt to rally public support. Questions

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The army exercised restraint despite emotions running high.
have also been raised about some of the reporting by sections of the media on the first day of the mutiny. The rebellious jawans were given plenty of airtime, and many talk shows seemed to be taking the mutineer's words at face value.

In a hostage situation the spotlight is usually on the condition of the hostages, but in this case the talk seemed to be about how the BDR were oppressed. There was very little focus on the fate of the army officers and their families. Security experts have also raised serious concerns about the power cut which they say allowed thousands of BDR Jawans to escape.

Reports in the Daily Star quoting a mutineer said that the BDR jawans had printed leaflets headlined “Save BDR! Save the Country!” Yet no one knew about this. The intelligence failure is doubly shocking considering that the Prime Minister had been to the Pilkhana on Tuesday. This usually means a blaze of scrutiny from various agencies. At what level did the intelligence failure happen? Did the agencies fail to report anything, or were their warnings ignored?

It has been suggested that an outside group might have assisted in the massacre. Since this episode has seriously weakened both the army and the BDR -- tactically and strategically -- mutterings about a conspiracy cannot be ignored. But talk about an outside group should not distract from the failings within the BDR, the army, the intelligence community, and indeed, the administration. Blaming outside groups is an all too common phenomenon whenever something violent happens- be it student violence or garments workers running amok. It should not stand in the way of identifying weaknesses in our institutions.

The ringleaders of the mutiny had no problems getting a large number of BDR jawans to join them. Although bodies of slain BDR jawans proves that at least some soldiers died trying to resist the mutineers, most of the rank-and-file soldiers either fled or took up arms.

Any investigation into what certainly seems to be a conspiracy needs to dig deep and present us with the whole, unvarnished, truth. The nation stands united today. United in grief, united in seeking justice and united in trying to rebuild what we have lost.
Thirty-six Hours in Hell
Lt Col. Elahi Manzoor Chowdhury, Assistant Adjutant General at BDR Headquarters, is among the slain soldiers whose remains have not been identified. His wife Tanni Yafta Chowdhury has been combing the pilkhana and the hospitals for her husband's body. She spoke to her husband at 10.30 AM on the morning of the mutiny. Shortly afterwards, she herself was taken hostage. Tanni Chowdhury spoke to Syed Zain Al-Mahmood about her horrific nightmare.
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Late Lt Col. Elahi Manzoor Chowdhury with his family.
When did you first become aware of the mutiny? Can you describe that morning?
At around 9.15 AM I got a call on my cell phone. It was my husband. “There has been trouble, he said. The jawans are shooting. Close all doors and windows. Don't come out.” I was very frightened. By then I could hear gunfire. He called again a few minutes later. “A lot of officers have been killed. I am taking cover in the bathroom.” I started to call my relatives and my husband's colleagues. Help is coming, I was told. Every second seemed like an eternity.

Did you hear from him again?
Yes, he called at around 10.30 AM. He said, “They're coming. Amar jonno dua koro. Ar dekha hobe na.” Then the connection was lost. My husband was Asst. adjutant general -- he had nothing to do with the jawans. I hoped against hope that they would spare him. But that's was not to be.

Did you try to save him by calling for help?
I tried calling everyone I could think of. I was told that help was on its way. I kept praying for the sound of the army rolling in. But nothing happened. I don't understand why it would take so long for troops to get to the pilkhana from the cantonment? Does it take hours? You tell me?

What happened next?
Around 11.30 there was loud knocking on the door. I didn't want to open up, but they said they would shoot. I opened the door and four jawans came in with rifles at the ready. They pointed their weapons and asked for my husband. I said he was at the office. They took me and my children to the Quarter Guard where we were held with a number of other families.

Please describe how you were treated?
There were clearly two groups. One group had their faces uncovered, and treated us well. They gave us water when we asked for it. The other group came now and then. They covered their faces with red cloth and seemed very violent. They said things like, You've lived in air conditioning all your life. How does this feel?

What happened then?
I lost track of time. It was dark. At one point, the guards suddenly went out. I think it was after midnight. I heard voices. It was the Home Minister Sahara Khatun speaking. I couldn't clearly make out the words, but we were very hopeful. I heard the BDR jawans clapping. Then she asked them to hand in their weapons. “Apnara nij dayitte ostro joma diye den”. A few minutes later the guards came back and sat down facing us.

Were you hopeful that you would be rescued?
Very much so. She was right outside. One Bhabi had a 4 month old baby who was crying. Elderly people were coughing. We were sure she could hear us. But she never came in. I later heard she rescued two families from the residential quarters and went away.

When were you finally rescued?
It was in the afternoon of Thursday.

Please tell us your thoughts at this point.
Look, my husband was on three UN missions. Liberia, Kuwait and Ivory Coast. I used to be so afraid for him. But he came back unharmed. His country men did to him what foreign soldiers did not do.

I have only one wish now -- that we should know the truth. His killers should be punished.
Copyright (R) thedailystar.net 2009
http://archive.thedailystar.net/magazine/2009/03/01/cover.htm
 
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Why do military men in two neighboring countries resort to mutiny or coup ? They should have the same organizational & training that is imparted in Indian military which was inherited from british. Other than the size of country , rest of the characteristics (if we disregard religion) should be same.

Onetime might be anomaly but repetition shows some thing is seriously flawed. Giving death penalty is only for crime committed but does not mean it wont occur again.
 
Bangladesh HC upholds death for 139 BDR soldiers over carnage during 2009 mutiny
SAM Staff, November 28, 2017
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The Bangladesh High Court (HC) on November 27 upheld the death sentence of 139 people among 152 condemned convicts in the Pilkhana BDR mutiny case, reports UNB.

Among the 152 condemned convicts, one died, four were acquitted and the death sentence of eight commuted to life term imprisonment.

Besides, the HC upheld the life term imprisonment of 146 convicts, among 160, acquitted 12 while two others died.

Earlier in the morning, the court concluded its observations with a seven-point recommendation in the case.

Among 256 other convicts, who were sentenced to different terms of imprisonment by a lower court, 182 got 10 years jail, eight seven years jail, two 13 years jail and four three years jail while two died and 29 were acquitted. Twenty-eight convicts did not file appeal against the lower court order.

Besides, among the 69 who were acquitted by the lower court earlier, 31 got life-term imprisonment, four seven years jail and appeals against acquittal of others were rejected.

With the HC verdict, a total of 139 people received death sentence, 185 life imprisonment and 196 different terms of jail while 45 were acquitted from charges and six convicts have died.

Justice Md Nazrul Islam Talukder read out the verdict in the afternoon after a three-member bench of himself, Justice Md Shawkat Hossain and Justice Md Abu Zafor Siddique concluded their observations in this regard.

In its recommendation, the High Court said the ‘Operation Dal Bhat’, introduced by the caretaker government, was a wrong decision. It also asked the government not to take ‘Operation Dal Bhat’ like programme in the future.

It also asked Bangladesh Rifles (BDR), now Border Guard Bangladesh (BGB), to maintain professional relations between officers and soldiers as per the BGB Act.

The HC also asked the authorities concerned to form probe committees to investigate why intelligence agency of BDR (now BGB) failed to know beforehand about such a big mutiny.

It also asked the government to pay the dues to the ‘BDR’ officials sacked following the carnage.

Justice Siddique observed that a vested quarter had wanted to destroy a skilled and trained force through the Pilkhana BDR mutiny to destablise the country and jeopardise its economic and social security.

He also described the BDR mutiny as an unprecedented incident in the world history. Later, the court postponed the reading out of the verdict till Monday morning.

On April 3 last year, a three-member special HC bench, led by Justice Shawkat Hossain, kept the verdict pending as Curia Advisari Vult (CAV) after concluding the hearing on the appeals and the death reference.

A Dhaka court on November 5, 2013 sentenced 152 soldiers of the erstwhile Bangladesh Rifles and two civilians to death, and 161 others to life imprisonment for their involvement in the BDR mutiny.

A total of 257 appeals were filed with the High Court against the lower court verdict.

Seventy-four people, including 57 army officials, were killed in the BDR mutiny on February 25-26 in 2009 at the Pilkhana headquarters in Dhaka.

The paramilitary force was later renamed Border Guard Bangladesh (BGB).
SOURCE UNB
https://southasianmonitor.com/2017/...s-death-139-bdr-soldiers-carnage-2009-mutiny/
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12:00 AM, November 28, 2017 / LAST MODIFIED: 02:59 AM, November 28, 2017
Intelligence failure still puzzling
HC calls for probe
Shariful Islam
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The High Court yesterday asked Border Guard Bangladesh (BGB) to form a probe body to investigate why the intelligence unit of then BDR failed to detect the impending 2009 mutiny.

A three-member bench of the High Court while delivering the verdict on death references and appeals in the sensational BDR carnage case advised the authorities to make the probe report public as soon as possible.

The recommendation came around nine years after the gruesome carnage in the headquarters of the then Bangladesh Rifles (BDR) on February 25-26. A total of 74 people, including 57 high- and mid-ranking army officers, were killed.

Days before the mutiny and the carnage, the rebel BDR jawans had distributed leaflets inside and outside the Pilkhana headquarters in which they raised various demands.

As part of the conspiracy, they held several meetings before the mutiny and decided how they would loot the armouries.

But the Rifle Security Unit (RSU) of BDR members failed to alert the authorities.

It could not be known if there was any probe into the failure of the RSU, and if anyone got punishment.

Investigation into the intelligence failure is one of the seven recommendations made by the HC bench yesterday.

A lower court judge in his verdict in the same case four years ago had found many weaknesses in the intelligence wing of the border force.

He had observed that the RSU was undoubtedly weak. It could not predict how deep the conspiracy was and the intensity of it and that was why the intelligence wing ought to be strengthened, the judge said.

Following recommendations by different committees, the BGB restructured and strengthened its intelligence unit. It also implemented many other reforms based on the BGB Act, 2010.

The BGB now has a three-layer intelligence -- Border Security Bureau at HQ level, Region Intelligence Bureau at regional HQ level and another tyre at the battalion level.

The national enquiry formed with former secretary Anis-uz-Zaman as its chairman had also recommended reconstitution of BDR, redistribution of responsibility and duty of all intelligence agencies, and formation of a permanent Central Intelligence Coordination Committee (CICC) at the highest level.

It also suggested formation of counter intelligence forces for all intelligence agencies, including the RSU.

Talking to a number of police and intelligence agency officials it was learnt that no committee like the CICC had been formed.

Nur Mohammad, who was the inspector general of police during the mutiny in 2009, told The Daily Star yesterday that as far as he knew, there was no committee like the CICC.

The former police boss, however, said security coordination meeting are regularly held where forces share information.
http://www.thedailystar.net/frontpage/intelligence-failure-still-puzzling-1497355
 
12:00 AM, November 28, 2017 / LAST MODIFIED: 03:01 AM, November 28, 2017
Revisiting BDR Carnage: Shots ring out, hell descends
74 people including 57 ARMY officers were Brutally killed
Wasim Bin Habib
The Satmasjid Road at capital's Dhanmondi was buzzing with usual morning rush hour traffic around 9:00am on February 25, 2009. Shops were already busy handling customers; parents hurrying to schools to drop off their children and make it to their offices in time.
All of a sudden, a loud burst of gunfire in the Pilkhana headquarters of Bangladesh Rifles (BDR), later named as Border Guard Bangladesh (BGB), pierced through the hustle and bustle.

The gunshots baffled the neighbourhood. Initially, people thought some firing exercises were going on inside the BDR headquarters.

But the deep loud noise of weapons continued to echo. No one could imagine that a bloody mutiny brewed up in Pilkhana which would jolt the newly formed government.

Within hours, the area turned into a battlefield with the sound of frequent firing. Inside the BDR HQ, a group of heavily armed border troops indulged in an act of mindless violence.

The mutiny that rolled on for the next 30 hours left the nation benumbed, as people stood aghast at the extent of the barbarity perpetrated on the officers. It left 74 people dead, 57 of them were army officers. As things started to unfold, many theories popped up centring the mutiny.

Four years after the mindless killing that shook the nation to its core, a Dhaka court awarded death sentence to 150 BDR members and two civilians, and life imprisonment to 160 others for their roles and involvement in the carnage.

The court also handed down rigorous imprisonment to 256 people, mostly BDR soldiers. It acquitted the remaining 278 accused, but the government later appealed against the acquittal of 69 of them.

Yesterday, the High Court delivered the verdict on the death references and appeals in the sensational carnage case, upholding capital punishment of 139 out of the 152 convicts.

The court commuted the death sentences of eight to life-term imprisonment and acquitted four others. Another death row convict died earlier.

It also upheld the life imprisonments of 146 out of 160 people. Two of them have died while 12 others were acquitted.
THE MUTINY
The mutineers chose February 25, 2009, to revolt, as the day was scheduled for the yearly Darbar (assembly) of the force during the BDR week.

As the Darbar began around 9:00am and former director general of BGB Maj Gen Shakil Ahmed was addressing the gathering of officers and lower tier personnel, some rebellious jawans created a commotion pressing for some demands, including pay and benefits.

As the jawans kept on arguing, another group suddenly opened fire on the dais. The former DG was believed to been killed first.

The mutineers took many officers hostage and seized control of the headquarters within a few minutes, spraying bullets indiscriminately in the HQ compound. Thick plumes of smoke were billowing out of the headquarters.

The rumble of gunfire left the locals of neighbouring areas in panic. Army personnel reached the spot around 11:00am and took position at various points. Before them, members of the Rapid Action Battalion arrived at the scene.

Vehicular movement on nearby roads came to a halt. Shops and schools in the area were closed. As the day wore on, many families living around Pilkhana opted to flee their homes. Those living close by watched in horror as army personnel ringed the compound and their choppers hovered overhead. The entire capital was overcome by panic.

Around 12:30pm, State Minister for LGRD and Cooperatives Jahangir Kabir Nanak and Jatiya Sangsad Whip Mirza Azam arrived at the headquarters to hold talks with the mutineers.

The mutineers talked to reporters of various television channels and newspapers demanding an end to the army's control over the force. They demanded withdrawal of army personnel from areas around the headquarters and also talks with the prime minister and the home minister.

Around 2:00pm, Jahangir Kabir Nanak and Mirza Azam entered the headquarters with a white flag. The then home minister Sahara Khatun followed them.

Around 3:40pm, a team of mutineers reached the prime minister's then official residence Jamuna for talks and the premier announced amnesty for the rebel soldiers following the meeting.

The mutineers stopped firing around 7:30pm and many injured including women and children were allowed to leave the headquarters.

But around an hour later, the rebels started firing again near the gate-1. Additional army personnel were deployed. The mutineers put forward a condition of withdrawing the army personnel from Pilkhana by that night for laying down their arms.

Around 9:30pm, a team of four BDR members met Sahara Khatun, Jahangir Kabir Nanak, Mirza Azam and Fazle Noor Taposh at Ambala Inn on Dhanmondi Road-2. Eight more members joined the team within a few minutes for talks with the government representatives.

The army personnel started retreating from their positions at New Market, Nilkhet and Balaka around 10:40pm and the meeting between the rebels and the government representatives ended at 12:10am.

Taposh came up with an announcement that the rebel jawans agreed to lay down their arms within two hours.

Around 20 minutes later, Sahara Khatun again entered the border guards' headquarters.

Through intense negotiations, the government could rescue 29 army officers: two colonels, five lieutenant colonels, 21 majors and one captain. A combined force of Rab, police and army conducted an overnight search for the rebel soldiers who had fled the Pilkhana mutiny before daybreak.

The mutinous soldiers started turning in their arms to police in presence of Sahara Khatun around 2:30am. But, within a few minutes heavy gunshots were heard and the mutineers announced to fight back if attacked. A little later, Sahara urged the soldiers to surrender.

Elsewhere in the country, paramilitaries in some districts took position on the highways and roads, leaving a long stretch of border unprotected.

They came out of their camps and outposts in Chittagong, Rangpur, Chapainawabganj, Satkhira and Jessore to resist a possible military onslaught in reprisal for bloodshed at Pilkhana.

The next day around 2:00pm, Prime Minister Sheikh Hasina gave a televised speech and urged the mutineers to immediately lay down their arms and return to the barracks so that she was not compelled to use force to end the standoff.

Following her speech, a convoy of armoured personnel carriers and tanks from the army's 9 Division in Savar and 46 Brigade in Dhaka Cantonment went into Dhanmondi area.

The arrival of the army commandos had apparently intimidated the mutineers into hoisting a white flag on the main gate of their headquarters around 6:00pm. Many fled Pilkhana through its Azimpur and Hazaribagh gates.

With the surrender of the mutineers, police and the Armed Police Battalion took control of the headquarters and its armoury in an evening push. The army with around 20 tanks and APCs took position on Satmasjid Road near the Abahani playground.

The ordeal for more than 100 family members of BDR officers and jawans -- trapped inside or held hostage -- finally ended. They came out with tears in their eyes.

The following day was more shocking. Army and Rab rescuers found a mass grave inside the BDR headquarters and recovered bodies of officers and the DG of the paramilitary force. The sheer scale of the savagery as witnessed in the mass grave left the nation numb with grief.

Pilkhana looked like a battlefield as hundreds of thousands of bullet shells, several hundred pairs of boots and as many caps had littered the compound.

The government decided to form a special tribunal for trying those guilty of criminal acts during the mutiny.
http://www.thedailystar.net/frontpage/revisiting-bdr-carnage-shots-ring-out-hell-descends-1497364
12:00 AM, November 28, 2017 / LAST MODIFIED: 02:59 AM, November 28, 2017

Operation Dal-Bhat in spotlight

Staff Correspondent
Once again "Operation Dal-Bhat" came in the spotlight as the High Court in its verdict yesterday recommended prohibiting activities that belittle the pride and self-respect of the members of Border Guard Bangladesh (BGB).
Justice Md Nazrul Islam Talukder placed a seven-point recommendation while delivering the verdict.

The HC also recommended forbidding any activity or programme that “gradually degenerates” the soldierly attitude and behaviour of the BGB members.

Earlier, a lower court in its judgment had observed that the glorious history of the 218-year-old Bangladesh Rifles (BDR) was damaged by its involvement in a programme like “Operation Dal-Bhat” that left a serious impact on the goodwill, professionalism and honesty of the force.

The lower court had also observed that involving the BDR in controlling price hike of essentials was not fruitful due to the absence of a specific mechanism to that end and it had destroyed the moral fabric of the disciplined force and led to the 2009 mutiny.


The Dal-Bhat operation was introduced in 2007 when food prices were soaring. Under the programme, the force sold essentials to people at a reasonable price and kept the profit.

"By late 2008, most border guards started to believe that their bosses had deprived them of their right share of the profit. This resentment blended with their age-old discontent about being led by army officers on deputation."

A handful of hardcore mutineers cashed in on this pent-up resentment of the members of BDR, now renamed BGB, to stage the mutiny, said the court.

While delivering the verdict yesterday, the three-member special HC bench also called for investigating the failure of intelligence in the light of the Pilkhana carnage.

“This court strongly feels that the BGB authorities should make an inquiry into the matter by forming a probe committee as to why the Rifle Security Unit of BDR failed to provide necessary information of the BDR massacre in Pilkhana before commission of the same,” said the HC bench, asking to make the report public as early as possible.

“It is also the view of this court that the Ministry of Home Affairs and the BGB authorities should provide fast decision/reply to all problems of BGB members,” said Justice Md Nazrul Islam Talukder.

"This is also the view of this court that the BGB should mitigate all the grievances of BGB members, if any.

"The court is also of the view that the BDR authorities should make quick payment of TA and DA [Travelling Allowance and Dearness Allowance], if any, to the BGB members which are still pending.

"The court further expects that the BGB authorities would consider the leave of the BGB members which are due to them and solve all problems relating to leave and other matters," it added.
http://www.thedailystar.net/frontpage/operation-dal-bhat-comes-spotlight-1497358
 
BDR carnage case: Why was ex-Awami League leader Torab Ali spared?
Ashif Islam Shaon
Published at 09:26 PM November 28, 2017
Last updated at 11:23 PM November 28, 2017
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File photo of former Awami League leader Torab Ali Dhaka Tribune
Torab was among those handed life terms in the Pilkhana carnage trial
The High Court has acquitted the former ward-level leader of Dhaka City Awami League, Torab Ali, of conspiracy charges and commuted the death sentence of Zakir Hossain to life imprisonment over the Bangladesh Rifles (BDR) revolt in 2009.

Torab and former BNP lawmaker Nasiruddin Ahmed Pintu were among those handed life terms in the Pilkhana carnage trial, although Pintu died of cardiac arrest in prison in 2015.

Zakir Hossain is the son of former BDR member, Nayek Subedar Kanchan Ali.

The reasons behind Torab’s acquittal and commuting of Zakir’s punishment could not be known as the full text of the High Court’s verdict is yet to be published.

Deputy Attorney General KM Zahid Sarwar Kazal told the media that they were thinking of moving the Appellate Division of the Supreme Court against the Torab’s acquittal and Zakir’s life-term.

The trial court had convicted Torab for conspiracy based on his confessional statement, while also accusing investigators of bias for not recording witnesses accounts against Torab.

For Pintu, the trial court took two witness accounts into consideration.
Also Read- Pilkhana carnage: High Court upholds death for 139 out of 152
In its 2013 verdict, the trial court said that Torab Ali came to know about the mutiny conspiracy on the night of February 24, 2009 from Zakir Hossain, who operated the Prime Coaching Centre used by the BDR soldiers to publish their leaflets.

Despite this knowledge, Torab did not inform the law enforcers or the authorities concerned. Instead, the following day – the first day of the mutiny – he brought out processions at gates no 1 and 5 of the Pilkhana headquarters.

The marchers chanted slogans such as “BDR, Janata bhai bhai” (the BDR soldiers and the people are brothers).

The BDR men also held clandestine meetings at Torab’s residence. They also contacted Pintu, who organized the rebel soldiers to bring out processions inside the BDR headquarters before the mutiny began.

The High Court also commuted to life imprisonment the death sentences handed down to BDR’s MLSS Md Saif Uddin Miah, Sepoy Ramjan Ali, Lance Naik Md. Mozammel Haque, Nayek Subadar medical assistant Manuranjan Sarker, Nayek Md Ali Hossain, Sepoy Kamrul Hasan and Sepoy Md Selim.

It also acquitted four death row convicts: Havilder Md Khairul Alam, Nayek Subedar Md Ali, Havilder Md Belal Hossain Khan and Sepoy Md Mejbah Uddin.

Of the 160 life-term convicts, 12 were acquitted of the charges by the High Court.

A total of 225 of the 256 convicts who were given several years’ imprisonments, had filed review appeals with the High Court. Of them, two got 13 years, 182 got 10 years, eight got seven years and four got three years’ imprisonment.

The court acquitted 29 accused from this list, while six accused had died during trial.

The convictions ranging from three years to 10 years’ imprisonment awarded by the lower court stayed the same for 28 accused as they did not file any appeal with the HC.

As a result, among 846 accused, 288 were given acquittals.
http://www.dhakatribune.com/banglad...case-ex-awami-league-leader-torab-ali-spared/

 
November 28, 2017 8:45PM EST
Bangladesh: Mass Death Sentences Confirmed
Mutiny Trials Rife With Procedural Flaws, Torture Allegations
EXPAND

Members of the Bangladesh Rifles (BDR) are summoned for a hearing before a special court in Dhaka, July 12, 2010. © 2010 Reuters
(New York) – The Bangladesh government should agree to new trials meeting international standards for members of the former Bangladesh Rifles (BDR) accused of mutiny and murder, including 139 whose death sentences were upheld on November 27, 2017, by the High Court, Human Rights Watch said today. The court also upheld life sentences for another 146 people.

On February 25 and 26, 2009, members of the BDR mutinied against their commanding officers at the central Dhaka headquarters, killing 74 people, including 57 army officers. A number of women relatives of the officers were sexually assaulted. Human Rights Watch research has found that many of the accused were tortured in custody and most were denied access to proper representation.

“We have long said that the atrocities that took place during the mutiny need to be investigated and prosecuted, but this should not be done through unfair mass trials after the use of torture,” said Brad Adams, Asia director. “Particularly when the death penalty is involved, expediency cannot take priority over justice.”
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July 4, 2012 Report
“The Fear Never Leaves Me”
Torture, Custodial Deaths, and Unfair Trials after the 2009 Mutiny of the Bangladesh Rifles
Download the full report
Download the report in Bengali
The BDR mutiny took place soon after the new Awami League government led by Sheikh Hasina won elections in December 2008. Under great pressure from the army and amid fears of a coup, the government responded to the mutiny by rounding up nearly 6,000 members of the BDR. Many were tried in mass trials before closed military courts.
A separate civilian prosecution team chose to try nearly 850 members of the BDR in a single mass trial in one courtroom.

In July 2012, Human Rights Watch released a report, “‘The Fear Never Leaves Me’: Torture, Custodial Deaths, and Unfair Trials after the 2009 Mutiny of the Bangladesh Rifles,” which provided a detailed account of the mutiny and the authorities’ response.

Human Rights Watch documented serious abuses by the authorities in the aftermath, including at least 47 custodial deaths and widespread torture of BDR members by the Rapid Action Battalion (RAB) and other security forces. The government has claimed that all deaths in custody were due to natural causes.

Human Rights Watch documented how the mass trials of hundreds of the accused left most without adequate counsel, adequate time to prepare a defense, or notice of the charges or evidence against them. Crucially, many made confessions under torture. The chief prosecutor claimed that no confession obtained under duress would be used in court, but legal teams eventually assigned to some of the cases showed Human Rights Watch documentation demonstrating that coerced confessions had been used as evidence.
Particularly when the death penalty is involved, expediency cannot take priority over justice.
Brad Adams
Asia Director
“Families of those killed and injured in the mutiny need justice and closure, but the answer is not through flawed trials,” Adams said. “True justice comes only through sound procedures that comply with the rule of law, and the families of the victims deserve better answers than this mass roundup.”

The Bangladeshi authorities should establish an independent investigative and prosecutorial task force with sufficient expertise, authority, and resources to rigorously investigate allegations of human rights abuses after the mutiny. All those subject to unfair trials should be given a new trial.

The November 27 judgment was in response to an appeal of the trial judgment. As with those sentenced to death, the trials against the mutineers sentenced to life in prison were rife with due process concerns, including coerced confessions. Similarly, few of the accused sentenced to life in prison had access to lawyers or information about the case against them.

“The death penalty is a cruel and irreversible punishment that should never be used,” Adams said. “Bangladesh should join the international movement to abolish it, particularly in cases like these in which suspects were tortured, nearly 50 died in custody, and due process failed.”
https://www.hrw.org/news/2017/11/28/bangladesh-mass-death-sentences-confirmed
 

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