BanglaBhoot
RETIRED TTA
- Joined
- Apr 8, 2007
- Messages
- 8,839
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Col M Hanif (Retd)
Saturday, April 26, 2014 - To understand the question of atrocities alleged to be committed in the internal strife in the then East Pakistan in 1971 and Bangladesh (BD) Awami League (AL) government’s politics of recently held trials of alleged war criminals, it is necessary to review the nature of political conflict in 1971 in the then East Pakistan. Indian involvement in complicating the political scenario there which lead to Indian engineered separation struggle started by Awami League activists culminating into Indian attack on the then East Pakistan, in support of Indian trained Awami League separatists, which led to formation of Bangladesh. In Bangladesh, while AL activists continue to blame members of BD Jamaat-i-Islami (JI), Biharies, Bangladesh Nationalist Party (BNP) and Pakistan Army for committing atrocities and talk about conducting their trial, they do not want to try their own fellows who had committed countless atrocities on those Bengali people who were opposing separation from Pakistan.
India ultimately launched its military offensive in East Pakistan on November 20, 1971 in direct support of AL separatists. On December 1971 India succeeded in breaking up Pakistan by implementing Agartala conspiracy plan of 1963 and for various reasons Pakistan was not able to preserve its integrity. However, during nine months’ time, from March to December 1971, political situation in East Pakistan remained very contradictory and infighting between various Bengali groups continued, mainly among those favoring separation and others who were struggling to keep Pakistan united.
In nut shell, whatever killings, tortures, rapes and other human rights violations might have taken place in 1971, were mainly the doing of those Bengali groups involved in the conflict with major share going to Awami League activists who were blindly killing and torturing and insulting people to get their cooperation by creating fear of terror. As far as Pakistan Army is concerned, it was initially trying to restore law and order, later it was battling with Indian engineered guerilla war of Awami League separatists and then it fought war with India. In these operations it had no concern with the people not directly involved in the conflict. Moreover, according to traditions of Pakistan military, during internal security operations ordered by the government or even during war, it remains conscious of observance of human rights by not harming civilians or innocent people. It also makes serious efforts to avoid collateral damage.
The successive governments in Bangladesh since 1972 had remained silent on trial of persons suspected of committing crimes and atrocities in 1971 internal strife mainly because of achieving sustainable internal peace through national reconciliation. However the trial process was started in 2009/2010 by the Awami League government, led by Sheikh Hasina Wajid, daughter of late Sheikh Mujeeb, by forming International Crimes Tribunals in the light of Bangladesh International War Crimes Act 1973. From 2010 to 2014 International War Crimes Tribunals I and II conducted the trials and recently awarded severe punishments mainly to top six leaders of Bangladesh Jamaat-i-Islami since this party was not in favour of separation of the then East Pakistan.
While announcing verdicts the tribunals declared that three million people were killed and 200,000 women raped in 1971 although the tribunals did not mention about any concrete evidence. The majority of commentators have termed these figures to be highly exaggerated and politically motivated since these are not supported by some credible survey and evidence. These figures are given by Awami League government based on mere here says and news from print media. In their 1990 book titled “War and Secession: Pakistan, India and the Creation of Bangladesh”, Richard Sisson and Leo E Rose wrote that it remained impossible to obtain reliable estimates of how many ‘liberation fighters’ were killed in combat, how many Bihari (non-Bengali) Muslims and supporters of Pakistan were killed by Bengali Muslims, and how many people were killed by Pakistani, Indian or AL guerillas units (Mukhti Bahainis) fire and bombing during the war. In this case the only credible source would have been the population census conducted before 1971 and after the war which Bangladesh did not do.
Tensions spilled over in Bangladesh after verdicts were issued for QaderMulla and 73-year-old Jamaat Vice-President Delwar Hossain Sayedee, a prominent preacher sentenced to death for crimes against humanity on 28 February 2014. After the Sayedee judgment, clashes between Jamaat supporters, BNP and police rippled across the country. BNP thinks that hastening of trials in 2013 before general elections was meant to mislead BD youth to get votes and victimize political opponents. BNP has alleged that the accused were not given the right of a fair trial. The fair trial is being denied to the accused by AL government by amending rules and making International Crimes Tribunal Act 1973 too biased. Khaleda Zia, BNP Chairperson has gone so far as to publicly reject the legitimacy of tribunals. The institutional design of the tribunals itself creates much suspicion: the International Bar Association, the European and Human Rights Watch, whilst welcoming the tribunal, have expressed serious reservations about the rules governing the proceedings: hearsay and newspaper evidence is admissible, the appointment of judges cannot be challenged for bias and nor can the accused petition the Supreme Court to review the constitutionality of the tribunal. Initiation of trials after 40 years is otherwise not credible because available evidence could have been destroyed by the concerned parties. Moreover, the evidence could have gone distorted in the memory of available witnesses.
Now, some Awami League leaders are also talking about initiation of trial of some former members of Pakistan Army in absentia, who had performed internal security duties in East Pakistan in 1971 and are alleged to have committed atrocities. In this context AL is also using some smaller political parties for registering a case in the International Crimes Court of Justice in Geneva. These acts of AL government, not supported by main political parties of BD, are efforts to breed internal strife in BD rather than reconciling with the past and working for bright future of the country. This also indicates that the AL government is not serious in building Bangladesh-Pakistan friendship.
The demand of some AL leaders for trial of alleged former members of Pakistan Army makes it quite evident that this is being done on the direction of India since that country wants to tarnish Pakistan’s and its Army’s international image. Moreover, India would never like that Pakistan and Bangladesh should have friendly relations. It also wants tense relations between AL and BNP since in times of BNP governments in Bangladesh Pakistan-Bangladesh relations have been good. Otherwise, it is crystal clear that in the light of 1974 tripartite agreement signed by Pakistan, Bangladesh and India it was mutually agreed that in future, Bangladesh will not raise the issue of trial of former members of Pakistan Army which was deployed in East Pakistan in 1971. India also wants that Bangladesh governments should remain pliable due to their mutual political tensions.
—The writer works for Islamabad Policy Research Institute (IPRI), Islamabad.
Sham trials in Bangladesh
Saturday, April 26, 2014 - To understand the question of atrocities alleged to be committed in the internal strife in the then East Pakistan in 1971 and Bangladesh (BD) Awami League (AL) government’s politics of recently held trials of alleged war criminals, it is necessary to review the nature of political conflict in 1971 in the then East Pakistan. Indian involvement in complicating the political scenario there which lead to Indian engineered separation struggle started by Awami League activists culminating into Indian attack on the then East Pakistan, in support of Indian trained Awami League separatists, which led to formation of Bangladesh. In Bangladesh, while AL activists continue to blame members of BD Jamaat-i-Islami (JI), Biharies, Bangladesh Nationalist Party (BNP) and Pakistan Army for committing atrocities and talk about conducting their trial, they do not want to try their own fellows who had committed countless atrocities on those Bengali people who were opposing separation from Pakistan.
India ultimately launched its military offensive in East Pakistan on November 20, 1971 in direct support of AL separatists. On December 1971 India succeeded in breaking up Pakistan by implementing Agartala conspiracy plan of 1963 and for various reasons Pakistan was not able to preserve its integrity. However, during nine months’ time, from March to December 1971, political situation in East Pakistan remained very contradictory and infighting between various Bengali groups continued, mainly among those favoring separation and others who were struggling to keep Pakistan united.
In nut shell, whatever killings, tortures, rapes and other human rights violations might have taken place in 1971, were mainly the doing of those Bengali groups involved in the conflict with major share going to Awami League activists who were blindly killing and torturing and insulting people to get their cooperation by creating fear of terror. As far as Pakistan Army is concerned, it was initially trying to restore law and order, later it was battling with Indian engineered guerilla war of Awami League separatists and then it fought war with India. In these operations it had no concern with the people not directly involved in the conflict. Moreover, according to traditions of Pakistan military, during internal security operations ordered by the government or even during war, it remains conscious of observance of human rights by not harming civilians or innocent people. It also makes serious efforts to avoid collateral damage.
The successive governments in Bangladesh since 1972 had remained silent on trial of persons suspected of committing crimes and atrocities in 1971 internal strife mainly because of achieving sustainable internal peace through national reconciliation. However the trial process was started in 2009/2010 by the Awami League government, led by Sheikh Hasina Wajid, daughter of late Sheikh Mujeeb, by forming International Crimes Tribunals in the light of Bangladesh International War Crimes Act 1973. From 2010 to 2014 International War Crimes Tribunals I and II conducted the trials and recently awarded severe punishments mainly to top six leaders of Bangladesh Jamaat-i-Islami since this party was not in favour of separation of the then East Pakistan.
While announcing verdicts the tribunals declared that three million people were killed and 200,000 women raped in 1971 although the tribunals did not mention about any concrete evidence. The majority of commentators have termed these figures to be highly exaggerated and politically motivated since these are not supported by some credible survey and evidence. These figures are given by Awami League government based on mere here says and news from print media. In their 1990 book titled “War and Secession: Pakistan, India and the Creation of Bangladesh”, Richard Sisson and Leo E Rose wrote that it remained impossible to obtain reliable estimates of how many ‘liberation fighters’ were killed in combat, how many Bihari (non-Bengali) Muslims and supporters of Pakistan were killed by Bengali Muslims, and how many people were killed by Pakistani, Indian or AL guerillas units (Mukhti Bahainis) fire and bombing during the war. In this case the only credible source would have been the population census conducted before 1971 and after the war which Bangladesh did not do.
Tensions spilled over in Bangladesh after verdicts were issued for QaderMulla and 73-year-old Jamaat Vice-President Delwar Hossain Sayedee, a prominent preacher sentenced to death for crimes against humanity on 28 February 2014. After the Sayedee judgment, clashes between Jamaat supporters, BNP and police rippled across the country. BNP thinks that hastening of trials in 2013 before general elections was meant to mislead BD youth to get votes and victimize political opponents. BNP has alleged that the accused were not given the right of a fair trial. The fair trial is being denied to the accused by AL government by amending rules and making International Crimes Tribunal Act 1973 too biased. Khaleda Zia, BNP Chairperson has gone so far as to publicly reject the legitimacy of tribunals. The institutional design of the tribunals itself creates much suspicion: the International Bar Association, the European and Human Rights Watch, whilst welcoming the tribunal, have expressed serious reservations about the rules governing the proceedings: hearsay and newspaper evidence is admissible, the appointment of judges cannot be challenged for bias and nor can the accused petition the Supreme Court to review the constitutionality of the tribunal. Initiation of trials after 40 years is otherwise not credible because available evidence could have been destroyed by the concerned parties. Moreover, the evidence could have gone distorted in the memory of available witnesses.
Now, some Awami League leaders are also talking about initiation of trial of some former members of Pakistan Army in absentia, who had performed internal security duties in East Pakistan in 1971 and are alleged to have committed atrocities. In this context AL is also using some smaller political parties for registering a case in the International Crimes Court of Justice in Geneva. These acts of AL government, not supported by main political parties of BD, are efforts to breed internal strife in BD rather than reconciling with the past and working for bright future of the country. This also indicates that the AL government is not serious in building Bangladesh-Pakistan friendship.
The demand of some AL leaders for trial of alleged former members of Pakistan Army makes it quite evident that this is being done on the direction of India since that country wants to tarnish Pakistan’s and its Army’s international image. Moreover, India would never like that Pakistan and Bangladesh should have friendly relations. It also wants tense relations between AL and BNP since in times of BNP governments in Bangladesh Pakistan-Bangladesh relations have been good. Otherwise, it is crystal clear that in the light of 1974 tripartite agreement signed by Pakistan, Bangladesh and India it was mutually agreed that in future, Bangladesh will not raise the issue of trial of former members of Pakistan Army which was deployed in East Pakistan in 1971. India also wants that Bangladesh governments should remain pliable due to their mutual political tensions.
—The writer works for Islamabad Policy Research Institute (IPRI), Islamabad.
Sham trials in Bangladesh
