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2009-2013: A Black Regime of Brutal Oppression on Jamaat and Shibir in Bangladesh

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    2009-2013: A Regime of Brutal

    Oppression on Jamaat and Shibir

    2009-2013: A Black Regime of Brutal

    Oppression on Jamaat and Shibir inBan ladesh

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    Table of Contents

    Executive Summary...................................................................................................................... 5

    Introduction................................................................................................................................... 6

    War Crime Trial: A Program for Judicial Killings................................................................... 7Skype-gate Scandal ................................................................................................................... 10

    Unjustifiable Demands of Shahbagh ........................................................................................ 12

    Prime Ministers Comment on Trial .......................................................................................... 13

    Post-Trial Amendment of Law ................................................................................................. 15

    Abduction of Defence Witness ................................................................................................. 17

    Hanging of Quader Molla.......................................................................................................... 19

    Attacks on Political Activities.................................................................................................... 22

    Cancellation of Registration of Jamaat ......................................................................................... 22

    Arrest from Independence Day Rally ........................................................................................... 25

    Attack on Jamaat Program in Comilla .......................................................................................... 26

    Attack of 19 September ................................................................................................................ 27

    Police Attack in Hospital! ......................................................................................................... 28

    Countrywide Mass-Arrest ......................................................................................................... 28

    Police Attacks and Arrests ........................................................................................................ 28

    Ruling Party Attacks ................................................................................................................. 31

    6 February 2013: Violence in Hartal ............................................................................................ 33

    Attacks on Jamaat-Shibir Offices ................................................................................................. 34

    Police Attack in Dhaka ................................................................................................................. 35

    Police Attack in Sylhet.................................................................................................................. 37

    Police Attack in Bogra .................................................................................................................. 38

    Shibir: Victim of Campus Violence........................................................................................... 38

    BCL Violence in Islamic University............................................................................................. 38BCL-men Shoot on Shibir in Daylight ..................................................................................... 42

    Arrests and Torture.................................................................................................................... 42

    Top Jamaat Leaders Arrested ........................................................................................................ 42

    ATM Azharul Islam and Tasnim Alam .................................................................................... 44

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    Professor Mujibur Rahman ....................................................................................................... 44

    AKM Nazir Ahmad and Hamidur Rahman Azad ..................................................................... 45

    Principal Izzat Ullah ................................................................................................................. 46

    Dr. Abdullah M Taher............................................................................................................... 47

    Arrest of Rafiqul Islam ............................................................................................................. 48

    Sting Operation & Torture on Students ........................................................................................ 50

    Delawar Hossain: A Popular Young Leader Made Half Paralyzed .............................................. 51

    6 Shibir Activist Arrested ............................................................................................................. 53

    Arrest of 20 Female Activists of Jamaat ....................................................................................... 54

    Arrest of RU Shibir Secretary ....................................................................................................... 55

    Killings......................................................................................................................................... 56

    RU Shibir Secretary Nomani Killed by BCL ............................................................................... 56

    3 Shibir Activists Killed in 2010 .................................................................................................. 57

    Hafizur Rahman Shahin ............................................................................................................ 58

    Mohiuddin Masum .................................................................................................................... 60

    Harunur Rashid Kaisar .............................................................................................................. 62

    Two Jamaat Activist Killed .......................................................................................................... 64

    Killing of Abdullah Al Monju ...................................................................................................... 65

    Killing of Masud Bin Habib and Mujahidul Islam ....................................................................... 66Shibir-man killed in Dinajpur ....................................................................................................... 66

    Shibir-man killed in Police Custody ............................................................................................. 67

    Jamaat Leader killed by Police-fire .............................................................................................. 67

    Shibir Leader killed in Crossfire at Rajshahi............................................................................. 67

    Murder and Attack on Shibir during General Strike ..................................................................... 68

    Killing of Mujahid .................................................................................................................... 68

    The Mirpur Attack .................................................................................................................... 69

    Police Killing after Quader Molla Judgment ................................................................................ 72

    5 February: 4 Killed in Chittagong ........................................................................................... 72

    15 February: 4 Killed ................................................................................................................ 74

    16 February: 1 Killed in Sylhet ................................................................................................. 76

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    18 February: 1 Killed in Comilla .............................................................................................. 76

    23 February: 2 Killed in Pabna ................................................................................................. 77

    Mass Murder after Sayedee Judgement ........................................................................................ 77

    28 February Countrywide Violence .......................................................................................... 77

    Thakurgoan: 7 Killed ................................................................................................................ 78

    Noakhali: 4 Killed ..................................................................................................................... 78

    Satkhira: 12 Killed .................................................................................................................... 79

    Rangpur: 7 Killed ...................................................................................................................... 79

    Natore: 1 Killed......................................................................................................................... 81

    Chapainawabganj: 2 Killed ....................................................................................................... 82

    Chittagong: 2 Killed .................................................................................................................. 82

    Moulvibazar: 1 Killed ............................................................................................................... 82

    Dinajpur: 1 Killed ..................................................................................................................... 83

    Killings after Molla Execution...................................................................................................... 85

    Enforced Disappearances........................................................................................................... 90

    Jamaat Leader Missing in Rajshahi .......................................................................................... 91

    Disappearance of Al Mukaddas ................................................................................................ 91

    Recommendations....................................................................................................................... 92

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    2009-2013: A Regime of Brutal Oppression on Jamaat and Shibir

    Executive Summary

    Bangladesh Jamaat-e-Islami and Bangladesh Islami Chhatra Shibir have been victims of brutal

    suppression throughout the five year tenure (2009-2013) of the current Awami League led

    government. Trigger happy police as well as ruling party men have killed hundreds of Jamaat-

    Shibir activists. Thousands of activists of Jamaat-e-Islami and Islami Chhatra Shibir were

    arrested without credible charges during the period. The judiciary and the administration were

    nakedly used to persecute people belonging to these organisations.

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    Introduction

    Bangladesh Jamaat-e-Islami (BJI) is a political party aiming to establish a just society1 as

    enunciated in Islam through democratic process2. On the other hand, Bangladesh Islami Chhatra

    Shibir (BICS), established in 1977, is one of the largest student organizations of the country. It

    shares the same democratic Islamist ideology as Jamaat. Bangladesh Jamaat-e-Islami is one of

    two main Bangladeshi opposition parties and a constant thorn in the side of the ruling Awami

    League. Jamaat enjoys considerable support throughout Bangladesh.3The party was originally

    established in undivided British India in 1941. Arguably the largest Islamist organisation in the

    sub-continent, Jamaat, started its journey on Aug 26, 1941 under the leadership of Syed Abul

    Ala Moududi with the name Jamaat-e-Islami Hind. After the partition of India in 1947, its

    greater stream moved to Pakistan. It was briefly banned in Pakistan in 1964 for opposing the

    Muslim Family Act. In 1976, the ban was lifted and Bangladesh Jamaat-e-Islami started its

    activities as a new party and participated in all democratic movements along with other parties. It

    has been participating in local and national elections ever since and secured membership

    positions in every Parliament.

    Since the beginning of this government in 2009, Bangladesh Jamaat-e-Islami and Bangladesh

    Islami Chhatra Shibir have been facing violent and fatal attacks from the ruling party and state

    agencies. The human rights of the members of these two organisations have been consistently

    denied. The administration was very open and brutal in the suppression of BJI and BICS.

    1Section 3(4) of the Charter of Jamaat. See

    http://www.jamaat-e-islami.org/en/articlepdf/108_Jamaat%20Constitution-2008.pdf2Sections 3(3) 6(4) and 4(3) of the Charter of Jamaat.

    3http://edition.cnn.com/2013/08/01/world/asia/bangladesh-islamist-verdict

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    Many activists of Jamaat and Shibir have been heinous victim of the envy of ruling Govt. They

    have been victims of brutal attack of police and ruthless suppressing behavior of law-enforcing

    agencies. Repeated attacks, tortures in custody, filing malicious cases and attacking opposition

    leaders with little credible charge are some of the most serious allegations brought against the

    current government. In the last 5 years, the series of violations of human rights committed

    against BJI and Shibir have reached to an alarming level.

    Leaders of Jamaat were either murdered, or put to death sentence in name of trial where no

    judicial guarantees were ensured. Arrested leaders were subject to inhuman tortures, making

    them unable to move their body parts. Many leaders of Jamaat and Shibir were abducted by plain

    clothed people and remain missing ever since. This report focuses on some of the major

    instances of oppression and violations of human rights committed against Jamaat and Shibir

    during the period between 2009 and 2013.

    War Crimes Trial: A Program for Judicial Killings

    After coming to the power in 2008 with the help of the army backed caretaker government,

    Awami League leaders started to propagate that they will prosecute Jamaat leaders for war

    crimes committed in 1971. Before even forming the tribunal and appointing the investigators and

    prosecutors, the Awami League leaders publicly declared all top Jamaat-e-Islami leaders in the

    list of war criminals.The government on March 25 formed the tribunal, prosecution panel and

    the investigation agency to try war crimes committed during the 1971 War of Independence. In a

    20-minute hearing on 19 July 2010, the International Crimes Tribunal issued arrest warrants

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    against Jamaat-e-Islami top leaders, including BJI chief Motiur Rahman Nizami, its Secretary

    General Ali Ahsan Mohammad Mujahid and executive member Allama Delawar Hossain

    Sayedee.

    Previously on 29th June 2010, the Police had already arrested Jamaat-e-Islami Ameer (Chief)

    Motiur Rahman Nizami, its Secretary General Ali Ahsan Mohammad Mujahid, and Nayebe

    Ameer (Deputy Chief) Maulana Delawar Hossain Sayedee on charges of hurting Muslim

    religious sentiments (CR 1012/12).4 Jaamat Secretary General Ali Ahsan Mujahid and Nayebe

    Ameer (Vice-President) Maolana Delwar Hossian Sayedee alleged that they were tortured

    continuously for nine days during remand period and could not take rest due to the police-torture

    in custody.5

    Formar Ameer of BJI Professor Golam Azam (89) was arrested on 11 January 2012 on charges

    of alleged war crime. In compliance with the ICTs direction, Azam appeared before the tribunal

    and prayed for bail on medical and humanitarian grounds. His bailed petition was rejected

    without considering his age and poor health condition.

    6

    The International Crimes Tribunal (ICT)

    rejected the bail petition and ordered him to be sent to jail on charges of involvement in crimes

    against humanity during the 1971 Liberation War.

    4The case is a vexatious one which should have been out rightly stricken out or summarily rejected. It was alleged

    in the case that Mr. Rafiqul Islam Khan (Rafiq) compared Nizami with the Prophet (SAW) which Nizami, Sayeedy

    and Mujahid applauded and appreciated. h5The Daily Nayadiganta, 11/07/2010

    6http://theindependentbd.com/paper-edition/frontpage/129-frontpage/89392-golam-azam-arrested-sent-to-

    jail.html

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    The present trial of war crime has been criticised by various institutions as biased and targeted to

    have political vengeance rather than securing justice. All the witnesses so far produced before

    the tribunal has made incredible and contradictory statements against the accused leaders of BJI.7

    The government had promised to meet international standards in these trials, but it has been far

    away from meeting this commitment. Unfortunately the present trial of war crime has been

    severely criticised by various institutions as biased and targeted to have political vengeance

    rather than securing justice.

    The law governing this trial is very controversial and it fails to meet internationally recognised

    norms of human rights and procedural fairness.8 International community has also been vocal

    about the political nature of the trial resulting in serious bias against the defence, including

    admitting witness statement without producing them for cross-examination, not taking any action

    against the perjury of the prosecution, abducting defence witnesses from the tribunal gate,9

    harassment of the defence counsels,10

    and consistent denial of almost every defence application

    by the tribunal.

    Among the other concerns regarding fairness of these trials are secret collusion a judge with

    outsiders, the courts compulsive judgment of death sentence amid pressure created by protesters

    and the Prime Minister and the unprecedented application of retroactive criminal law in order to

    increase punishment of an accused.

    7See more: http://bangladeshwarcrimes.blogspot.com/

    8http://www.hrw.org/news/2011/07/11/bangladesh-guarantee-fair-trials-independence-era-crimes

    9http://www.hrw.org/news/2012/11/13/bangladesh-investigate-alleged-abduction-war-crimes-witness

    10http://www.hrw.org/news/2012/10/17/bangladesh-end-harassment-war-crimes-defense-counsel

    http://www.hrw.org/news/2012/11/13/bangladesh-investigate-alleged-abduction-war-crimes-witnesshttp://www.hrw.org/news/2012/11/13/bangladesh-investigate-alleged-abduction-war-crimes-witnesshttp://www.hrw.org/news/2012/11/13/bangladesh-investigate-alleged-abduction-war-crimes-witnesshttp://www.hrw.org/news/2012/11/13/bangladesh-investigate-alleged-abduction-war-crimes-witness
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    Skype-gate Scandal

    The Chairman of the International Crimes Tribunal would regularly talk over internet with a

    Brussels based lawyers with matters relating to the trial. The conversations were published in

    various media including the London based the Economist. The communications reveal a secret

    collusion taking place between private individuals and the former Chair of this Tribunal, Justice

    Nizamul Hoque Nasim. The files show how Hoque Nasim was bypassing due process and the

    rule of law by colluding with Ahmed Ziauddin based in Brussels and Rayhan Rashid in

    Oxford. Many court documents including the final formal charge and draft judgement of Sayedee

    case were prepared by Ziauddin and the former tribunal chairman did not perform his judicial

    work independently. On 11 December 2012 the Judge in question resigned amid controversy,11

    but on 2 January 2013, the International Crimes Tribunal 1 has rejected all the defence

    applications for the retrial of the cases.12

    During the trial, the Chairman of the Tribunal Justice Nizamul Haq had been discussing the

    matters of the trial with Ahmed Ziauddin, a lawyer of Bangladeshi origins based in Belgium by

    emails and online conversations using Skype. The conversations have raised serious concerns of

    a miscarriage of justice affecting the individual defendants and flawed process of the tribunal. 17

    hours of recorded conversations and over 230 e-mails between the two men eventually got

    leaked in the internet13

    which cast serious allegation regarding the court proceedings and his role

    as a judge.

    11http://www.thedailystar.net/newDesign/news-details.php?nid=260836

    12http://www.thedailystar.net/newDesign/news-details.php?nid=263749

    13See www.bdictunveiled.com

    http://www.thedailystar.net/newDesign/news-details.php?nid=260836http://www.thedailystar.net/newDesign/news-details.php?nid=260836http://www.thedailystar.net/newDesign/news-details.php?nid=260836http://www.thedailystar.net/newDesign/news-details.php?nid=263749http://www.thedailystar.net/newDesign/news-details.php?nid=263749http://www.thedailystar.net/newDesign/news-details.php?nid=263749http://www.thedailystar.net/newDesign/news-details.php?nid=263749http://www.thedailystar.net/newDesign/news-details.php?nid=260836
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    The communications show Justice Nasim worked improperly with Mr. Ahmed, who has been co-

    operating with the prosecution also. And in Mr Sayeedis case it points to the possibility that,

    even before the court had finished hearing testimony from the defence witnesses, Mr Nizamul

    was already expecting a guilty verdict.14

    The Tribunal was not free and independence from the executive branch of the state which

    violates the principle of separation of power. One of the conversations suggests the tribunal came

    under political pressure to speed proceedings up, even though Bangladesh guarantees the

    independence of the judiciary. In a conversation of October 14th, between Mr Nizamul and

    Ahmed Ziauddin, the judge refers to the government as absolutely crazy for a judgment. The

    government has gone totally mad. They have gone completely mad, I am telling you. They want a

    judgment by 16th December...its as simple as that.15

    On November 8th 2011 Mr. Ziauddin e-mailed Mr Nizamul a list of matters raised by a defence

    petition that the judge recuse himself from the trial. The first five items on the list are materials

    and documents that, the e-mail says, were to be supplied to Mr Nizamul by Zead-al-Malum, one

    of the top prosecutors at the tribunal.16

    This showed that, the prosecutor is being asked to help by

    someone who is also advising the judge.

    14http://www.economist.com/news/briefing/21568349-week-chairman-bangladeshs-international-crimes-

    tribunal-resigned-we-explain15

    http://www.economist.com/news/briefing/21568349-week-chairman-bangladeshs-international-crimes-

    tribunal-resigned-we-explain?zid=306&ah=1b164dbd43b0cb27ba0d4c3b12a5e22716

    http://www.economist.com/news/briefing/21568349-week-chairman-bangladeshs-international-crimes-

    tribunal-resigned-we-explain?zid=306&ah=1b164dbd43b0cb27ba0d4c3b12a5e227

    http://www.economist.com/news/briefing/21568349-week-chairman-bangladeshs-international-crimes-tribunal-resigned-we-explain?zid=306&ah=1b164dbd43b0cb27ba0d4c3b12a5e227http://www.economist.com/news/briefing/21568349-week-chairman-bangladeshs-international-crimes-tribunal-resigned-we-explain?zid=306&ah=1b164dbd43b0cb27ba0d4c3b12a5e227http://www.economist.com/news/briefing/21568349-week-chairman-bangladeshs-international-crimes-tribunal-resigned-we-explain?zid=306&ah=1b164dbd43b0cb27ba0d4c3b12a5e227http://www.economist.com/news/briefing/21568349-week-chairman-bangladeshs-international-crimes-tribunal-resigned-we-explain?zid=306&ah=1b164dbd43b0cb27ba0d4c3b12a5e227http://www.economist.com/news/briefing/21568349-week-chairman-bangladeshs-international-crimes-tribunal-resigned-we-explain?zid=306&ah=1b164dbd43b0cb27ba0d4c3b12a5e227http://www.economist.com/news/briefing/21568349-week-chairman-bangladeshs-international-crimes-tribunal-resigned-we-explain?zid=306&ah=1b164dbd43b0cb27ba0d4c3b12a5e227
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    International Crimes Tribunal Judges were not in a position to exercise judicial power

    independently according to dictates of law and justice. As the conversation shows, a new judge

    Mr. Jahangir was told only to say yes to whatever the Chaiman says in the court.

    Nasim: No, there will be no problem. Because he (Mr. Jahangir) has been told, whatever

    the Chairman says, you just say Yes.17

    Unjustifiable Demands of Shahbagh

    On February 5, 2013, after the International Crimes Tribunal sentenced Abdul Quader Mollah to

    life, a sit in movement in Shahbagh began on that day demanding capital punishment for Abdul

    Quader Mollah and other leaders of Jamaat-e-Islami for alleged crimes against humanity during

    the 1971 Bangladesh Liberation War. The protesters called the sentence too lenient, so they

    started protests and demonstrations and demanded the death penalty for Mollah as the only

    acceptable punishment. Later the demands widened to ban the Bangladesh Jamaat-e-Islami party

    and other religious based parties from politics. Members of the ruling party led by Dr. Imran H

    Sarkar joined the protest and took control of it.

    Shahbagh protesters demanded the death penalty for all accused in ICT regardless the merit of

    cases. This put the Tribunal under a great pressure. The Shahbagh leaders vowed to ensure the

    death penalty of detained Jamaat leaders, banning religion based politics, forfeiting the

    citizenship of Jamaat supporters and boycotting institutions and press that belong to the

    opposition.

    18

    17www.dailysangram.com/news_details.php?news_id=103812

    18http://www.thedailystar.net/newDesign/news-details.php?nid=268449

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    It is the right of every accused person that they should be tried according to the law and the

    evidence presented before the court. Only the punishment determined by dictates of justice based

    on proven facts can be imposed on a convicted person. But the Shahbagh movement

    unjustifiably demanded death penalty for all accused persons irrespective of merit of the cases.

    The demand is a direct threat to the independence of judiciary as it puts the judges under a great

    pressure to deliver the judgment acceptable to protesting mobs.

    The Shahbaghs call to ban Jamaats politics and to cancel the citizenship of its members violates

    the basic human rights and peoples constitutional freedom to be member of any political party.

    The demand to cancel citizenship is outrageous to the dignity of people of Bangladesh whose

    right to citizenship is recognised in every human rights instrument.

    The Shahbag movements call caused agitation throughout the country. Various demands of the

    Shahbag were met by the govt in the following days. Death sentence was pronounced in the

    subsequent cases of ICT. Editor of Amar Desh Mr. Mahmudur Rahman was arrested. Diganta

    Television was shut down by govt. Activists of Jamaat and Shibir become subjects of violent

    attack resulting in the deaths of more than 150 people and injury of thousands.

    Prime Ministers Comment on Trial

    On 11 February 2013, Prime Minister Sheikh Hasina urged the International Crimes Tribunal to

    take into consideration the demands of people19

    instead of just law and facts. She said in a point

    of order speech delivered in Parliament that her govt were in complete agreement with the

    Shahbagh movement, and that the judges should deliver judgement according to the demand of

    19http://www.mzamin.com/details.php?nid=NDIyMTk=&ty=MA==&s=MTg=&c=MQ==

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    the Shahbagh protesters. She further said that every word of the vows taken by Shahbagh

    protesters were reasonable and her govt would do everything necessary to implement their

    vows. Sheikh Hasina said that all members of Parliament were agreed to the memorandum

    delivered by Shahbagh leaders. Other MPs also agreed to the demand that the right to do politics

    should be taken away from Jamaat and Shibir.20

    Government-supported protests and the comments of the prime minister and other government

    and Awami League officials affected the possibility of fair trials in the Tribunals. Judges were

    afraid to give any sentence other than the death penalty in the subsequent cases. The government

    pressure on the court previously revealed the Skype conversations became stronger after the

    Prime Ministers statement. Her endorsement of the unjustifiable demands of Shahbagh mob had

    put the Tribunals in an insurmountable pressure to which the judges were compelled to yield.

    On February 27, 2013 the tribunal convicted Delwar Hossain Sayeedi for 8 out of 20 charges of

    war crimes and sentenced him to death despite widespread criticism about the biased process and

    political nature of the case. Later on May 9, Jamaat leader Qamaruzzaman was also sentenced to

    death by the Tribunal in another weak case. It was obvious that the demand of Shahbagh

    protesters and Awami League leaders have left the judges with little choice other than judgments

    of death penalty. Right groups such as Human Rights Watch have confirmed that some defense

    witnesses have decided not to appear in court, fearing reprisals after the Shahbagh protest.21

    20http://www.mzamin.com/details.php?nid=NDIyMTk=&ty=MA==&s=MTg=&c=MQ==

    21http://www.hrw.org/news/2013/02/14/bangladesh-post-trial-amendments-taint-war-crimes-process

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    Post-Trial Amendment of Law

    In the second verdict, announced on February 5, the ICT convicted Quader Mollah, a leading

    member of Jamaat, on five out of six counts and sentenced him to life in prison. He was

    acquitted on one count of murder. Government officials, members of the ruling Awami League

    party, and Shahbagh protesters reacted with outrage that Mollah was not sentenced to death. But

    under section 21 of the International Crimes (Tribunal) Act 1973, the prosecution can appeal

    against an acquittal order, not against a sentence. So the govt could not apply for a death

    sentence of Quader Mollah under existing law.

    The government responded to the mob demands by proposing amendments to the ICT law,

    allowing the prosecution to appeal the sentence, and decreasing the time for an appeal to be

    completed. On February 14, the draft amendment was offered in parliament and was approved on

    February 17. Until this verdict, the prosecution was only allowed to appeal if the accused was

    acquitted, and 90 days were allowed for appeals.

    Section 21 was substituted by section 3 of the International Crimes (Tribunals) (Amendment)

    Act, 2013 (Act No. III of 2013) and the new section is amended as follows:

    21. (1) A person convicted of any crime specified in section 3 and sentenced by a

    Tribunal may appeal, as of right, to the Appellate Division of the Supreme Court of

    Bangladesh against such conviction and sentence.22

    The amendment, though passed on 17thFebruary 2013, was given effect from 14thJuly, 2009, the

    day the trials of war crime had begun. So it is a retrospective criminal legislation specifically

    22http://bdlaws.minlaw.gov.bd/print_sections.php?id=435&vol=&sections_id=12497

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    made in order to meet the illegal demands of the Shahbagh protesters for death sentence of

    Quader Mollah.

    The government has preferred an appeal to the Appellate Division of Supreme Court of

    Bangladesh against acquittal of Quader Mollah in relation to one offense; and sentences of

    imprisonment in relation to five offences for which Mollah was convicted. On the other hand, an

    appeal from Quader Mollah has sought an acquittal on all charges. During the appeal, the

    Appellate Division has asked the prosecution to present a single precedent in the whole world

    where changed law was made applicable to an accused after the passing of the sentence. The

    prosecution could not come up with a single precedent or authority in reply to this query of the

    court, yet they kept claiming that the amended article was applicable to Quader Mollah. Justice

    Abdul Owahab Mia pointed out that it is mentioned in the section that the trial of proceeding is

    going on. This is the most important and serious. It is proved that it is not applicable for Abdul

    Quader Mullah.23

    The amended article goes against the spirit of the constitution of Bangladesh. Under the

    constitution of Bangladesh, it is illegal to punish a person under any retroactive law. Article 35

    (1) of the Constitution states that: no person shall be convicted of any offence except for violation

    of a law in force at the time of the commission of the act charged as an offence, nor be subjected

    to a penalty greater than, or different from, that which might have been inflicted under the law in

    force at the time of the commission of the offence.24

    23http://www.jamaat-e-islami.org/en/newsdetails.php?nid=OTIx

    24Article 35, Constitution of Bangladesh,

    http://bdlaws.minlaw.gov.bd/sections_detail.php?id=367&sections_id=24583

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    The retroactive legislation that violates fair trial standards undermines the legitimacy of the work

    of Bangladeshs International Crimes Tribunal (ICT). The amendments were offered to enable an

    appeals court to overturn a life sentence imposed on Abdul Qader Mollah and impose the death

    penalty amid demands of supporters of the ruling party.

    International organisations have been vocal about the violation of human rights caused by

    imposing retroactive criminal law Quader Mollah. Human Rights Watch has said in a statement

    that a government supposedly guided by the rule of law cannot simply pass retroactive laws to

    overrule court decisions when it doesnt like them. The Bangladesh government should pause,

    take a deep breath, and repeal the proposed amendments, which make a mockery of the trial

    process. Instead of explaining to the public that the separation of powers and the rule of law

    mean accepting the decision of the courts, the government has now directly intervened in the trial

    process, Adams said. Convictions of those responsible for the 1971 atrocities is important for

    the country, but not at the expense of the principles that make Bangladesh a democracy.25

    Abduction of Defence Witness

    The Bangladesh International Crimes Tribunal (ICT) has again been at the centre of scandal

    following the abduction of a defence witness by plain-clothes policemen on 5 November 2012.26

    Shukho Ranjan Bali had been in the car of senior defence counsel, Mizanul Islam, along with

    other members of the defence counsel en route to the ICT on November 5th to testify for the

    accused Allama Delwar Hossain Sayedee. At the entrance of the tribunal, the car was stopped

    and uniformed police informed those inside that they had instructions to only admit designated

    25Ibid.

    26http://www.opendemocracy.net/opensecurity/mahin-khan/from-transitional-justice-mechanism-to-

    monumental-revenge-bangladesh-interna

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    defence lawyers. Meanwhile, men in plain clothes approached the car and abducted Bali, amidst

    protests from Islam and others, while the uniformed policemen merely looked on unperturbed

    and unmoved by calls for aid. The plain clothes men identified themselves as members of the

    Detective Branch and proceeded to bundle away the distressed Bali into a van of Bangladeshs

    infamous Rapid Action Battalion (RAB), a body condemned by Human Rights Watch for extra-

    judicial killings and torture.27

    In response to Balis abduction, chief defence counsel, Barrister Abdur Razzaq, petitioned the

    tribunal to address the issue and take due measures, particularly given the likelihood of the

    prosecuting bodys complicity in theabduction. Bali had initially been enlisted as a prosecution

    witness who failed to appear in court, and the prosecution had presented what they stated was a

    written testimony from him in absentia. Soon after, however, Bali appeared in the media stating

    Idid not want to give any false witness. Just I have to tell the truth what I know. Thereafter he

    decided to become a witness for the defence, the second such witness to do so.

    Rather than immediately ordering an impartial investigation, the court asked the prosecution

    itself to look into the allegations and later accepted its statement that the event was entirely false.

    At this, the defence counsel boycotted the tribunal for a day in protest. In response, the Tribunal

    held the defence in contempt of court, barring the entry of defence counsel, Tajul Islam, into

    court until November 22. Mizanul Islam also attempted to file a complaint with the relevant

    police agency, Shahbagh Police Station, but the branch refused to file the complaint or give an

    explanation for their refusal. Meanwhile, the prosecution has accused the defence of propaganda,

    paradoxically claiming Mr Bali is hiding due to intimidation from the defence counsel. None of

    27http://bangladeshwarcrimes.blogspot.com/2012/11/abduction-of-defense-witness-outside.html

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    the many who witnessed the abductionfrom the police to the lawyers and driver have been

    questioned. Amidst the furore, and largely ignored by the Bangladeshi media, the chairman of

    the ICT, Justice Nizamul Huq, made the incredible declaration that no member of the ICT

    defence counsel will be permitted to see their clients, the accused, anymore.28

    Hanging of Quader Molla

    Abdul Quader Molla, a top leader of opposition Islamist party Bangladesh Jamaat-e-Islami, was

    hanged by the Awami League led government on 12 December 2013 at 10.01 pm at Dhaka

    Central Jail.

    29

    The execution took place despite objections made by the United Nations

    30

    , United

    Kingdom31

    , Turkey, Australia, European Union32

    and other Human rights organizations like

    Human Rights Watch, Amnesty International etc.

    Abdul Quader Molla Assistant secretary-general of the Bangladesh

    Jamaat-e-Islami.

    Former executive editor of The DailySangram,

    Former teacher of Rifles Public School andCollege, Udayan High School, Manarat

    International School etc.33

    28

    http://www.opendemocracy.net/opensecurity/mahin-khan/from-transitional-justice-mechanism-to-monumental-revenge-bangladesh-interna29

    http://www.bbc.co.uk/news/world-asia-2535603430

    http://www.dhakatribune.com/foreign-affairs/2013/dec/12/int%E2%80%99l-community-opposes-

    molla%E2%80%99s-execution31

    http://newagebd.com/detail.php?date=2013-12-11&nid=76332#.UqrsYCdYU1t32

    http://newagebd.com/detail.php?date=2013-12-11&nid=76332#.UqrsYCdYU1t33

    http://www.amardeshonline.com/pages/printnews/2013/02/06/186543

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    The hanging was in execution of a death sentence given by the Appellate Division of the

    Supreme Court in a trial that has failed to maintain minimum level of fairness. The Supreme

    Court judgment was incompatible with international principles of fair trial and human rights. The

    Appellate Division of the Supreme Court increased his sentence from life imprisonment to death

    following an appeal by the government against a judgment of the International Crimes Tribunal-

    2.

    Shortly before Mr. Molla was hanged, his eldest son, Hasan Jamil, said his father's execution was

    a "political killing." The Jamaat-e-Islami said in a statement the government had "murdered Mr.

    Abdul Quader Molla in a preplanned way, ignoring pleas from the international community and

    human rights organizations." The statement called on Jamaat supporters to exercise restraint.34

    The judgments of both the trial and appellate have found the accused guilty based on

    uncorroborated hearsay evidence and contradictory testimony. The defences pleas of alibi and

    other application was unreasonably rejected showing a clear bias against the accused. The

    Tribunal repeatedly deviated from recognized judicial norms and principles of fair trial in order

    to reach a verdict of conviction by any means.

    On 5 February, the International Crimes Tribunal convicted Molla on five counts of crimes

    against humanity involving offences during the 1971 war of independence sentencing him to life

    imprisonment. It also acquitted him on one other count. Following large protests in the Shahbagh

    area of Dhaka demanding that Molla receive the death penalty, the government changed the law,

    allowing the prosecution to appeal against the sentences of life imprisonment.

    34 http://online.wsj.com/news/articles/SB10001424052702303932504579253740672780748

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    On 17 September 2013, the appellate division, in a majority judgment, dismissed the appeals

    made by Quader Mollas lawyers confirming the convictions on five counts, reversing the verdict

    of acquittal on one count, and handing down the death sentence on one count concerning his

    involvement in the massacre of a family. The court upheld unanimously that his acquittal on

    charge no 4 should be reversed and should stand as a conviction, and most significantly that, by a

    majority, the sentence on charge no 6 (the murder of a family), should be changed from life

    imprisonment to a death penalty.

    International rights activists have expressed their concerns about the Supreme Courts ruling and

    the apparent relentless effort by the government to ensure that Mollah is dead.35 The entire

    process suffers from a number of anomalies which renders the execution incompatible with

    internationally recognised norms of human rights and fair trial guarantees.

    Mr. Molla was hanged despite the flimsiness of the evidence on the charge which he has been

    sentenced to death and the fact that the tribunal simply did not allow him to put forward his

    defence.

    Quader Molla was put to death relying on the contradictory statement of a witness, giving

    evidence in court 42 years after the event stating that Molla was present, who had previously

    given two statements - one to a 1971 museum and another to the investigation officer - neither of

    which stated that Molla was present at the scene. One of the statements even reveals that she was

    not present at the time of the incident. For the whole of the last 43 years since the incident on 26

    35 http://www.amnesty.org/en/for-media/press-releases/bangladesh-death-sentence-without-right-judicial-appeal-

    defies-human-rights

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    March 1971, Momena never told anybody that Quader Molla had been present at the time of her

    family's murder. The courts both tribunal and appellate division did not take into

    consideration any of these previous statements which do obviously raise issues about the

    credibility of the witness.

    Attacks on Political Activities

    Democratic practices was in serious jeopardy during the time and the political parties were

    generally not allowed to hold any peaceful protest or procession against the tyrannical behavior

    of the Govt. The Govt. has filled up the jails with political prisoners. The jails are already

    holding 3 times more than their capacities, leading to unrest among the detainees. The prisoners

    include central leaders of BNP and Jamaat-E-Islami and activists numbering to more than

    50,000. Almost each and every program of the opposition was obstructed with law-enforcing

    agencies and the activists or participants of those programs were maltreated by serious brutality.

    Some instances are below-

    Cancellation of Registration of Jamaat

    Bangladesh Jamaat-e-Islami has always been holding a key position in the process forming of

    government after the elections. In 1991 and 1996 respectively, BNP and Awami League

    managed to form government by securing the support of Jamaat. The alliance of Jamaat and BNP

    in 2001 election resulted in a landslide victory of BNP against Awami League. After the defeat

    in 5 city elections of 2013, Awami League anticipated the same effect in the coming elections as

    well and was desperate to prevent that from happening.

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    The government backed Shahbag movement which was initiated earlier this year has been

    consistently demanding a ban on Bangladesh Jamaat-e-Islami. Various top leaders of the ruling

    party have also voiced the same demand and it has become clear that Awami League is

    determined to eliminate its rival Jamaat from the political scenario using the state power.

    Subsequently in 1 August 2013, the High Court Division cancelled the registration of Jamaat

    debarring its participation in elections. Awami League has termed the verdict as a success in its

    effort against Jamaat and declared that the judgment is the first step in the process of eliminating

    Jamaat from politics. The use of the judiciary to prevent political opponents from democratic

    process is a matter of great concern for the advancement of rule of law in Bangladesh.

    In 2008, during the military-backed caretaker government, the EC made it mandatory for

    political parties to register if they wanted to contest polls. Jamaat, a key ally of the BNP,

    registered with alongside 37 other parties.

    Some people including Bangladesh Tariqat Federations Secretary General Syed Rezaul Haque

    Chandpuri, Jaker Partys Secretary General Munshi Abdul Latif and Sammilita Islami Jotes

    President Ziaul Hasan moved the court challenging Jamaats registration in January the

    following year. A Sufi group, which practises Islamic mysticism, filed the public interest

    litigation in January 2009 seeking to scrap Jamaat's registration. Pro Awami League protesters

    have been demanding that Jamaat be banned for its role in the 1971 war of independence, during

    which it opposed Bangladesh's breakaway from Pakistan.36

    36http://www.dailynayadiganta.com/welcome/post/9745#.Ug8qQz8ipH0

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    Arrest from Independence Day Rally

    On 26th

    March 2011, the Independence Day of Bangladesh, members of Bangladesh Islami

    Chhatra Shibir gathered in Kakrail nightingale intersection of the capital for joining the colorful

    rally arranged as a part of their

    countrywide programs to

    celebrate the glorious day of

    national independence. But

    suddenly the police attacked

    the peaceful gathering of the

    students and used stick and tear

    cells on them. Many students

    were injured by this unexpected assault without any fault on their part.40

    But soon the activists of

    Shibir reorganized themselves to continue with their scheduled program of Independence Day.

    Thousands of Shibir activists started the procession with banners and national flags at 9 pm. The

    festive rally passed along Kakrail and then they gathered at Shantinagar where student leaders

    addressed the members of Shibir.41

    But as soon as the speech of Shibir President Fakhruddin Manik finished, a team of police led by

    OC (operation) of Ramna PS Shibli Noman attacked the gatherings of students once again from

    behind without any inducement.42

    This time police was more violent and fired rounds of tear cell

    and rubber bullets on the students. The police also beat everyone in the spot indiscriminately

    40http://www.dailysangram.com/print.php?news_id=50667

    41http://theindependentbd.com/paper-edition/frontpage/129-frontpage/41281-17-shibir-men-held-in-

    capital.html42

    http://www.dailysangram.com/print.php?news_id=50667

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    with sticks and kicked them to disperse the assembly. Panicked students and passersby started to

    run in different directions and many took shelter in various shops. But police entered even there

    and kept beating the activists of Shibir mercilessly. Journalists and Passersby were not spared by

    the police of torture.43

    Soon more two platoons of riot police joined the attack on Shibir members. They searched every

    shop from Shantinagar to Shantibag looking for Shibir activists.44

    More than hundred activists of

    Shibir were severely injured by this sudden attack and they were admitted into different

    hospitals. Police arrested 17 persons including 16 members of Bangladesh Islami Chhatra Shibir

    who were injured by the attack on the charges of vandalism and restraining the police from

    duty.45

    Police also seized 4 motorbikes from the rally.

    Attack on Jamaat Program in Comilla

    On 22nd

    November 2011, Police unnecessarily attacked on a reception program organized by

    Jamaat-e-Islamiat Chouddagram upazilaof Comilla.46

    The reception was arranged for the party

    men who were recently released from prison. Initially Police tried to close the program which led

    to some scuffles and caused injuries to 5 activists of Jamaat. Though Police did not arrest

    anyone from the spot, but later on they arrested Mr. Zakir Hossain Patwary, a Jamaatactivist

    from his office.

    43http://www.amardeshonline.com/pages/details/2011/03/27/74138

    44http://www.dailysangram.com/print.php?news_id=50667

    45http://www.thedailystar.net/newDesign/print_news.php?nid=179294

    46The Daily Sangram - 23

    rdNovember, 2011; Also in Daily Naya Diganta of the same date.

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    Attack of 19 September47

    Leaders and activists of Jamaat took to the streets on 19 September in protest against the

    conspiracy to try Jamaat leaders on false charges by using a black law and demanding their

    release. But police was ready with necessary arms to vandalize the program. Jamaat claimed that

    at least 700 leaders and activists were injured and 400 were arrested across the country. Dhaka

    Metropolitan Police admitted that they had arrested 75 persons during clashes with Jamaat

    activists in Dhaka city.

    A large number of police and members of Armed Police Battalion with water cannons and

    armoured carriers were deployed at different places ahead of the scheduled demonstrations in

    Dhaka. The capitals Kakrail, Paltan, Bijaynagar, Shantinagar and Malibagh areas turned into

    battlefields during the clashes that left around 100 people, including 30 police personnel injured.

    Police fired five hundred shots, mostly rubber bullets, and tear gas to disperse the demonstrators.

    Witnesses said police had charged batons and fired a barrage of tear gas shells to disperse

    hundreds of Jamaat activists who gathered at the Diploma Engineers Institute at Nightingale

    crossing at Kakrail to march towards Paltan. But police swung into action and tried to disperse

    them by using batons. Soon the clashes spread out to Paltan, Bijaynagar, Fakirerpool and

    Malibagh areas.

    After being attacked by police, activists of Jamaat and Islami Chhatra Shibir (student wing of

    Jamaat) with mass-people confronted the police with simple sticks and hurled stones during the

    nearly two-hour clashes.

    47http://newagebd.com/newspaper1/frontpage/33934.html

    http://newagebd.com/newspaper1/frontpage/33934.htmlhttp://newagebd.com/newspaper1/frontpage/33934.htmlhttp://newagebd.com/newspaper1/frontpage/33934.htmlhttp://newagebd.com/newspaper1/frontpage/33934.html
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    Police Attack in Hospital!

    After 6 pm, Police appeared in Islami Bank Hospital where many injured activists of Jamaat-

    Shibir were hospitalized for treatment. Police launched sudden attack on the injured people and

    arrested them dragging forcefully. At this time, police made an attack upon the security guards of

    the hospital. A doctor of this hospital named Hafizur Rahman who was then on duty was also

    attacked and later arrested by Police. Nurse hostel of this hospital was also searched by police.

    Making brutal attack upon hospitalized patient is unprecedented in the history of Bangladesh.48

    Countrywide Mass-Arrest

    Not only in capital Dhaka, but also in various towns and cities of the country police launched

    mass arrest and repressive action against the leaders and activists of Jamaat while they were

    trying to hold procession in support of their urge. Police arrested 26 leaders and activists from

    Kushtia,49

    3 from Barishal,50

    10 from Comilla,51

    25 from Chittagong52

    and 5 from Kurigram.53

    Police Attacks and Arrests

    About 400 leaders and activists of Jamaat and Shibir had been arrested at places across the

    country on 3 and 4 December during hartal. One Shibir worker was killed and hundreds of

    activists were injured in attacks of Police and ruling party members.54

    Deputy Commissioner

    48http://www.dailysangram.com/news_details.php?news_id=64012

    49http://www.dailysangram.com/news_details.php?news_id=64062

    50http://www.dailysangram.com/news_details.php?news_id=64061

    51http://www.dailysangram.com/news_details.php?news_id=64052

    52http://www.dailysangram.com/news_details.php?news_id=64049

    53http://www.dailysangram.com/news_details.php?news_id=64068

    54http://www.newagebd.com/detail.php?date=2012-12-05&nid=32361#.UL9wtS70DSs

    http://www.dailysangram.com/news_details.php?news_id=64012http://www.dailysangram.com/news_details.php?news_id=64062http://www.dailysangram.com/news_details.php?news_id=64061http://www.dailysangram.com/news_details.php?news_id=64052http://www.dailysangram.com/news_details.php?news_id=64049http://www.dailysangram.com/news_details.php?news_id=64068http://www.dailysangram.com/news_details.php?news_id=64068http://www.dailysangram.com/news_details.php?news_id=64068http://www.dailysangram.com/news_details.php?news_id=64049http://www.dailysangram.com/news_details.php?news_id=64052http://www.dailysangram.com/news_details.php?news_id=64061http://www.dailysangram.com/news_details.php?news_id=64062http://www.dailysangram.com/news_details.php?news_id=64012
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    Dhaka Metropolitan Police (DMP)'s told that as many as 69 Jamaat activists were arrested only

    from Dhaka city and remad was sought for 36 of them in the CMM court.55

    In Khilgaon of Dhaka, police fired bullets at a procession of supporters of Hartal. The witnesses

    said that in the morning the Jamaat and Shibir Activists took out a peaceful procession near

    Khilgaon flyover. The police prevented the rally and attacked the activists. Five people were hit

    by police bullets and two of them were injured in their head.

    In the Ansar Camp area of Mirpur a pro hartal procession was attacked by police at 10 am.

    Police has shot tear shells at them and charged with sticks on the Jamaat and Shibir activists.

    Police attacked a pro-hartal rally in Shahjahanpur of the capital and tortured on the participants

    of the rally and arrested several of them. Two severely injured Shoaib (23) and Mostafizur

    Rahman (20) were taken to Dhaka Medical College Hospital. 69 leaders and activists of Jamaat

    and Shibir were arrested from Dhaka city including Motijhil thana president of Jamaat Kamal

    Hossain.56

    The police arrested 27 pickets at places in the Khulna city during the strike. In Barisal 15 pickets

    were arrested. In Chittagong 13 Jamaat and Shibir activists were arrested. Reports from

    Brahmanbaria said that police arrested one Jamaat activist at the place and five others at Kasba.

    In Dinajpur, police picked up five Jamaat and Shibir activists at Pirganj. In Pabna, police arrested

    25 activists.

    55http://www.prothom-alo.com/detail/date/2012-12-05/news/310801

    56http://www.dailynayadiganta.com/new/?p=56330

    http://www.dailynayadiganta.com/new/?p=56330http://www.dailynayadiganta.com/new/?p=56330
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    In Bogra, the police attacked on Jamaat and Shibir activists at Fatkir Bridge at Shajahanpur in

    the morning. At one point, the police fired shotguns to disperse them and arrested one at the spot.

    The police arrested nine other Jamaat and Shibir activists at places in the district.

    A professor of Islamic Studies in Jirabo Dewan Idris Degree College Mr. Mohiuddin was

    arrested from his home at 3 am in the morning on 4 December. Police told that he was arrested

    due to his involvement with the politics of Jamaat-e-Islami.

    In Kishorganj, police arrested Jamaat leader and general secretary of Labour Welfare Federation

    Sirajul Islam Dulal (50) from 32 Nurani Road and Shibir activist Md. Masum from Nogua

    Bottola area. At 3 am in the morning, police went to the home of Jamaat Upazila ameer Lokman

    to arrest him. Police vandalised the home when they found that Mr. Lokman was not in home.57

    In Habiganj, the district president of Jamaat Maolana Mokhlesur Rahman and 5 other activists

    were arrested from Vadoi area. Three other Shibir activists were arrested from Madhabpur area.

    Two Jamaat leaders were arrested in Doulatpur of Kustia district wiouthout any charge even

    before the Hartal hours. OC Jahir Hossain of Doulatpur Police told that they were arrested on the

    suspicion that they may be involved subversive activities in the strike that would start within a

    few hours.58

    In South Surma of Sylhet, a Shibir worker Jahangir was critically injured by police bullet. He

    was sent to Dhaka for further treatment the same day. Other injured are Mahmudur Rahman,

    Jamil, Roni and Sumon. In Bishwanath, two Shibir activists were punished by mobile courts

    after an instant hearing without giving them an opportunity to present evidence or resort to legal

    57http://www.mzamin.com/archive_details.php?nid=MzMxNDk=&ty=MA==&s=MTg=&c=MQ==&seco=MjAxMnwxMnw1fDA=

    58http://www.mzamin.com/archive_details.php?nid=MzMxNDk=&ty=MA==&s=MTg=&c=MQ==&seco=MjAxMnwxMnw1fDA=

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    representation. Police arrested Faruq

    Mia and Jaber Hossain from Kaliganj

    and Rampasha area and brought them

    to the mobile court . The court run by

    executive officials sentenced them to

    10 days imprisonment and monetary

    fine.59

    Ruling Party Attacks

    Ruling party activists brought out procession in the Dhaka and chased the hartal activists. At

    some places hartal activists were beaten seriously and handed over to police. Police in

    association with local Awami League leaders and activists attacked pickets, admitted Abdul Latif

    Sheikh, officer-in-charge of Pallabi Police Station.60

    Ruling party men caught six BJI activists at Sabujbagh area near Khilgaon Flyover in the

    afternoon and beat up Mostafizur and Md Shohaid mercilessly before handing them over to

    police. The injured were rushed to Dhaka Medical College Hospital (DMCH) around 1:30pm.

    At 9 am the activist of Bangladesh Jamaat-e-Islam and Bangladesh Islami Chhatra Shibir started

    a rally in support of Hartal from Jatrabari of Dhaka. The police stopped the rally and started to

    59http://www.mzamin.com/archive_details.php?nid=MzMxNDk=&ty=MA==&s=MTg=&c=MQ==&seco=MjAxMnwxMnw1fDA=

    60http://thenewnationbd.com/newsdetails.aspx?newsid=59383

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    beat the activists. At one stage members of Awami Leage and Juba League joined the poice in

    the attack and injured 25 people. Police arrested 5 pro-strike activists from the place. Ten BJI

    activists were injured in a joint attack carried by the police and the Chatra League at Tongi in

    Gazipur. The police arrested one person at Board Bazar.

    In Sonadanga of Jessore, several Juba League leaders vandalised many vehicles at 10 am. 29 no.

    ward convenor of the Awami Leagues Youth front Chanchal along with another leader went to

    KDA Avenue of the city and started vandalising vehicles. One easy bike driver was grievously

    injured in the head. Police and members of RAB-6 came and arrested them thinking that they

    were Shibir activists. When it was found that

    they belonged to the ruling party, the police

    released them immediately. It is thought that

    these vandalisms were carried out to blame the

    pro-strike activists of Jamaat and Shibir.61

    In Mogbazar of Dhaka, Juba League and

    Chhatra League members attacked and

    vandalised a hospital. They attacked Insaf

    Baraka hospital in Tajuddin Avenue while shouting slogans Joy Bangla.The incident took place

    in front of policemen but they did nothing to prevent this attack. The ruling party members

    alleged that the officials of the hospital belong to Jamaat and Shibir.62

    61http://www.mzamin.com/archive_details.php?nid=MzMwNzU=&ty=MA==&s=MjA=&c=MQ==&seco=MjAxMnwxMnw1fDA=

    62http://www.dailysangram.com/news_details.php?news_id=103081

    The bullet wound reflects the brutality committed against

    the Jamaat and Shibir activists.

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    In Kulaura of Moulvibazar, members of Awami League, Juba League and BCL took out an anti

    hartal procession and suddenly attacked Muslim Aid Hospital which is thought to be financed by

    Jamaat and Shibir. 5 patients who came for treatment were severely injured in this attack.

    Hospital official Belal Ahmad told that the attack was carried out suddenly without any previous

    sign and many hospital equipments worth 5,00,000 taka were destroyed in this attack.63

    In Jessore, Chhatra League members chased and attacked Shibir activists while picketing in

    support of strike. BCL members beat former district president of Shibir Abdullah Al Mamun and

    handed over to police. Police arrested 10 other pro-hartal activists from the town. In Mirersorai

    of Chittagong, Chhatra League members injured at least 5 activists and Jamaat and Shibir. They

    tortured them severely and handed them over to police.

    6 February 2013: Violence in Hartal

    On the Hartal called by Jamaat-e-Islami on 6 February 2013, police shots bullets at protesters,

    attacked with sticks, tear shells, arrested and tortured the Jamaat and Shibir activists. In

    narayanganj, police shooting at a procession left five severely injured. Police shot the Shibir

    activists aiming at their legs.

    In Khulna, police opened fire at a rally of Shibir without provocation and injured 15 of the

    demonstrators. At least 35 rounds of bullets were shot by the police at the activists of Shibir.

    After that police conducted a combing operation and arrested 5 Shibir activists.

    63http://www.mzamin.com/archive_details.php?nid=MzMxNDk=&ty=MA==&s=MTg=&c=MQ==&seco=MjAxMnwxMnw1fDA=

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    25 picketers were arrested by police in Dhaka metropolitan area. More than 120 Jamaat

    supporters were shot by police and 400 were otherwise injured by the ruling party members and

    police attacks.64

    In Thakurgaon, Awami League and its allied organizations vandalized and looted offices of

    Shibir on 6 February. At 10.30 pm, the Nekmard unit office of Shibir was attacked by a group of

    BCL members led by Ranishonkail upazila president of BCL Shahidul Haq.65

    In Ullapara of sirajganj district, police opened fire at a rally of Hartal supporters. Two members

    of Shibir named Munnu and Ruhullah were shot and another 5 were injured in this attack.

    Attacks on Jamaat-Shibir Offices

    Case - 1

    Police attacked on the Dhaka City office of Jamaat and forced the office bearers and secretaries

    to leave.66

    Police had done this for consecutive four days, but did not admit that for a single time.

    Secretary of Dhaka City Jamaat Hamidur Rahman Azad MP complained that, Police also

    compelled him to leave the office showing very rude attitude. Though about 20-25 Police

    including D.B was running the operation, Officials of the Local Police stations (Paltan Thana &

    Motijheel Thana) denied the fact.

    64http://www.amardeshonline.com/pages/printnews/2013/02/07/186662

    65http://www.amardeshonline.com/pages/printnews/2013/02/07/186662

    66The Daily Prothom Alo - 25

    thNovember, 2011

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    Case - 2

    Police run an operation in the Central office of Shibir and arrested three persons.67

    This operation

    was committed on 5:00 pm afternoon on 23rd

    November. But later on, Police snatched away

    about One thousand taka from them and released them. However, Police also arrested some

    more local people

    suspecting them as

    Shibir activists, but

    they were released

    after a while.

    Police Attack in Dhaka

    Police severely attacked on Jamaat-e-Islami procession in the capital Dhaka demanding the

    release of top its leaders including Delawar Hossain Sayedee.68

    The attack left at least 10 people

    injured at the citys Malibagh

    area on 12 September 2011,

    afternoon. Police baton-

    charged the party men when

    they were holding a peaceful

    procession organized by

    Dhaka Metropolitan unit of Jamaat. Police arrested at least 25 Jamaat activists from the spot.69

    67The Daily Amar Desh - 24

    thNovember, 2011

    68http://newagebd.com/newspaper1/index.php?news=33052

    69http://thedailystar.net/newDesign/print_news.php?nid=202227

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    The party members were due to gather at the Engineers Institution compound at 4 pm for which

    proper permission was obtained from the authority. But the police locked the whole place up in

    the morning and did not allow any person to come around the area. Several persons were arrested

    who tried to enter the venue of the protest rally. Being unable to hold the meeting in the

    scheduled venue, the Jamaat activists assembled in the Kakrail area of the city and prepared for

    the rally led by Assistant Secretary General of the party Professor Mujibur Rahman who has

    recently been released from detention. At one stage, the Jamaat activists brought a procession

    from Kakrail crossing and proceeded towards Malibagh crossing at about 4:00pm.70

    At the end of the program police suddenly swung into action to disperse the rally. Fierce beating

    and firing by the police at the demonstrators caused widespread panic in the neighboring areas.

    More than hundred activists of Jamaat along with 30 common passersby were severely injured in

    the police action in the area. All business establishments were shuttered during the clash that also

    created a huge traffic jam, causing public sufferings.71

    Police charged batons and fired teargas on Jamaat men who gathered in the protest rally

    demanding the release of detained leaders. More than 50 Jamaat activists were arrested from the

    procession among them 21 are in Shahbag police station and 26 are at the Ramna police station.

    This was the one of the largest incidents of mass arrest in several months. Rafiqul Islam, officer-

    in-charge of Ramna Police Station, said they detained 25 to 26 men on charges of attacking the

    law enforcers and injuring them without any provocation.72

    70http://www.amardeshonline.com/pages/details/2011/09/13/104991

    71http://www.amardeshonline.com/pages/details/2011/09/13/104991

    72http://www.dailysangram.com/print.php?news_id=63352

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    Police Attack in Sylhet

    Police attack on Bangladesh Jamaat-e-Islami and Islami Chhatra Shibir activists has left at least

    35 injured. The incidents took place in two phases around 4 pm on 11 September 2011 at the

    Sylhet city's Zindabazar and Chouhatta intersections. The clashes ensued when police blocked a

    procession of Jamaat and Chhatra Shibir activists demanding release of its central leaders, who

    are currently in jail on charges of alleged crimes against humanity in 1971.73

    The demonstration of hundreds of BJI activists began at the Court point led by Sylhet

    Metropolitan Pesident Ehsanul Mahbub Zubair. As soon as the tail of the rally reached Shyamoli

    Centre, a great number of police started to throw tear shells at the demonstrators without being

    provoked. Police fired 30 rounds

    of rubber bullet shots and 25

    rounds of teargas shell at the

    activists. Police charged baton and

    fired teargas shells a second time

    to stop the procession that led to

    another fierce clash. Later, a Rapid Action Battalion contingent joined the police in the action,

    eyewitnesses said. Three severely wounded Jamaat activists namely Shahjahan Ali, Shahriar

    Alam and Anwarul Wadud were admitted to a private clinic in the city.74

    Eight people were arrested by the police from the site. Among the arrested activists areObaidur

    Rahman Masud, Obaidul Haque, Shukur Ali, Touhid Ahmed and Oliur Rahman.75

    Later police

    73www.bdnews24.com/details.php?id=205796&cid=3

    74http://www.dailysangram.com/print.php?news_id=63256

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    has filed a case of assault against 3000 Jamaat activists and leaders including Metropolitan

    President Ehsanul Mahbub Zubair, District South President Habibur Rahman, Professsor Abdul

    Hannan, Dr. Sayef Ahmad, Sirajul Islam Shahin Advocate Zia Uddin Nader and others.76

    In the same night, Police arrested Jamaat leader Shams Uddin from a clinic where he was under

    treatment for his wound he received from the attack on the procession. On 3 am in the morning,

    Police conducted a raid in the house of Surma Upazila Chairman and Jamaat leader Maolana

    Lokman Ahmed for arresting him, when he was not at home.77

    Police Attack in Bogra

    In Bogra another procession of Bangladesh Jamaat-e-Islami was attacked by Police leavening

    four activists injured. Police charged with batons on the peaceful procession called by Jamaat

    demanding the release of their central leaders. Jamaat had begun its rally from Satmatha of the

    city before it was dispersed by sudden police attack. Later the activists assembled in a protest

    meeting in front of the Press Club led by district Jamaat President Shahabuddin.78

    Shibir: Victim of Campus Violence

    BCL Violence in Islamic University

    Violent attack on students of Islamic University by BCL has caused the university to remain

    close from 26th

    September to 26th

    November with all examinations postponed. At least 40 people

    75www.bdnews24.com/details.php?id=205796&cid=3

    76http://www.amardeshonline.com/pages/details/2011/09/13/105009

    77http://www.amardeshonline.com/pages/details/2011/09/13/105009

    78http://www.amardeshonline.com/pages/details/2011/09/13/105009

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    were injured, three with bullets, as the Bangladesh Chhatra League (BCL), the ruling Awami

    Leagues associate body of students, attacked Islami Chhatra Shibir, Jamaat-e-Islamis associate

    body of students, at the Islamic University in Kushtia on 26 October 2011. Thousands of

    students had to evacuate the dorms amid strike in transport sector.79

    The clash centred on the appointment of a dining manager at the Lalan Shah Hall. Hall

    authorities had decided to change the dining manager on October 25 and issued a notice for the

    appointment of a manager over which BCL and Shibir had some disagreement. The authorities

    held a meeting with the two groups till 8:00pm to resolve the matter. When the meeting was

    going on, Chhatra League men gathered at the hall gate and started an attack on Shibir activists.

    Chhatra League activists came out of Saddam Hossain Hall, Ziaur Rahman Hall and

    Bangabandhu Sheikh Muzibur Rahman Hall to take part in the attack. At least 10 crude bombs

    were exploded and 30 rounds were traded by BCL during the clash. The critically injured eight

    were admitted to Kushtia General Hospital after they had been primary treatment in the

    university medical centre.

    The students adviser, Meher Ali, the acting hall provost Shamsul Alam Siddique, and the acting

    proctor, Mohabbat Hossain, then met the university unit Chhatra League president, Jahangir

    Hossain, and the hall unit Shibir president, Assaduzzaman, in the office of the Lalan Shah hall

    provost. About an hour and a half afterwards, the superintendent of police, Mafij Uddin Ahmed,

    students adviser Meher Ali, acting proctor Mohabbat Hossain visited the place. Begum

    Fazilatunnesa Mujib Hall provost Akhtarujjaman has allegedly encouraged violence instead of

    79http://newagebd.com/newspaper1/national/38190.html

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    mitigating the conflict. The police fired blank shots and teargas shells the control the situation.

    The police on the evening raided the hall and seized a lethal weapon but no one was arrested.

    The university unit Shibir president, Mainul Islam said that Chhatra League activists had

    attacked them without any provocatio. Earlier on 14 August, BCL has carried out another attack

    on Shibir activists during the Ramadan vacation. According to Professor Dr. Tozammel Hossain,

    the president of Teachers Society of the university, lack of measures taken against previous

    violence has caused the repetition of the same incidents, which has undermined the general

    academic environment and safety in the campus. The month long closure is worsening the

    session jam situations of the faculties.

    Torture on Shibir activists in Educational Institutions

    Bangladesh Chhatra League (BCL), the student front of the ruling party Awami League was

    extremely violent over its oppositions since day one of its regime. There animalistic attitude

    remains still the same. The month of November witnessed two major clashes between BCL and

    Shibir. With the Police back ups, BCL unleashed their fury and anger over Shibir activists.

    Case1: Dhaka Uni versity of Engineeri ng Technology (DUET)

    The BCL faction ofDhaka University of Engineering Technology(DUET) made an unnecessary

    attack over the Shibir activist students there on 27th

    October.80

    Sources said, some posters

    criticizing the activities of the present govt. was hung in the campus in the name of Conscious

    Students Society. BCL activists suspected Shibir for the posters and attacked on them with iron

    80The Daily Prothom ALo - 28

    thOctober

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    rods and batons at about 1:30 am at night. The tortured known faces of Shibir there and as a

    result; about 15 activists including the Secretary of DUET Shibir was severely injured. However,

    they started searching the rooms of suspected Shibir workers and collected and gathered the

    books, clothing and

    beddings of those Shibir

    activists and burnt them in

    fire. However, no case or

    any academic action was

    taken against those BCL

    cadres but Shibir

    supporter students are

    now out of campus.

    Case2: I slamic Un iversity of Kushtia

    Severe clash between BCL and Shibir took place in the Islamic University of Kushtia on 26th

    October.81

    The clash started when Rezwan, an activist of Shibir was stabbed by BCL cadres at

    Lalan Shah Hall of the campus. Later on, BCL cadres attacked Shibir with fire arms and cocktail

    bombs. Police initially played an inactive role, but afterwards supported them by baton charging

    the Shibir activists along with firing tear cells towards them. This clash took place for more than

    two hours where about 30 Shibir activists were injured.

    81The Daily Amar Desh - 27

    thOctober

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    So, after such little examples, it can easily be inferred that how dismal the actual scenario of the

    socio-political situation is now in Bangladesh. Awami League led Grand Alliance govt. is so

    much vindictive over Jamaat and Shibir from the very beginning of their electoral term. It creates

    suspicion and fear among the civil society and the general people as well about the future of

    democracy in Bangladesh.

    BCL-men Shoot on Shibir in Daylight

    Chhatra League cadres including the former

    organizational secretary of RU unit named SM

    Towhid Al Hossain Tuhin is seen open firing on

    Islami Chhatrashibir activists in RU. At least 25

    students were injured, three of them bullet-hit, in a

    fierce clash between Islamic Chhatra Shibir and Bangladesh Chhatra League activists at Rajshahi

    University (RU)82

    Arrests and Torture

    Top Jamaat Leaders Arrested

    Besides the Ameer (Party Chief) of Jamaat-e-Islami Motiur Rahman Nizami, most of the top

    leaders of the party are arrested including Secretary General Ali Ahsan Mohamaad Mujahid,

    82Daily Star 03.10.12

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    Mohammad Kamaruzzaman, Delwar Hossain Sayedee,

    and former Ameer Golam Azam. Police keeps arresting

    the national and district level leaders of Bangladesh

    Jamaat-e-Islami and Islami Chhatra Shibir is numerous

    criminal cases such as vehicle burning, obstructing public

    officials etc where the involvement of the arrested leaders

    is very unlikely.

    On 29 June 2010 Police arrested three top Jamaat leaders;

    the President of Jamaat Mawlana Motiur Rahman Nizami,

    Vice President Mawlana Delwar Hossain Saydee and

    Secretary General Ali Ahsan Mujahid in connection with a case of hurting religious sentiment

    (CR 1012/12) and kept them in the Detective Branch (DB) office where the Jamaat leaders had

    to spend all night on the floor with nothing except two pieces of blanket each. They were denied

    access to their lawyers and family members despite repeated request to the authority.

    On 13th

    July, Jamaat assistant secretary generals, Mr. Kamaruzzaman and Mr. Abdul Kader

    Molla (Molla) went to the High Court in order to obtain anticipatory bail in connection with

    some cases. The Attorney General office sought time and accordingly, the Court adjourned the

    hearing of anticipatory bail for a day and ordered the government not to arrest or harass them

    until the hearing. Nonetheless, the police arrested them both while exiting the Supreme Court

    premises. The lawyers of Kamaruzzaman and Molla produced the lawyers' certificates of court

    order to the police who replied that there were plenty of other cases awaiting the Jamaat leaders.

    Later the police showed them arrest in connection with another case.Pallabi PS case no 60(1)08.

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    Afterwards these top 5 leaders of Jamaat had been detained for 9 months without any charge

    framed against them and many of their human and legal rights had been violated. Political

    leaders were tortured in the custody. Jaamat Secretary General Ali Ahsan Mujahid and Vice-

    President Maolana Delwar Hossian Sayedee alleged that they were tortured continuously for nine

    days during remand period and could not take rest due to the torture of police in custody.83

    ATM Azharul Islam and Tasnim Alam

    Law enforcers have arrested around 50 leaders and activists of Jamaat-e-Islami including its

    acting secretary general ATM Azharul Islam and Publication secretary Tasnim Alam for charge

    of street violence that spread after Police baton-charged the party men when they were holding a

    peaceful procession organized by Dhaka Metropolitan unit of Jamaat on 12 September 2011,

    afternoon.84

    ATM Azharul Islams two sons Taslim Azhar and Ali Azhar were also arrested and

    detained in police custody. Metropolitan Magistrate Sukanto Bagchi remanded the Jamaat

    mmbers for the cases filed with Paltan Police Station and Ramna Police Station. The remand

    lasted for 19 days after which the leaders were sent to prison.

    The police have tortured the leaders during the remand by physical and mental harassment, not

    serving food on proper time, denying external food supply to the violation of regulations. The

    detained leaders were not allowed to say their prayers.85

    Professor Mujibur Rahman

    Police had detained 20 Bangladesh Jamaat-e-Islami men with Professor Mujibur Rahman (56),

    former Member of Parliament, Assistant Secretary General of Bangladesh Jamaat E Islmai

    83The Daily Nayadiganta, 11/07/2010

    84http://thedailystar.net/newDesign/print_news.php?nid=202227

    85Daily Amar Desh, 19/10/2011

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    Central committee and President of Sramik Kolyan Federation, from 1/J, 2/10, section-1,

    Kalwalapara of Mirpur-1 of the capital city Dhaka on 28 October, 2010. They were holding a

    special prayer at their Mirpur local office for Habibur Rahman, a party activist killed on October

    28, 2006, by Awami League-led 14-party alliance. While special prayer was going on, police

    raided the office and arrested them without prior allegation and warrant of arrest.86

    Police had detained 20 Bangladesh Jamaat-e-Islami men with Professor Mujibur Rahman (56),

    former Member of Parliament, Assistant Secretary General of Bangladesh Jamaat E Islmai

    Central committee and President of Sramik Kolyan Federation, from 1/J, 2/10, section-1,

    Kalwalapara of Mirpur-1 of the capital city Dhaka on 28 October, 2010. A 3 days police remand

    had been granted for these 19 arrested Jamaat-men by the Court on 29 October 2010. These

    Jamaat men were holding a special prayer at their Mirpur local office for Habibur Rahman, a

    party activist killed on October 28, 2006, by Awami League-led 14-party alliance. While special

    prayer was going on, Police raided the office and held them without prior allegation and warrant

    of arrest.87

    AKM Nazir Ahmad and Hamidur Rahman Azad

    On December 11, 2011, Two Dhaka courts sent seven Bangladesh Jamaat-e-Islami leaders and

    activists to jail, hours after their surrender, in connection with two cases filed for assaulting

    police and obstructing them from discharging their duties on September 19 2010.88

    86The Daily Amar Desh; 29 October 2010

    87The Daily Amar Desh; 29 October 2010