C_5D_85841

 

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Projonmo chottor shahbag square are the new name of Shahbag, dhaka ,Bangladesh, People gathered here on 9th Feb 2013 for the demand of Death sentence to Kader Mollah , a war criminal of Bangladesh, who joined in a mass killing with the then Pakistan army during the liberation war of Bangladesh In 1971,Present Government of Bangladesh was promised bound t face those war criminal under justices, and the verdict given on 05 feb against Abdul Kader Mollah was a life time imprisonment , and the Mass people of Bangladesh did not accept this verdict, and an on line activist group and bloggers got together in this shahabag square on 06th feb to protest against this verdict,

 

War crimes trial attempts As early as December 22, 1971, the Indian Army was conducting investigations of senior Pakistani Army officers connected to the massacre of intellectuals in Dhaka, with the aim of collecting sufficient evidence to have them tried as war criminals. They produced a list of officers who were in positions of command at the time, or were connected to the Inter-Services Screening Committee On December 24, 1971 Home minister of Bangladesh A. H. M. Qamaruzzaman said, "war criminals will not survive from the hands of law. Pakistani military personnel who were involved with killing and raping have to face tribunal." In a joint statement after a meeting between Sheikh Mujib and Indira Gandhi, the Indian government assured that it would give all necessary assistance for bringing war criminals into justice. In February 1972, the government of Bangladesh announced plans to put 100 senior Pakistani officers and officials on trial for crimes of genocide. The list included General A. K. Niazi and four other generals. After the war, the Indian Army held 92,000 Pakistani prisoners of war. and 195 of those were suspected of committing war crimes. All 195 of them were released in April 1974 following the tripartite Simla agreement between Bangladesh, Pakistan and India, and repatriated to Pakistan, in return for Pakistan's recognition of Bangladesh.[78] Furthermore, there was no obligation on Pakistan to carry out investigations of allegations against the suspects, or to provide reparation to Bangladesh. On July 30, 2009, the Minister of Law, Justice and Parliamentary Affairs of Bangladesh stated that no Pakistanis would be tried under the International Crimes (Tribunals) Act 1973 This decision has drawn criticism by international jurists, as it effectively gives immunity to the army commanders of the Pakistan Army who are generally considered to be ultimately responsible for the majority of crimes of 1971. The Bangladesh Collaborators (Special Tribunals) Order 1972 was promulgated to bring to trial those Bangladeshis who collaborated with and aided the Pakistan Armed forces during the Liberation War of 1971. There are conflicting accounts of the number of persons brought to trial under the 1972 Collaborators Order, ranging between 10,000 and 40,000. At the time, the trials were considered problematic by local and external observers, as they appear to have been used for carrying out political vendettas. R. MacLennan, a British MP who was an observer at the trials stated that 'In the dock, the defendants are scarcely more pitiable than the succession of confused prosecution witnesses driven (by the 88-year old defense counsel) to admit that they, too, served the Pakistan government but are now ready to swear blind that their real loyalty was to the government of Bangladesh in exile.'The government of Bangladesh issued a general amnesty on November 30, 1973, applying to all persons except those who were punished or accused of rape, murder, attempt of murder or arson. The Collaborators Order 1972 was revoked in 1975. The International Crimes (Tribunals) Act 1973 was promulgated to prosecute any persons, irrespective of nationality, accused of committing crimes against peace, crimes against humanity, war crimes, ‘‘violations of any humanitarian rules applicable in armed conflicts laid out in the Geneva Conventions of 1949’’ and ‘‘any other crimes under international law’’. Detainees held under the 1972 Collaborators order who were not released by the general amnesty of 1973 were going to be tried under this Act. However, no trials were actually held, and all activities related to the Act ceased after the assassination of Sheikh Mujibur Rahman in 1975. There are no known instances of criminal investigations or trials outside of Bangladesh of alleged perpetrators of war crimes during the 1971 war. Initial steps were taken by the Metropolitan Police to investigate individuals resident in the United Kingdom who were alleged to have committed war crimes in a Channel 4 documentary film aired in 1995. To date, no charges have been brought against these individuals. On December 29, 1991 Ghulam Azam, who was accused of being a collaborator with Pakistan during 1971, became the Chairman or Ameer of the political party Jamaat-e-Islami of Bangladesh, which caused controversy. This prompted the creation of a 'National Committee for Resisting the Killers and Collaborators of 1971', after a proposal of writer and political activist Jahanara Imam. A mock people's court was formed which on March 26, 1992, found Ghulam Azam guilty in a mock trial and sentenced him to death. A case was filed in the Federal Court of Australia on September 20, 2006 for alleged crimes of genocide, war crimes and crimes against humanity during 1971 by the Pakistani Armed Forces and its collaborators. Raymond Solaiman & Associates acting for the plaintiff Mr. Solaiman, have released a press statement which among other things says: “

 

We are glad to announce that a case has been filed in the Federal Magistrate's Court of Australia today under the Genocide Conventions Act 1949 and War Crimes Act. This is the first time in history that someone is aA the Pakistani Armed Forces and its collaborators. The Proceeding number is SYG 2672 of 2006. On October 25, 2006, a direction hearing will take place in the Federal Magistrates Court of Australia, Sydney registry before Federal Magistrate His Honor Nicholls.” On May 21, 2007, at the request of the applicant "Leave is granted to the applicant to discontinue his application filed on September 20, 2006." (FILE NO: (P)SYG2672/2006) In March 2010, the International Crimes Tribunal (ICT) was formed in Bangladesh to hold trials of Bangladeshi citizens accused of involvement in crimes against humanity, including genocide, rape, murder and arson during the 1971 Liberation war. The ICT, despite its name, is of local nature and has had no involvement from the United Nations. It has been criticized by the Human Rights Watch and prominent Western jurists for bias and deficient legal provisions. Charge such as planning to commit crime, murder and torture have been framed against eight members, including former leader Ghulam Azam, of Jamaat-e-Islami party. Three of these have been indicted. The members have termed the charges as political.

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