Fwd: [bangla-vision] War Crimes Trial--The Other View

---------- Forwarded message ----------
From: Enayet Ullah <enayet_2000@yahoo.com>
Date: Thu, May 6, 2010 at 2:14 AM
Subject: [bangla-vision] War Crimes Trial--The Other View
To: dahuk@yahoogroups.com, khabor@yahoogroups.com, bangla-vision@yahoogroups.com, kala chand <kalachand24@msn.com>, wpmh12@hotmail.com, odhora <odhora@yahoogroups.com>

 

Why Jamaat so worried about War Crime Tribunal?   I think it will be good for Jamaat in the long run. the ghost of 'rajakar' is hunting Jamaat, once Hasina is successful, it will be good for the future generation.   I am concerned about Mujahid, his talk is seepish, how can a leader like Mujahid utter that he forgot everything about 71? That's a very stupid comment to make. Mujahid is a very childish leader and he needs to go! Mujiahid is hurting more than helping J. Some idiotic leadership need to weed out from Jamaat, thay are parasites!     --- On Tue, 5/4/10, S A Hannan <sahannan@sonarbangladesh.com> wrote: From: S A Hannan <sahannan@sonarbangladesh.com> Subject: [Dahuk]: FW: War Crimes Trial--The Other View To: dahuk@yahoogroups.com, khabor@yahoogroups.com, bangla-vision@yahoogroups.com, "'kala chand'" <kalachand24@msn.com>, wpmh12@hotmail.com Date: Tuesday, May 4, 2010, 11:47 PM       ---------- Forwarded message ---------- From: Muhammad Ibrahim <muhammadi1945@ gmail.com   Dear sir,   Assalam  u Alaikum,  I had sent a write-up on the captioned subject the  esteemed daily Star, Dhaka , on19. 4 .2010. It has still not been published.    I am sending it to for kind information. Thanks   Yours sincerely,   Abu Imran.    While the government is going ahead for holding war crimes trial, some people/ group consider the action to be illegal. One such group is TheMuslim Millat Party. Its chief,Adv. Abu Bakar Siddique,recently held a discussion meeting on the relevant issue. The observations made i n the meeting were published  in the local daily , The Sangram on 16.4.2010. Some points are given below for the Star readership:    1)The war crimes trial process undertaken by the government is motvated, illegal and un-constitutional because  all the matters relating to war 1971 war crime was settled  by the then governments of India , Pakistan and Bangladesh under the Simla agreement. There is no scope to re-open the issue.   2)Because of the above agreement sighned amongst the three countries, the International Criminal(Tribunal) Act 1973 have become ineffective. Therefore Bangabandhu during 1973-75 did not take any action for trial of the war criminals and nor the  government of Shaikh Hasina did so during its rule from1996 to 2001.   3)In any criminal act if  the main perpetrators of crime are not tried, their collaborators can not be tried. The law is like this-"-If the main offender is not prosecuted then abettors can not be prosecuted." The main offenders of 1971 war crimewere let off under the Simla agreement and freed and sent home. Therefore the collaborators can not be put to trial. This is totally illegal.   4)After liberation, trial process of the 195 hard core criminals were being processed in the international court.This was dropped after the Simla agreement under which they were pardoned. This was the reason that Pakistan High Commissioner at one point of time said that  thewar crime issue of 1971 was a settled one.    5)Collaborators Act 1972 was  promulgated in 1974, the Banga bandhu modified it and allowed clemency vide which22,000 so-called Razakars were freed.   6) In 1975, the then government fully nullified the 1972  collaborators Act. Hence by virtue of the above there can not  be any grievance or allegation against the collaborators.   7) During the last year(2009) the modification made to the International criminal(Tribunal) Act 1973 is illegal, and hence this government has no right to try the war criminals of 1971.   8)The Law MInister on several occasions said that  the war the war criminals of 1971 would be tried for  crime against humanity. But  there is no specific detail on this.   9)War crime trial has to be  undertaken on international standard. But that is lacking here. The judges are stateappointed .Hence for this and other reasons fair judgement can not be expected.   For the above reasons  the issue of war crime trial has  become  questionable.   Abu Imran, (on e-mail)

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Palash Biswas
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