Barrister Tureen Afroz writes for DOT
It has been a long journey to accomplish an impossible mission! However, the Awami League-led government remained committed to hold the war crime trials against the local and international pressure and unwarranted conspiracy. The trial of war criminals about 40 years after the country’s independence is considered to be one of the biggest achievements of Bangladesh. Perhaps it is one of the most courageous strides that the Awami League-led government, representative of pro-liberation force, has made towards re-establishing the spirits of 1971.
As pledged in its 2008 election manifesto, the Awami League-led government formed the tribunal and relevant trial process in March 2010. Since the inception, the tribunals have up until now delivered judgments in 35 cases against 85 war criminals. Among them, 54 were sentenced to death. The apex court of the country (Supreme Court of Bangladesh) has so far disposed of the appeals of seven war criminals upholding the death penalty of the six war criminals. The death penalty of all six has also been executed.
It must be stated that the journey of the war crime trials has not been smooth in any means. Rather the war crime trials have faced many challenges over the years. Witnesses were threatened and attacked. The prosecutions and the tribunal judges were made subject to bombs and cocktail attacks. Jamaat-e-Islami called protest after protest against the verdicts. The country had to tackle mayhem unleashed by the Jamaat-e-Islami and its student wing Islami Chhatro Shibir in 2013.
Still, on 20 June 2017, the International Criminal Court (ICC) President Justice Silvia Alejandra Fernández de Gurmendi expressed that “The experience of Bangladesh in holding war crimes trial will play an important role in development of overall judicial system in the national level.”
It is such a pity that one of the large political parties of Bangladesh, Bangladesh Nationalist Party (BNP) led by Begum Khaleda Zia had remained silent on the issue of the trial of the 1971 war criminals. It is shocking to find that even after several observations made by the war crime tribunals on the role played by the Jamaat-e-Islami in committing war crimes in 1971, BNP continued its political alliance with Jamaat-e-Islami. More to that BNP is also participating in the upcoming election of Bangladesh as an election-alliance with Jamaat-e-Islami.
On 30 December 2018, the people of Bangladesh is therefore seriously to make a choice – whether to send pro-liberation force into power again or to compromise with the spirit of 1971 war of liberation and to choose the war criminals and their sympathizers. I am sure, not a difficult choice to make for us, Bangladeshis! It is surely 1971 spirit that will conquer all!
Barrister Tureen Afroz is a Prosecutor, War Crimes Tribunal of Bangladesh.