INTRODUCTION

The upheaval in the Islamic world has reached such extreme heights, Muslims are now targeting one another, while some of the Western countries usually participate and add fuel to the fire. And even though innocent Muslims are already being slaughtered en masse all around the world, some Muslim states shockingly hand out death sentences to their fellow Muslims for alleged crimes from years or even decades ago without batting an eyelash. Bangladesh is regrettably one of those countries.

The reports we receive from Bangladesh, a country with a rooted Islamic civilization and a Muslim population of 89%, paint a dreadful picture for Muslims, not to mention shaming the entirety of humanity. Death sentences for leaders of Bangladesh Jamaat-e-Islami (BJI), a political party that has been a part of the government for years in Bangladesh, have become a routine now. The unlawful practice started with the arbitrary detaining of Ghulam Azam, the 91-year-old leader of the Jamaat-e-Islami, for approximately 2.5 years with no justifiable reason. In full view of the world, Professor Azam, despite being in a wheelchair, was forced to live in the dismal conditions of Bangladeshi jails. Soon after, Professor Azam was sentenced to death. Eventually, he passed away after his heart failed to take more of this ill treatment. Since then, many other leaders of Jamaat-e-Islami have been unlawfully executed in Bangladesh.

Despite former messages of commitment to democracy, freedoms and the rule of law and having been a signatory of the Universal Declaration of Human Rights and many other international treaties that guarantee the right to life for every single individual, Prime Minister Sheikh Hasina's Awami League government continued to violate every human and fundamental right. Giving into the pressure and not being able to stand up to the intimidation and threats of the British deep state, the Sheikh Hasina government became an accessory to the martyrdom of innocent Muslims while the true mastermind, the British deep state, watched in the background, well hidden. The British deep state desires to criminalize and eliminate all Muslim groups in favor of the unity of Muslims. When it comes to this part of the world, it employs the Indian deep state, which in turn employs the Awami League government as a pawn for this agenda.

In pace with the upward trend of repression, the Awami League government continues to add new rules and regulations to the list, part of its suppressive practices aimed at silencing critical voices. People are arbitrarily arrested solely for holding different political opinions and are kept in prison for long periods most often without any charges. Political dissidents who attempt to speak their mind against the inhumane and brutal practices of law enforcement authorities, as well as non-governmental organizations, face threats, enforced disappearances, abduction, extrajudicial killings, not to mention death sentences.

Although some certain NGOs have reacted to these human right violations, the international community is mostly keeping quiet. Although most of this silence is due to lack of knowledge about the atrocities taking place in the country, it does not change the fact that this silence, in a way, assists the ongoing persecution. The only thing these helpless people can do is to protest, despite the possibility of fierce backlash from armed security forces.

This book aims to wake the people of conscience all around the world to the plight of innocent people in Bangladesh, whose most basic human rights are being violated incessantly.

As Article 3 of the Universal Declaration of Human Rights makes clear, "everyone has the right to life, liberty and security of person," and according to Article 9 "no one shall be subjected to arbitrary arrest, detention or exile". Therefore, the Bangladeshi people should be able to exercise their rights just like everyone else. World leaders and the United Nations must ask the Sheikh Hasina government to keep its commitments with regard to the Universal Declaration of Human Rights, and closely monitor the developments in the country to help prevent further violations.

Amnesty International and Human Rights Watch among other human rights organizations condemned the Bangladeshi authorities for human rights violations. Similarly, Transparency International has placed Bangladesh at the top of the list of countries with the most violations. Despite these developments, things have not improved in Bangladesh. On the contrary, the country is literally a closed box and there is no way of getting systematic and accurate information about the violations in the country. For example, Amnesty International, which identifies human rights violations across the world, has no representation in Bangladesh. What happens in the country takes place mostly out of the international public's view. However, this does leave the impression of the world giving permission for human rights violations.

We are kindly requesting Bangladesh's Prime Minister Ms. Sheikh Hasina to leave behind the incidents that took place forty-six years ago, and lead her people towards a Bangladesh dominated by communal peace, harmony and democracy. Bangladesh is a country with rich natural resources and therefore has the great potential to be a regional leader as soon as political stability and democracy are established. However, peace is a must for this to ever happen. Therefore, Ms. Hasina should pay no attention to the voices of hatred and instead make herself a name as a leader that successfully rebuilt a peaceful and harmonious community after decades of resentments and conflicts. There is no problem that love, compassion and brotherhood cannot solve as history has shown over and over again.

Bangladesh's Prime Minister Ms. Sheikh Hasina 

THE HISTORICAL AND POLITICAL BACKGROUND OF THE CURRENT CONFLICT WITH REGARDS TO JAMAAT-E-ISLAMI

Bangladesh's road to existence as an independent country began when Britain's rule in the region ended in 1947 after centuries of exploitation. The end of British reign created India and Pakistan. However, an artificial disagreement over language differences in Pakistan's eastern and western provincial wings led to increased tension, and an atrocious war resulted in the independence of East Pakistan, which is Bangladesh today. During the nine-month war, appalling crimes were committed. Five hundred thousand people lost their lives, tens of thousands of women were raped and millions of people were forced to leave their homes. At this point I should make it clear that violence, torture and murder of civilians are beyond doubt wrong and are in violation of the morality of the Qur'an. I strongly condemn all sorts of crimes against humanity and war crimes, regardless of the perpetrator.

As a result of the war between the two wings of Pakistan, East Pakistan seceded from Pakistan in 1971. East Pakistan is today Bangladesh and West Pakistan is the current state of Pakistan.

Throughout the conflict and resulting political feud, Jamaat-e-Islami argued for preserving the unity of Pakistan and opposed separation along with five other political parties. During this time, Jamaat-e-Islami championed its cause through peaceful methods. From the early 1960s it has been a staunch opponent of autocratic governments.

When Bangladesh was founded in 1971, Awami League formed a government and legislated an International War Crimes (Tribunal) Act. Consequently in 1973, Sheikh Mujibur Rahman, the first President of Bangladesh and the father of the current Prime Minister Sheikh Hasina, identified 195 war criminals. All of these people were members of the Pakistan army and included no leaders from Jamaat-e-Islami.

The government forces later arrested more than 100,000 people on charges of assisting Pakistan in war crimes. Charge sheets were filed against 2,848 people and once again, there were no Jamaat-e-Islami members on the list.[1]

Indeed, during its nine years' rule between 1972 and 1975 and then between 1996 and 2001, Awami League (AL) government did not take any steps to try Jamaat-e-Islami leaders for any war crimes. On the contrary, during the process of restoring the democracy in the 1980s and during the movement for caretaker government in the 1990s, the Awami League worked in concert with Jamaat-e-Islami leaders. Awami League even formed a coalition government with Jamaat-e-Islami and some Jamaat leaders became Parliament Members and Ministers. Throughout the four decades that passed after the Liberation War, Jamaat leaders who are being tried now, were not charged of any war crimes. Only after Awami League led by Sheikh Hasina came into power in 2009, these charges were suddenly made. Indeed this was not very surprising because during the 2008 general election Sheikh Hasina used the issue of a war crimes tribunal as a campaign promise.

Many international analysts interpreted the turn of events as Sheikh Hasina targeting her political rivals. [2] Opposition parties also declared this as a political move and accused the new government of using the trials as an opportunity to quash opposition. They also maintained that the government was attempting to capitalize on the pain of the families of the victims of Liberation War to eliminate the opposition. The main opposition party BNP (Bangladesh Nationalist Party) drew attention to the fact that the people who are currently accused by the government were not accused at the time of the alleged crimes.[3] Even the Chief Justice of Bangladesh said that the trials were being used for political purposes.[4]

Despite persistent calls from Bangladeshi and international authorities to halt the flawed trials, Sheikh Hasina maintained her stance. It is true that horrific crimes took place during Bangladeshi struggle for independence and Sheikh Hasina herself witnessed the horrific crimes of the Pakistani army in 1971 as a young individual. Similarly, families of the victims still feel the pain of their beloved ones and deserve justice. However, these feelings have been manipulated by the British deep state. Their pain, coupled with black propaganda and persistent deceitful media campaign against Jamaat-e-Islami, transformed into anger. However, it should be remembered that the true perpetrators of the crimes are former Pakistani army members. No charges were made against Jamaat-e-Islami leaders until recently and the current allegations against them are highly suspicious and unreliable.

In addition, no matter what the crime is, it is crucial that trial procedures are carried out in line with the principles of justice, the international laws, principles of human rights and without capital punishment.

It is quite suspicious that despite having worked with Jamaat members throughout the years, Sheikh Hasina suddenly turned her attention to them; her political rivals.

So, after almost four decades, Sheikh Hasina's government formed a tribunal[i], a prosecution panel and an investigation agency for investigating war crimes committed during the 1971 Liberation War, and appointed its members. In a 20-minute hearing that took place on July 19, 2010, which was clearly insufficient to make any reliable decisions regarding alleged crimes from decades ago, Bangladesh's International Crimes Tribunal (ICT) issued arrest warrants against Jamaat-e-Islami top leaders, including BJI chief Motiur Rahman Nizami, its Secretary General Ali Ahsan Mohammad Mujahid, executive member Allama Delawar Hossain Sayedee, and acting general secretary ATM Azharul Islam. The trials were marred by irregularities, flawed procedures, violation of basic human rights and most importantly, lack of solid evidence against the accused. The few witness accounts that were used to implicate them in war crimes were conflicted and highly suspicious.

That's why the international community raised strong objections to the ICT and voiced their concerns of the trials being politically-motivated. Indeed, according to a Wikileaks document of a US State Department cable, the intentions were clear: "There is little doubt that hard-line elements within the ruling party [AL] believe that the time is right to crush Jamaat and other Islamic parties."^[5]

On January 11, 2012, former chief of BJI, Professor Ghulam Azam (89 at the time) was arrested on charges of alleged war crimes. In compliance with the ICT's direction, Prof. Azam appeared before the tribunal and requested release on bail on medical and humanitarian grounds. The 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 and even later sentenced him to death, which was commuted to life sentence on grounds of health and age.

From that point on, human right violations, arrests and death sentences only increased despite worldwide protests, condemnations, and glaring irregularities and flaws in the legal proceedings. It should be noted that the Bangladeshi people are not happy with ICT, either. According to an AC Nielsen poll in 2013, more than two-thirds of the Bangladeshis see ICT as 'unfair' or 'very unfair'.

All these problems and injustice show us that it is high time for the world to realize the ongoing crimes against humanity in Bangladesh and take a clear, united stance against them.

BANGLADESH NEEDS STABILITY AND DEMOCRACY, NOT FRATERNAL FIGHT

From the 20^th century to the present day, the Islamic world has suffered greatly and continues to do so. There is no doubt that this is a direct result of the lack of the Islamic Union, and a union of love and hearts between Muslims. This division created fraternal fights and spread violence across the Muslim geography, with one of the bloodiest fraternal fights taking place between Pakistan and Bangladesh.

After nine months, the heart-wrenching war was finally over but the foundation of the People's Republic of Bangladesh was not enough to resolve the problems of the Bengali people. Indeed, the country's short history has been marred with constant social, political and economic problems.

With a population of 160 million, Bangladesh is one of the world's most crowded countries despite being one of its poorest. It stands 146^th on the UN Human Development Index for 2013. Forty million Bengalis are too poor to meet their basic food needs and, according to UNICEF reports, those most affected by inadequate nutrition are women and children. In some regions, particularly jungles and camps inhabited by Rohingya refugees, people face starvation due to poverty.

There has been economic development, albeit very minor, aimed at reducing poverty. For instance, in recent years the manufacturing sector has been regenerated with foreign capital investment. However, widespread corruption, political conflicts and widespread communal mistrust continue to stall economic development.

The standard of teaching in educational institutions in Bangladesh is also far below modern world levels. Major problems such as old and rickety schools, methods that are inappropriate for today's conditions, inadequate public funding and children being sent to work instead of school are among the most pressing issues in the education system. The education problem in the country is so grave, today 10 million children in Bangladesh are out of school.[6]

However, there is a threat that is even more sinister. Radical groups take advantage of the instability in the country. Many young people are inculcated with the wrong ideas by radicals, which are diametrically opposed to the essence of Islam as described in the Qur'an. Fanaticism is a problem that can be solved only through compliance with the Qur'an and by following the loving and compassionate path shown by God. The verses of the Qur'an make it absolutely clear that there can be no compulsion in religion and the Qur'an offers the only way to build a peaceful way of living in harmony with all religions, nations, ethnicities and races. However, radicals continue to follow fabricated accounts and traditions instead of the Qur'an, which causes severe problems in Bangladesh as in the rest of the world.

Bangladesh is a democratic nation with systems safeguarding the freedom of expression by law. However, despite having constitutional guarantee, the freedom of expression in the country is often criticized as being limited by the governing political forces. Even though it is a state party to the United Nations Convention Against Torture, torture is reportedly used by security forces. What is more, special units affiliated with the Bangladeshi Army and the Rapid Action Battalion (RAB), originally intended to fight terror, are known with their human rights violations, such as extrajudicial killings and the killing of innocent people in careless combat.[7]

For almost half of the recent history of Bangladesh, the capital city Dhaka has been the scene of coups and military regimes. Other times, it has been a scene of ruthless rivalry between main political parties. One of these political groups is the center-left Awami League, which is today in power. Its rivals are the center-right, nationalist and conservative Bangladesh Nationalist Party and the Jamaat-e-Islami, whose members are currently being brutally persecuted through death sentences and arbitrary detentions. Instead of constructive, democratic debate, and democratic political rivalry, there is relentless hostility. Instead of unity, which would help the development and prosperity of this beautiful country, there is destructive conflict and violence. The price of these flaws is paid by innocent Bengalis in the form of poverty and death. The poor, downtrodden and innocent Muslims of Bangladesh are waiting for a helping hand.

However, it is clear that the political parties assigned with the duty to govern this beautiful country would also benefit greatly from friendship, alliance and peace in the country. Ruthless rivalries and lawless, bloody revenge schemes for past occurrences have done nothing but create more problems. For this reason, it is crucial that the ongoing politically-motivated abductions and hate crimes, the ruthless execution of old people and unlawful verdicts are stopped immediately.

If Muslims live by the morality of the Qur'an, none of these problems will remain. God commands us to live with love, compassion, harmony, brotherhood, gentleness, forgiveness and self-giving in all circumstances. The Prophet Mohammed (pbuh) was the epitome of this kind and gentle demeanor:

It is a mercy from God that you were gentle with them. If you had been rough or hard of heart, they would have scattered from around you. So pardon them and ask forgiveness for them, and consult with them about the matter. Then when you have reached a firm decision, put your trust in God. God loves those who put their trust in Him. (Qur'an, 3:159)

Our Lord wants us to follow the path of kindness, compassion and forgiveness in every situation. The problems and issues today remind us the importance of responding to problems with justice, intellect, compassion and forgiveness. The same rule applies to Bangladesh, and so there is no other solution for this beautiful country. Persisting in the failed policies of repression will simply drag Bangladesh further into a downward spiral.

REPRESSION AND HUMAN RIGHTS VIOLATIONS OF THE HASINA GOVERNMENT

Since its independence, Bangladesh has been a scene of constant violence, instability and political violence. According to the media, human rights organizations and international bodies, the human rights situation has been deteriorating in Bangladesh. However, especially after Awami League came into power in 2009, the incidents of political violence increased as shown in the following diagram.

Source: The Daily Star

According to the spokesperson for the Office of the United Nations High Commissioner for Human Rights (OHCHR), "the deepening political violence in Bangladesh" is very disturbing. Indeed, between 2001 and 2006, political violence claimed 1,500 lives and resulted in 37,000 injuries and from 2006 to 2011 500 people died and 34,000 were injured. The number of deaths and injuries recorded after 2011 was even higher. [8]

The disconcerting situation in the country has gained real urgency due to the state's involvement in the majority of these cases. Restrictions on the right to freedom of expression, enforced disappearances, widespread torture and other forms of ill treatment hurt the beautiful people of Bangladesh and impede the country's economic and social development.

As a matter of fact, there are clauses in the Constitution and the Penal Code, as well as the Torture and Custodial Death Prohibition Act, that should prevent these violations. However, steps taken by Prime Minister Sheikh Hasina's Awami League government have effectively limited civil rights. For instance, the Rapid Action Battalion (RAB), formed out of military and police officers to counter security threats, are reportedly involved in many killings. Government's media policies continue to limit press freedom. Bloggers and human rights defenders are frequently charged and NGOs continue to face restrictions. The Bangladesh International Crimes Tribunal (ICT), which was set up to investigate crimes connected with the country's war of independence, has issued death sentences with no compliance to rule of law or right to life.

Freedom of expression and related rights of freedom of association, assembly and of religion or belief in Bangladesh, which is a member of the United Nations Human Rights Council, continue to suffer. Because of the persisting political rivalry between the ruling Awami League and the opposition parties, the Sheikh Hasina government is implementing measures that deprive people of their civil rights.

Especially after the controversial parliamentary elections held on January 5, 2014, the human rights situation in Bangladesh has seen an even sharper decline. Although Awami League government pledged zero tolerance for human rights abuses, violations have continued and in fact increased. Under the cloak of 'fighting terrorism', social and political organizations, independent civil society organizations asking for their democratic rights are threatened and even attacked. Such intimidation is most of the time reportedly carried out by the Detective Branch of the police, the Bangladesh Border Guards (BGB), the Directorate General Forces Inspectorate (DGFI), and the Rapid Action Battalion (RAB).

Some of the most frequent types of violations that have taken place in the country are as follows:

1. Arbitrary detention
2. Restriction of freedom of speech, freedom of belief
3. Torture in custody
4. Death in custody
5. Extrajudicial killings
6. Enforced disappearances
7. Kneecapping and maiming of detainees
8. Mass arrests
9. Hindrance of freedom of media
10. Barriers to meetings and assemblies
11. Public lynching
12. Violence against refugees and religious minority communities
13. Abuse of workers' rights
14. Violation of migrant rights
15. Inhumane and cruel treatment of children
16. Violence against women
17. Sexual harassment, rape and acid violence (acid violence refers to crimes where perpetrators throw acid at their target's face)
18. Restricted human rights and social activities

The Awami League, led by Prime Minister Sheikh Hasina, amended the constitution to politicize various institutions. This action resulted in ambiguity on freedoms and independence of the institutions of the country such as the Election Commission, Anti-Corruption Commission, National Human Rights Commission and Information Commission. These organizations, which should be free from any political intervention and be in the service of Bangladeshi citizens, are now mostly subservient to the government. In addition, the government granted impunity to law enforcement agencies and enacted various repressive laws to the detriment of freedoms in the country. Every day the media reports new murders carried out by the law enforcement agencies.

This situation is a direct violation of the Bangladeshi Constitution. For instance, Article 31 and 32 of the Constitution guarantee the fundamental rights of all citizens and safeguard their right to life and personal liberty. Even so, the violations continue and the government fails to comply not only with its own Constitution and laws, but also with the Universal Declaration of Human Rights and other international treaties that it has ratified.

The current government particularly focuses on and targets the opposition party Jamaat-e-Islami. So much so, its leaders and members are constantly persecuted through arbitrary arrests, torture and extrajudicial killings. Naturally, these horrific developments turned the country into an unstable and bloody arena of unlawful practices. Today, Bangladeshi people are forced to live in fear and panic due to the brutality they witness daily. The controversial victory of Awami League in 2014 exacerbated the situation and the government became even more authoritarian in its determination to hold on to power, regardless of the consequences. As a part of this commitment, critical voices are quickly hushed or brushed aside as mere extremists. Even worse, use of lethal force against opposition became common news.

In June 2016, a government order led to mass arrests and more than 15,000 people were detained by law enforcement agencies across the country in seven days. Detainees were either members or supporters of the mainstream opposition political parties, namely Bangladesh Nationalist Party (BNP) and Jamaat-e-Islami and their youth and student wings.

The media suffers from the repressive practices as well. The government is now able to prevent criticism by banning or dissolving electronic and print media outlets. Journalists are common targets and several laws were proposed in 2016 to increase restrictions on freedom of expression. The Distortion of the History of Bangladesh Liberation War Crimes Act provides for imprisonment and fines if details of the 1971 war of independence are debated or disputed. The Foreign Donation (Voluntary Activities) Regulation Act, passed in October 2016 to control non-governmental organizations, hinders freedoms of expression and association.[9] There are also amendments made in the Proposed Press Council Act that include provisions for closing newspapers. The government continues to make use of the overly broad and vague Information and Communication Technology Act against people who are critical of government's decisions and activities of senior government officials or their families.

Finally, due to mass arrests with the pretense of enforcing the 'Anti-Militancy Operation', prisons in Bangladesh are now extremely overcrowded. Up to 120 people are being kept in one cell, which have a maximum capacity of only 30 people. Furthermore, the quality of food given in the jail is extremely poor.[10]

SOME EXAMPLES OF SUPPRESSION DOCUMENTED IN 2017

According to Bangladeshi Human Rights Organization Odhikar,[11] the members of law enforcement agencies have been enjoying impunity despite their repressive practices. Some examples can be found below:

- A driver named Shariful Islam was arrested and tortured by police. Shariful Islam's sister, Nadira Akhtar said that in the evening of April 6, 2017, Shariful was driving his 'Laguna' (small truck), taking passengers from the Chitagong Road area to Mograpara intersection. At that time, the Officer-in-Charge (OC) of Kanchpur Highway Police Sheikh Shariful Alam signaled him to stop his vehicle. It took him a little time to stop his vehicle because of the sudden signal from the OC. The OC was annoyed and dragged Shariful Islam from the vehicle and beat him. He took him to Kanchpur Police Outpost and tied his hands and legs. Shariful Islam was detained for five hours and tortured. When he lost consciousness, he was taken to a private hospital and given primary treatment. But then he was brought back to the police outpost and was tortured again. [12], [13]

- On April 18, 2017, a female entrepreneur named Jibon Ara claimed that police officers tortured her by electric shocks to extort money from her. [14] On March 2, 2017 at midnight, police entered Jibon Ara's house on the excuse of searching it and made her sit in a corner in blindfolds. A policeman shouted that he had found 'Yaba'[15] (Yaba is a drug composed of methamphetamine, which is a powerful and addictive stimulant and caffeine). Then police brought Jibon Ara and her husband Ali Ahmed Shaudagar to the police station for keeping 'Yaba' in their house. During the arrest, police took her bank checkbook, ornaments and car, but did not mention the car in the seizure list. After detaining them in custody for three days, police made Jibon Ara the main accused in a drug related case. On March 13, 2017 SI Manosh Barua brought her into remand and demanded one hundred-thousand taka from her relatives. When her relatives refused to pay, SI Manosh gave her electric shocks in her breasts and genitals. As a result, Jibon Ara lost consciousness. After re-gaining consciousness, Jibon Ara saw blisters on the different parts of her body. In such condition, she was put in jail again. When her wounds began festering and became infected, the jail authority sent her to Sadar Hospital for treatment.[16]

Tortured Jibon Ara tells her story to journalists in a press conference in Cox's Bazar. Photo: Jugantor,

April 19, 2017

- A college student passed away after suffering severe torture at the hands of the army members. Romel Chakma attended the Naniyarchar Degree College and was also the General Secretary of Naniarchar unit Pahari Chhatra Parishad in Rangamati. According to the reports on the media on April 5, 2017, he was taken by members of the Bangladesh army from Naniarchar Bazaar. Later, he was handed over to police. On April 19, 2017, Romel succumbed to his injuries in Chittagong Medical College Hospital.[17]

WIDESPREAD TORTURE AND ABUSE IN THE COUNTRY

Torture by authorities has been regular news in Bangladesh since independence.[18] Its prevalence has been highlighted repeatedly by various international monitoring bodies.

The United Nations Special Rapporteur on Torture has several times expressed his concern about the practice of torture in Bangladesh.[19] Although Bangladesh ratified the UN Convention against Torture in 1998, the practice has not ended. On the contrary, recent reports indicate a substantial rise.[20] For instance, the so-called 'Operation Clean Heart' in October 2002 was characterized by excessive use of force, torture and beatings during interrogations.[21] Moreover, deaths in custody, apparently as a result of torture,[22] continue to be a frequent occurrence.

The main perpetrators of torture and other forms of ill treatment appear to be law enforcement agencies, and the police in particular.[23] The Army and paramilitaries, and especially the Bangladesh Rifles (BDR) (a paramilitary force responsible for the border security of the country), have also reportedly employed torture in their operations.[24] Armed groups associated with political parties have also been reported to be responsible for human rights violations, including torture, with political opponents and journalists being the main targets.[25] Groups from the Chittagong Hill Tract are also reported to have used torture in some instances.[26]

Reported methods of torture include slapping and kicking with sticks, iron rods, rifle butts, and/or bottles of hot water; hanging by the hands; pushing needles under nails; crushing fingers with pliers; rape; electric shocks and "water treatment'' which consists of fixing hose pipes into each nostril and turning the taps on full force.[27] Mental torture has also been reported, including verbal abuse and making the detainees listen to audiotapes of voices of people crying in pain.[28] Suspects from poor or uneducated backgrounds in particular appear to be most at risk of torture. Most of the time, poorly remunerated police investigators are corrupted.[29] Torture is reportedly used also as a tool to extract money from detained suspects and their families.[30]

Political opponents have regularly been subjected to ill treatment and torture. Consistent reports demonstrate that various governments have used the police to crack down on their opponents. This sends a message that anybody challenging the government is exposing himself/herself to the same risk.[31] Consistent and credible reports attest to the widespread, if not systematic practice of using torture and ill treatment as a means of suppressing political opposition.[32]

In practice, members of minorities, such as Hindus, Christians and Buddhists have reportedly also been subjected to torture and ill treatment and have been increasingly targeted by extremist groups.[33] A prominent example is the Chittagong Hill Tract region, which has been plagued by a conflict that pre-dates Bangladesh's independence. The Army and paramilitaries, as well as Bengali settlers, have reportedly been responsible for torture and other serious human rights violations, such as extrajudicial killings. Serious human rights abuses have also been attributed to the armed opposition.[34]

Torture is also a means of gender discrimination. The high level of violence against women in Bangladesh has been repeatedly highlighted.[35] In 1997, the Committee on the Elimination of Discrimination against Women expressed serious concerns about:

… the alarming levels of violence against women in all its forms and especially its most cruel forms, such as acid throwing, stoning and dowry death, and the inability of the Government to enforce existing laws effectively, or to provide immediate relief and justice to victims of such violence.[36]

This violence is not confined to the private sphere but has also been reported at the hands of public officials.[37] However, sexual violence against women in custody, including rape is rarely reported,[38] possibly due to the social stigma attached to it. A practice that has attracted increasing criticism is the system of "safe custody", i.e. taking women and children into custody for their own 'protection'.[39] Contrary to its purported objective, it is documented that women in such custody appear to be more exposed to sexual violence by their guards. Also, several reports indicate that some of the police personnel have sexually abused illegal workers.[40] Sexual violence has not been confined to women as a number of men have reportedly also been raped by some of the police officers and 'mastans' (thugs who are often employed by political parties for purposes of political violence).[41]

Also, children in custody are reportedly subjected to various forms of institutional violence.[42] The Committee on the Rights of the Child recently expressed concerns about reports of ill treatment and violence against children in State institutions such as orphanages and rehabilitation centers, including by law enforcement agents.[43]

The prevalence of torture has been attributed to several factors, i.e., the long practice of using violence for political ends, the high levels of corruption, the poor training of police forces and almost complete impunity for the perpetrators.[44] The practice of torture is also facilitated by the lack of safeguards. Section 54 of the Code of Criminal Procedure allows for arrest and detention without a warrant or an order from a magistrate on nine different grounds for up to 24 hours.[45] This provision has been widely abused as a tool to arbitrarily arrest and often mistreat and torture political opponents and others.[46] Also, the Special Power Act of 1974 allows for preventive detention[47] and the Public Safety Act, adopted in 2000 (only to be repealed in 2002), further enhanced the powers of the police to detain those suspected of having committed any of the crimes defined in the Act.[48] The denial of detainees' access to lawyers, relatives or doctors also facilitates torture and ill treatment.[49] Magistrates are also seen as failing to adequately protect detainees by regularly authorizing extensions of the periods of remand.[50]

THE BRUTAL PERSECUTION OF JAMAAT-E-ISLAMI

PROBLEMS WITH THE INTERNATIONAL CRIMES TRIBUNAL (ICT)

As stated earlier, when Sheikh Hasina won the elections in 2009, she set up a special court to investigate the crimes committed during the independence war. Certainly, people who are wronged deserve justice and the perpetrators of crimes, no matter how much time has passed since their actions, should be held accountable. However, there are serious flaws in the way the International Crimes Tribunal (ICT) of Bangladesh operates. In addition to the flawed setup, irregular legal proceedings, and questionable links, rushed and highly questionable death sentences handed out by the court to the political rivals of the incumbent government are blemishing the justifiable quest for justice, not to mention hurting the stability of the country and the peace of Bengalis.

Unsurprisingly, ICT and the Bangladeshi government have drawn repeated and serious condemnation for years from all around the world. Leaders, human rights organizations, and international institutions have repeatedly urged the government and ICT to halt their process and take steps to remedy the human rights violations. Regrettably, things have not improved. Now let's see why ICT is not a legitimate court and why Jamaat leaders, in particular, are wrongly and unfairly prosecuted:

WHY ICT IS DEEPLY CONTROVERSIAL

The main goal of a court is discovering the truth and enacting justice. However, the court should decide the presence of the offense and its perpetrators only through sufficient and reliable evidence. During the trial process, the accused should be considered innocent unless and until proven otherwise and the verdict should be based on reliable, concrete evidence that leaves no room for doubt. According to international law, courts are expected to proceed with the presumption of innocence for the accused. This is how the justice system works.

However, with the ICT, the foundation and structure of the court as well as the trial procedures for the Jamaat-e-Islami members paint a worrying picture and raise serious questions about its reliability. First of all, the verdicts handed out by the court so far, were not based on solid evidence. Instead, they were based on conflicting accounts of unreliable witnesses that were impossible to have taken place. For instance, Abdul Quader Molla, the Assistant Secretary General for the Jamaat-e-Islami party and the first person to have been executed for the so-called crimes committed during the Liberation War, was charged with rape, but the prosecution had only one witness, Momena Begum, to back this claim. How is it possible that a person is accused of raping multiple women and there is only one witness? And if that really happened, why did she wait for so many years to go to the authorities?

Furthermore, even though called an "international" court, this court is a domestic one. It was not set up by the international community, which would have ensured its independence and reliability if that had been the case. Instead, it was set up by the Bangladeshi government itself. This is an unprecedented and unrecognized move. Even more worryingly, the government itself appointed the court members and the prosecutors and the investigation committee charged with collecting evidence. What's even more alarming is the influence of the government on the court and the judges, who, as embodied in Bangladesh's constitution, should "be independent in the exercise of their judicial functions." An independent judiciary is indispensable to the justice system but the tribunal is evidently under political pressure as revealed by the telephone conversations and e-mails of Mohammed Nizamul Huq, the former chairman of the tribunal, that came to public view in 2012.[51]

The past connections of these judges, too, confirm the suspicions that their appointments were highly political. For example one justice, Jahangir Hosen was previously a lawyer for Awami League. The presiding judge Nizamul Huq, who later resigned as chairman of the tribunal following the leak of his e-mail correspondence and telephone conversations, was a leader in the ruling party. Obaidul Islam was a student leader of Awami League's student organization Bangladesh Chatraleague. [52]

Furthermore, it obviously cannot be a coincidence that the government appoints the court members and the court members specifically target the political rivals of the government. Even the Chief Justice of Bangladesh, Surendra Kumar Sinha felt highly disturbed by the proceedings and accused the prosecution of using the trials for political ends and said: "We are very disappointed to see that you are using these trials out of your political benefits. These trials are being used for political interests." [53]

In a highly controversial move that only confirmed the suspicions of political reasons, Sheikh Hasina cancelled the registration of Jamaat-e-Islami from elections, leaving herself practically without rivals and opposition.[54]

As explained earlier, the supposedly "international" court was set up almost four decades after the crimes in question took place. Moreover, it was set up not to prosecute the Pakistani army members who actually carried out the atrocities, but instead to prosecute Bangladeshi citizens (especially those with a politically dissenting background). It should be noted that, for four decades, the people who are now being accused by the court, were not charged.[55]

In addition, international legal experts are not allowed to work in consultant capacities in ICT, despite former calls from the UN to assist with the procedures. The accused are not allowed to prepare proper defenses and are deprived of rights normally granted to other accused according to the Bangladeshi laws. Therefore, although it is named 'international', ICT, for all intents and purposes, is a national and politically-oriented court.

Since ICT is a national court, it should be governed by rules and principles that apply to national courts and the suspects should be tried according to national laws. If, on the other hand, it is claimed to be an international court, then its judges should be selected from the international community, who have the necessary expertise in such matters.

It should also be noted that setting up a court for a specific incident is a violation of human rights. According to the international treaties, every individual is entitled to be tried in a court governed by laws and that existed before the crime took place. In other words, a court cannot be set up later to investigate a certain incident.

Despite all these problems and controversies, ICT continues its existence and its persecution of political prisoners. Until now, the court sentenced many people to death, especially the leaders of the main opposition party Jamaat-e-Islami. All these problems drew constant condemnation and criticism from the international community. For instance, United Nations experts stated their concern as to the failure of the court to provide a fair trial and due process.^[56] Similarly, the US State Department said that trials must be "free, fair, and transparent, and in accordance with domestic standards and international standards Bangladesh has agreed to uphold through its ratification of international agreements, including the International Covenant on Civil and Political Rights" and urged the government of Bangladesh "to adhere to the due process standards that are part of its treaty obligations, and to fully respect the rule of law."[57]

Human Rights Watch released a number of statements and criticized the unreliability of the procedures:

The trials against (...) the alleged war criminals are deeply problematic, riddled with questions about the independence and impartiality of the judges and fairness of the process.[58]

If the Bangladeshi government wants these trials to be taken seriously it must ensure that the rights of the accused are fully respected. That means making sure that lawyers and witnesses don't face threats or coercion.[59]

The Economist also criticized the government interference, defense not being given enough time, and abduction of defense witnesses.[60]

Now let's examine the individual cases of some of the Jamaat-e-Islami leaders who were wrongfully and unfairly sentenced to death.

SOME OF THE JAMAAT-E-ISLAMI LEADERS EXECUTED BY ICT

1. PROFESSOR GHULAM AZAM

A professor of political sciences, Mr. Azam was the leader of Jamaat-e-Islami during the Liberation War. While he campaigned for a united Pakistan, he always opposed violence and repeatedly spoke against and condemned the Pakistani army for the increasing use of violence against the people of Bangladesh.[61] For instance, he called on General Tikka Han and his associates to stop their violence.[62] Throughout the war, he maintained his peaceful approach as he worked to preserve the integrity of Muslims. He believed that if Pakistan were divided, Muslims would be more vulnerable to the intervention of India.

When the war ended and Bangladesh gained its independence, he was exiled to Pakistan.

In 2012, at the age of 89, and amidst allegations of political reasons, he was arrested and then sentenced to death. Later, due to his age, the sentence was commuted to 90 years in prison by ICT. At the age of 91, he passed away in custody due to seizure.[63]

The trial process violated ICCPR (The International Covenant on Civil and Political Rights) especially with respect to the following points:

1. The arrest took place arbitrarily without a warrant.
2. The accusations were placed without evidence.
3. The accused was interrogated without even being informed of the accusations against him.
4. After the arrest, sufficient information about the accusation was not provided.
5. Attorneys were not made aware of the investigation. Therefore, they were not able to comment or challenge the allegations of the judges.
6. Information regarding the investigation was offered to the court, and not to the accused.
7. Investigation report and trial journals were not provided to the accused.
8. During the trial, the accused was not allowed to contact the attorney of his choice.
9. The accused was not given copies of verdicts and court orders during the course of the trial.
10. The accused was interrogated in the absence of his attorney.
11. International obligations were not met during the course of trial.
12. Sufficient evidence did not exist to establish guilt beyond reasonable doubt.[64]

The only supposed evidence against Prof. Azam was a photograph taken in 1971 with Pakistani army general Tikka Han. Other than this photograph, there was no evidence against him for any wrongdoing during the Liberation War. The prosecution merely referred to his efforts to prevent Bangladeshi secession.[65] However, as well known, it is incumbent upon all Muslims to make an intellectual effort for the unity of Muslims. God orders Muslims to remain united. In addition, when Muslims are separated they become vulnerable, defenseless and become easy targets of foreign intervention as we see so clearly around us today.

Moreover, the photograph in question does not mean that Prof. Azam participated in the crimes of the said individual; anyone can have their photograph taken with other people but this does not mean that they were ever involved in their crimes, unless there is clear evidence. It is quite possible that Prof. Azam met with various top leaders from both sides to negotiate reconciliation. In fact, he publicly urged the Pakistani army and General Tikka Han to refrain from violence. If he had colluded with them, he most certainly would not have publicly criticized their actions.

Indeed, one of the judges also raised objections to the blatant flaws and objected to the conviction. Justice Mohammad Ismail Uddin Sarker, the dissenting Judge, said that there was no substantial evidence against him:

… there is nothing to directly implicate the petitioner in any of the atrocities alleged to have been perpetrated by the Pakistani Army or their associates – the Rajakars, Al Badrs or the Al Shams… we do not find anything that the petitioner was in any way directly involved in perpetuating the alleged atrocities during the war of independence.[66]

Furthermore, the trial was marred by allegations of judicial bias, and collusion revealed by intercepted Skype communications (which led to the resignation of the chairman of the tribunal as mentioned earlier) between the judiciary, the prosecution and an external consultant. According to The Economist, these people discussed the Azam trial, and the judges provided a blueprint to be used by prosecution as to how they should conduct the trial, including which witnesses to call and what questions they should ask. In other words, there was clear collusion and the judges were guiding the prosecution on presenting their case against Prof. Azam.[67] The main opposition Bangladesh Nationalist Party, led by former Prime Minister Khaleda Zia, said that it was intended to weaken the opposition.[68] Nevertheless, despite the lack of evidence to prove any crime was committed, Prof. Azam was sentenced to death. ICT's ruling is apparently not legal because it was made despite the lack of substantial evidence, which was indeed pointed out by Justice Sarker as quoted above.

2. SHAHEED ABDUL QUADER MOLLA

Mr. Molla was the Assistant Secretary General for the Jamaat-e-Islami party. He was also the former executive of The Daily Sangram and a teacher. He was pronounced guilty based on uncorroborated hearsay evidence and contradictory testimony. The defense's pleas of alibi and other application were unreasonably rejected, further proving the existence of clear bias against the accused.

Amidst irregularities and violations of many legal and international laws, Mr. Molla was given a life sentence, prompting his attorneys to appeal the decision. However, in a shocking turn of events, the Supreme Court did something completely illegal, completely contradictory with the international principles of fair trial and human rights, and gave a verdict that was heavier than the original one and sentenced him to death. Moreover, the execution order was based on retroactively amended legislation. This was another violation of international fair trial standards. It should be noted that the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a state party, bans the retroactive application of criminal law that has a negative effect on the defense.

Furthermore, unlike other prisoners sentenced to death in regular courts of Bangladesh, the government did not allow Mr. Molla to appeal the death sentence. However, according to the ICCPR, everyone convicted of a crime has the right to appeal the decision.

Another very curious point about the decision is that the death sentence rested on accusations of which Mr. Molla was acquitted during the trial phase.[69] Despite all these illegalities, and despite wide protests and calls for stay from the United Nations, United Kingdom, Turkey, Australia, European Union and other human rights organizations like Human Rights Watch, and Amnesty International, he was hanged on December 12, 2013.[70]

Famous Pakistani politician Imran Khan weighed in on the topic and said that Mr. Molla was innocent and the charges against him were false.[71] Human Rights Watch also condemned the decision, saying, "It is particularly reprehensible in cases where laws were retroactively passed in order to enable the death penalty, and where the right to appeal against such a final judgment is not allowed."[72]

Abdul Quader Molla, a senior, was tortured in detention and his feet and hands were chained together from behind

Everyone Except Turkey Kept Silent

Adnan Oktar launched a worldwide campaign on social media to raise awareness of the death penalty sentence for Abdul Quader Molla. As a result, many people including official authorities in Turkey supported the call to stop the execution.

Thanks to Adnan Oktar, Turkey, both the public and official authorities made great efforts to stop the execution. In the meantime, the USA, many European countries and even many Islamic countries chose to keep silent. Sayyid Munawwar Hassan, leader of Pakistan's Jamaat-e-Islami, said that everyone but Turkey kept silent.

The following article by Mr. Adnan Oktar (under the pen name of Harun Yahya) was published before the execution of Abdul Quader Molla.

CAPITAL PUNISHMENT IS A VIOLATION OF HUMAN RIGHTS AND MUST BE ELIMINATED

Abdul Quader Molla, the leader of the Jamaat-e-Islami Party recently sentenced to life imprisonment in Bangladesh, applied to the court of appeal and was sentenced to death by the Supreme Court while waiting for the ruling to be overturned. This sentence of death, due to be carried out quietly, has been exposed to the eyes of the world, particularly as a result of our reactions in social media. The Bangladeshi government therefore postponed the sentence for one day and sought to gain time by saying it would be reconsidered by the court. At the court hearing one day later, the defense was heard solely as a formality, and the sentence of death was again imposed without any additional counsel being sought. Head of State Sheikh Hasina announced via Twitter that all the members of the Jamaat-e-Islami, denounced as war criminals on the grounds of having collaborated with Pakistan during the war of independence in 1971, would suffer the same fate and stated that Bangladesh is a secular country. However, capital punishment is a terrible practice diametrically opposed to secularism; it survives only in states that operate as empires of fear.

It is not a punishment that allows the culprit to repent, to amend his ways or to learn from the past; once a person is dead, there is no way he can learn from the past, repent or amend his ways. If the aim is the security of society, the same or better outcomes can be achieved with life imprisonment or through rehabilitation.

Capital punishment is an outmoded form of punishment that savage societies, devoid of any religious or moral values, used to regard as the only solution and that brings no happiness to the societies that enforce it. On the contrary, it turns those communities into brutal ones that seek to resolve all problems by killing, and it is always those states themselves that suffer the penalty. Sheikh Hasina may imagine that capital punishment can enforce discipline in her country. However, executions will always worsen the anger in a community, government supporters will always seek to achieve their ends through state-sanctioned homicide, and that scourge will inevitably rebound against the government itself. This can be better understood from a brief look at the countries in which capital punishment is still official policy.

Capital punishment is an outrage that cannot be softened by any calming words such as "sentencing law" or "social order". Muslim countries in particular should avoid this. Islam regards killing as a sin and teaches that killing one person is the same as killing all mankind. Some people may object to these words by citing verses about restitution from the Qur'an. However, what God truly desires and finds pleasing is forgiveness:

You who believe! Retaliation is prescribed for you in the case of people martyred: free man for free man, slave for slave, female for female. But if someone is absolved by his brother, blood-money should be claimed with correctness and paid with good will. That is an easement and a mercy from your Lord. Anyone who goes beyond the limits after this will receive a painful punishment. (Surat al-Baqara, 178)

The repayment of a bad action is one equivalent to it. But if someone pardons and puts things right, his reward is with God. Certainly He does not love wrongdoers. (Surat al-Shu'ra, 199)

As these verses from the Qur'an clearly show, the important thing is to forgive and reform. The death penalty does away with the religious duty of forgiveness. It eliminates any possibility of reformation and reintegration in society. The education that should be given in respect to the criminal in Muslim societies should be as described in this verse:

Make allowances for people, command what is right, and turn away from the ignorant. (Surat al-Ar'af, 199)

Therefore, what needs to be done in the view of Islam is first to forgive the guilty party and then teach him the fine moral virtues of Islam. To construct and enforce such a savage system as capital punishment, which is more a matter of revenge than justice, in order to gain votes or to avoid having to look after people sentenced to life imprisonment is a grave sin in the eyes of Islam.

For that reason, all countries, including Bangladesh, must speedily abolish the death penalty. All death sentences must be commuted to life imprisonment as a matter of urgency; that is what is compatible with Islam and social order. The death sentence handed down to Abdul Quader Molla in Bangladesh, which may be enforced at any moment today, must be lifted at once. Otherwise, such death sentences will continue to be silently handed down and silently enforced. Such savagery must not be allowed to continue, particularly in a country such as Bangladesh, which has serious flaws in its legal system. It needs to be known that if Molla is put to death, the turmoil in Bangladeshi society will increase and that this will be followed in turn by new death sentences. That is why a loud campaign needs to be started so that all institutions can make their voices heard and so that death sentences can be halted not only in Bangladesh, but throughout the world. We urgently await your support.

3. SHAHEED MIR QUASEM ALI

Mir Quasem Ali was a famous philanthropist in Bangladesh and dedicated his entire life to helping people who had to live in difficult conditions.

Hanged on November 2014, Mir Quasem Ali was one of the leaders of Jamaat-e-Islami and the owner of one of the largest Bangladeshi newspapers in addition to various TV and radio stations. He was a very active philanthropist, constantly working around the clock to meet the needs of refugees.

His trial procedure was similarly marred by serious irregularities and flawed legal processes. In a trial called even by the Chief Justice of Bangladesh, Surendra Kumar Sinha "incompetent and embarrassing", Mr. Ali was not allowed to summon eyewitnesses that could prove his alibi. Furthermore, while the prosecution was allowed to have 24 witnesses, the defense was allowed to have only 3 witnesses. The defendant was not allowed to be represented by his attorney of choice and the government forced the attorney to withdraw in the middle of the appeal process. Lawyers were threatened with a heavy fine when they asked the judges to review their decision to limit defense witnesses. When Mr. Ali appealed, the Bangladesh Supreme Court upheld the conviction of ICT and condemned Mr. Ali to death despite the objections of Bangladeshi Chief Justice. One of UK's top legal experts, and a member of the Parliament, Alex Carlile says: "The case before the ICT was full of inconsistencies, bias, political interference, and denial of any established national or international fair trial standard… It is therefore astonishing that, despite the clear opinions of the Chief Justice, the appeal was dismissed and the convictions and sentence upheld."

Observing the irregularities and flawed processes, Carlile confirms the suspicions about the political nature of the trials: "There has long been suspicion of political influence being wrought over ICT trials. It is clear, given the Minister's comments, and the fact that the convictions and sentence were upheld despite the Chief Justice's comments, that this suspicion has now been a significant degree more credibility. No longer can the supporters of the ICT maintain that it is transparent, independent, and respects of the fair trial rights of those individuals who appear before it."[73]

According to Human Rights Watch, the trial was full of illegalities:

"The court denied the defense the opportunity to challenge the credibility of prosecution witnesses by rejecting witnesses' earlier statements that were inconsistent with their trial testimony. The refusal to allow the accused to challenge the credibility of prosecution witnesses has been a hallmark of trials before the ICT. … The chief justice said he was "shocked" and that the prosecution's case against Ali was full of contradictions."

Chief Justice criticized the attorney general, prosecutors and investigators and said, "The prosecution and the Investigation Agency need to produce sufficient evidence to support a conviction … We feel really ashamed when we read the prosecution evidence."

The Chief Justice also accused the prosecution of using the trials for political interests and said: "We are very disappointed to see that you are using these trials out of your political benefits. These trials are being used for political interests."^[74]

In a move not entirely unexpected from Sheikh Hasina government, two ministers lashed out at Chief Justice Sinha for voicing his concerns and even suggested that the trial should take place without Chief Justice's participation.[75]

Despite all these shocking and disturbing problems, and despite wide protests from all around the world, particularly from Turkey, Mr. Ali was martyred in November 2014.

However, the shocking human rights violations didn't even end there and Mr. Ali's son Mir Ahmed Bin Quasem and a member of his legal defense team were arrested without a warrant by men in plain clothes on August 9. When he told the security forces that he knew his rights and wanted to see a warrant, he was dragged away without even being able to put his shoes on. The government denied the family's requests to allow Bin Quasem to see his father before the execution or to attend to his father's funeral. He has been held incommunicado ever since, and has not been charged with any crime.

4. SHAHEED MOTIUR RAHMAN NIZAMI 

Motiur Rahman Nizami was another former Jamaat-e-Islami leader. He served twice as a Parliament Member and acted as the Minister for Agriculture and then for Industries for the period from 2001 to 2006.

On May 11, 2016, he was martyred by being hanged. Similar to other ICT trials, his prosecution was laden with irregularities, legal mistakes and flawed procedures.

Toby Cadman, a barrister at Guernica 37 International Justice Chambers and the International Criminal Law Bureau and founder of TMC Advisory Group, criticized the unfairness of the entire procedure and wrote:

"… Nizami, like the other defendants before him, was not afforded a trial consistent with international standards of justice. This is the position adopted by a number of leading international legal scholars in a public statement issued two days before the execution in which it stated that by 'explicitly removing constitutional and fair trial protections from those due to appear before the BICT' the Government had 'undermined its effectiveness and its legitimacy from the outset, and further, set the tone for what was then to develop.' The statement, signed by an independent group of prosecutors, judges and academics

According to the prosecution, Nizami was the Chief of the Al-Badr, an auxiliary para-military force of the Pakistani Army. However, despite having access to abundant resources, the prosecution was unable to provide any evidence emanating from the conflict that would demonstrate that Mr. Nizami held such position, instead preferring to rely on inference and innuendo.

The language and the narrative of the sentence is literary and partisan rather than technical, but what it is more surprising from a legal point of view is the complete lack of analysis of the relevant elements of the crimes. Although in the appeal verdict the Supreme Court confirmed the conviction for genocide, the Court examined neither the subjective requirement (i.e. the existence of a recognizable relevant group under the genocide definition) nor the mental element of the crime, which is the essential feature of the offence.

Nevertheless, the unfairness of this trial is not limited to a concerning lack of evidence and legal analysis, but infects and abruptly removes the most basic and fundamental rights. The trial against Nizami was infected by an alarming inequality of arms: while the prosecution was afforded 22 months to conduct their investigations, the defense was granted a mere three weeks to prepare the case for trial; while the prosecution called 26 witnesses, the defence was prevented from calling any more than four. Even more worryingly is the fact that prosecution witnesses admitted to have provided false testimony after having received bribes to rehearse a certain narrative.

Despite the rhetoric advanced to the contrary, there is no moving away from the fact that the ICTB is a politically-manipulated tribunal. The 'Skypegate' scandal, which analyzed hours of conversation and emails between the ICTB judiciary and a third party, demonstrated not only that the ICTB judges follow external orders but also that the defendants' guilt is pre-determined."[76]

The UN High Commissioner for Human Rights called to stop the execution of Mr. Nizami and declared that "the trials conducted before the Tribunal have unfortunately not met international standards of fair trial and due process".[77] Nevertheless, despite worldwide protests and calls to stop the execution from Amnesty International, Human Rights Watch, the Tom Lantos Human Rights Commission, the Bar Human Rights Committee of England and Wales and the former US Ambassador-at-Large for War Crimes, the execution was carried out.

JAMAAT-E-ISLAMI SUPPORTERS ARE CONSTANTLY TARGETED BY SECURITY FORCES AND AWAMI LEAGUE-ASSOCIATED GROUPS

The government persecution of Jamaat-e-Islami was not limited to its leaders. As a matter of fact, the security forces constantly targeted almost everyone linked to the group, including Bangladesh Islami Chhatrashibir, known as Shibir, which is the student organization of Jamaat-e-Islami. 2013 has been a particularly difficult year for Jamaat-e-Islami and Shibir communities: 55 people were martyred in only one day, which made it the most violent day in the political history of Bangladesh. This frenzy created a state of panic in the whole of Bangladesh. From February 28 to March 6, 2013, 97 were martyred by indiscriminate shooting by the police, BGB and RAB. 46 of these people were from Jamaat-e-Islami and Shibir, 6 from BNP, 1 from LDP, and 33 were unlinked to any political party. In Satkhira 19 people were martyred, in Bogra 14, in Rangpur 9, in Gaibandha 8, in Thakurgaon 7, in Jaipurhat 6, in Noakhali 4, in Rajshahi 3, in Sirajganj 2, in Cox's Bazar 3, in Chapainawabganj 4, in Chittagong 4 and 1 each were martyred in Moulvibazar, Natore, Mirpur of Dhaka, Dinajpur, Keraniganj, Nilfamari, Senbag, Ullapara and Horinakunda. Below is a list of some Jamaat-e-Islami activists reportedly martyred by Awami League leaders and its wing branches in 2013.

1) Name: Abdul Hakim. Age: 39. Place: Chittagong. Abducted and martyred by Awami League gangs according to family members.^[78]

2) Name: Kamal Uddin. Age: 34. Place: Chittagong. Abducted and martyred by Awami League gangs on September 2, 2011.

3) A local leader of Jamaat-e-Islami was shot dead in Chouddagramupazila by the activists of Awami League. The local unit of Jamaat-e-Islami called a protest. Police fired at least 50 rounds of bullets to disperse the protesters and arrested 24 Jamaat-e-Islami men.^[79]

4) Name: Ibrahim. Age: 24. Place: Comilla. Date: February 16, 2013. Shot by the police.

5) In a ruthless attack carried out by policemen and Border Guard members, 10 members of Jamaat-e-Islami and Shibir; Rabiul Islam, Shahin Mia, Saifullah, Abul Hasan, Ali Mostafa, Tuhin Mia, Anwarul, Mosharraf, Emdad and Iqbal were martyred in Satkhira.

6) Asikur Rahman. Age: 43. Place: Rongpur

7) Shahed Ali. Age: 43. Place: Rongpur

8) In Chapainawabganj district, Jamaat-e-Islami workers have been martyred in the violence targeting Jamaat-e-Islami and Shibir protestors.

9) Name: Lokman Hossen. Place: Moulovibazar. Mr. Hossen was martyred by police fire on the protesters. He was a Jamaat-e-Islami activist.

10) One Jamaat-e-Islami worker named Foyzar Rahman was martyred by police in Dinajpur.

11) Name: Abu Taher. Place: Satkania, Chittagong. Date: March 2, 2013.

12) Name: Shahidul Islam. Place: Satkania, Chittagong. Date: March 2, 2013.

13) Jamaat-e-Islami worker Alamgir Hossain was martyred in Bogra. Date: March 3, 2013.

14) Jamaat-e-Islami activist Badal was martyred in Bogra. Date: March 3, 2013.

15) An injured Jamaat-e-Islami activist named Selim Mia later succumbed to his injuries on March 5.

16) A Jamaat-e-Islami activist in Jessore was martyred in clashes that erupted following the execution of Abdul Quader Molla at Dhaka Central jail.

17) In Jessore, a Jamaat-e-Islami activist, Ashraful, 20, of village Mohiran, was knocked down and martyred during a protest of Abdul Quader Molla's execution.^[80]

18) Dr. Fayez, vice-president of Lakshmipur district Jamaat-e-Islami, was martyred by members of law enforcement.

19) Jamaat-e-Islami supporter Habibur Rahman Habi, 35, was shot dead by members of law enforcement. Hewasson of Akbar Ali, another Jamaat-e-Islami leader, had been abducted three days earlier by members of the law enforcement agencies. On December 15, his lifeless body was found beside Kadamtala Bazar with bullet wounds in his chest and head.^[81]

In 2013, the government arrested around 30,000 Jamaat-e-Islami-Shibir leaders and activists and filed about 16,000 false cases against leaders and activists.[82]

Other incidents

Arrests during the Independence Day Rally

On March 26, 2011, the Independence Day of Bangladesh, members of Shibir gathered in Kakrail to join the colorful rally arranged as a part of the countrywide programs to celebrate the Independence Day. At least 20 Shibir activists were injured by a sudden attack. 16 people were detained.^[83]

Clashes of September 19, 2011

Jamaat-e-Islami-Shibir activists were injured and 300 were detained across the country.[84]

Murder and Attack on Shibir during General Strike

Jamaat enforced a general strike to demand the release of its leaders from prison on 4 December 2012. About 400 leaders and activists of Jamaat-e-Islami and Shibir were arrested across the country. One Shibir activist, Mujahid, was martyred on the night of 3 December, in protests ahead of the strike, and hundreds of activists were injured as a result of police attacks.^[85]

An Operation in Central Office of Shibir

Police attacked the Dhaka City office of Jamaat-e-Islami and forced the office staff to leave. The police had been carrying out this raid for the fourth day in a row, but did not admit it even once.^[86]

Police Attack in Sylhet

Police attack on Bangladesh Jamaat-e-Islami and Shibir activists left at least 35 injured.^[87] The incidents took place in two phases around 4 pm on September 11, 2011 at the Sylhet city's Zindabazar and Chouhatta intersections. The clashes ensued when police blocked a procession of Jamaat-e-Islami and Shibir activists demanding release of its central leaders.

The demonstration of hundreds of Jamaat activists began at the Court point led by Sylhet Metropolitan President Ehsanul Mahbub Zubair. As soon as the group reached Shyamoli Centre, police started spraying tear gas at the demonstrators despite the peaceful progress of the protest. Then police fired 30 rounds of rubber bullets and 25 rounds of teargas shells at the activists. Three Jamaat-e-Islami activists, Shahjahan Ali, Shahriar Alam and Anwarul Wadud sustained serious injuries.^[88]

Dhaka University of Engineering Technology (DUET)

The BCL (Bangladesh Chhatra League, the student front of the Bangladesh Awami League) faction of Dhaka University of Engineering Technology (DUET)^[89] launched an unwarranted attack over the Shibir activist students on October 27, 2011. According to the sources, some posters criticizing the activities of the present government were hung on walls of the campus in the name of "Conscious Students Society". BCL activists suspected Shibir for the posters and attacked them with iron rods and batons at about 1:30 am. As a result, about 15 activists including the Secretary of DUET Shibir were severely injured. Later, they barged into the rooms of Shibir workers and collected all their books, clothing and beddings and burned them. Not even a disciplinary action was taken against responsible BCL groups. However, Shibir students left the campus.^[90]

Islamic University of Kushtia

When a Shibir activist, Rezwan, was stabbed by BCL groups, a skirmish ensued between BCL and Shibir in the Islamic University of Kushtia on October 26, 2011.^[91] The BCL groups then attacked Shibir with firearms and cocktail bombs. Police initially played an inactive role, but later sided with BCL by attacking Shibir activists with batons and tear gas. More than 30 Shibir activists were injured.

BCL-men Fire at Shibir in Broad Daylight

The BCL groups were seen opening firing on Shibir activists in RU.^[92] At least 25 students were injured in the fierce clash that followed in the Rajshahi University.

Arrest of 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 with charges of street violence.[93] However, supporters of the party were holding a peaceful street protest when police charged at them with batons on September 12, 2011. ATM Azharul Islam's two sons Taslim Azhar and Ali Azhar were also arrested. Jamaat-e-Islami members were remanded for 19 days, after which they were sent to prison. During this time, they were subjected to physical and mental harassment, were not given food regularly, and were denied the freedom to say their prayers.[94]

Arrest of Professor Mujibur Rahman

Police had detained 20 Bangladesh Jamaat-e-Islami men, including Professor Mujibur Rahman, 56, former Member of Parliament, Assistant Secretary General of Bangladesh Jamaat-e-Islami Central committee and President of Sramik Kolyan Federation, on October 28, 2010. They were holding a special prayer at their Mirpur local office for Habibur Rahman, a party activist who was martyred on October 28, 2006 by an Awami League-led 14-party alliance. During the prayer, police raided the office and arrested them without a warrant of arrest.

Arrest of 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. They were charged with assaulting police and obstruction of justice. Among the accused were Dhaka city unit Jamaat-e-Islami Nayeb-e-Ameer Prof. AKM Nazir Ahmad, lawmaker Hamidur Rahman Azad, executive members Maulana Rafiuddin Ahmed and Maulana ATM Masum and the party activists Rafiqunnabi, Abdur Rahman and Maulana Abdul Mannan. Later, police picked up 12 more leaders of Jamaat-e-Islami and Shibir from the court premises. [95]

Arrest of Principal Izzat Ullah

Principal Maulana Mohammad Izzat Ullah is a member of the Central Executive Committee of Bangladesh Jamaat-e-Islami. He is also the Chairman of Satkhira Islamic Community Hospital. On 20^th April 2011, during a visit to Faridpur, Principal Izzat Ullah was arrested without a warrant. [96]

Arrest of Dr. Abdullah M. Taher

Bangladesh police arrested former Jamaat-e-Islami lawmaker Dr. Syed Abdullah Mohammad Taher after Dhaka's Metropolitan Sessions Judge-in-charge rejected the bail petition.

On August 8, 2010, Police sub-inspector (SI) Nasim Uddin filed a case against Mohammad Taher. He was accused of making threatening remarks against the government in a round table meeting organized by Youth Forum held at the National Press Club on August 4. He allegedly said, "Jamaat-e-Islami has the capacity to jeopardize the government. But we are not doing that for strategic reasons." It was alleged in the case that the statement made by Dr. Taher amounts to sedition against the state. After his request for bail was rejected, he was arrested.

Violators of Human Rights Usually Remain Unpunished

The illegal practices of Bangladeshi security forces and Awami League-affiliated organizations against political dissidents mostly go unnoticed and unpunished. Indeed, Sheikh Hasina makes statements that are interpreted by many as giving free rein to security forces to use disproportionate force. This situation does not only apply to persecution of Jamaat-e-Islami. For instance, in February 2009, more than 60 top army officials, all highly professional, patriotic people, were martyred in Pilkhana BDR headquarters. According to the investigation report of Bangladesh Army, AL government was directly involved in the murder of the top army officers. Later, wives of martyred army officers were raped and molested by the rogue BDRs. In March 2010, in an effort to destroy the evidence of this crime, and according to the reports, the government forces killed extrajudicially more than 50 BDR members involved in this crime.[97] Nevertheless, Awami League government is not taking any steps to bring to justice the real perpetrators of these crimes.

Although Bangladesh ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter Convention against Torture) in 1998 and the International Covenant on Civil and Political Rights in 2000, the cases of torture and mistreatment continue at full speed. Although both treaties ban the use of torture and obligate the State Parties to punish the culprits of such crimes, the situation remains the same or is worsening in the country. In almost every case of torture and mistreatment, the perpetrators enjoy almost complete impunity.

In addition, according to the International Covenant on Civil and Political Rights (ICCPR) 1966, of which Bangladesh is a signatory, authorities are not allowed to unreasonably restrict the peaceful protests or assemblies.[98] However, violent suppression of peaceful assemblies and protests has become a common sight in Bangladesh.

Under ICCPR, the country is obliged to provide a fair and public trial for anyone regardless of their beliefs or political affiliations. But the current government is failing on that account as well.[99] Jamaat-e-Islami leaders are arbitrarily arrested, seemingly for purely political reasons, accused of alleged crimes from decades ago without any evidence or witnesses by judges and prosecutors known to be linked to the government, and are most of the time sentenced to death.

Despite these clear mandates in the international and domestic laws, Bangladesh continues to see extensive violations under the rule of the Sheikh Hasina government. Therefore, we urge the Sheikh Hasina government to halt the illegal practices and bring to justice all that have carried out crimes against citizens.[100]

Repeated arrest of Satkhira District's Nayeb-e-Ameer Maulana Rafiqul Islam

Satkhira district's Nayeb-e-Ameer Maulana Rafiqul Islam has been repeatedly arrested since 2010. He was once again arrested in 2015 and his family was not given any information about his health or whereabouts.^[101]

Sting Operation & Torture of Students

On December 20, 2012, police arrested 37 Shibir leaders in a sting operation, including Sazzad Hossain, the President of Dhaka City West branch of Shibir.[102] Hossain was subjected to severe torture. Furthermore, the police used his mobile phone to track and call other Shibir leaders, who were then arrested and tortured as well.[103]

The torture was so severe; all of the arrested had their eyes poked out, one was completely smashed but was still forced to walk. All of them had their nails pulled out. These victims were forced to appear in the court in that state.

Delwar Hossain Saidy: A Popular Young Student Leader Made Half Paralyzed

Delwar Hossain Saidy is a brilliant student and the president of Shibir.[104] His organization is facing government intimidation, brutality, and massacre mostly because of their opposition to government.[105]

Delwar at the time of arrest

Delwar after brutal torture in detention

He was arrested on March 31, 2013 while he was at his relative's house in Dhaka. According to the newspapers report, police prepared around 350 cases against him. During the time he was in detention, he was so severely tortured he had to be carried to the courtroom. Nevertheless, his detention continued and all his nails were pulled out.[106] No treatment was offered despite his condition.[107]

Unconscious, paralyzed yet leg chained!

Arrest of 20 Female Activists of Jamaat-e-Islami

Police arrested 20 young female students and another old woman (the wife of executed Jamaat-e-Islami Leader Abdul Quader Molla) on December 17, 2012 at an apartment in Maghbazar, Dhaka.[108]

This is an escalation of the already torturous regime in place to silence the opposition, especially Jamaat-e-Islami's activities. A police team led by AC Shibly Noman of Ramna Zone and OC of Ramna Police Station Shah Alam raided an apartment at Maghbazar where the Central Office of that organization is located. They searched the whole place for more than 4-5 hours and then arrested the girls. Besides breaking all the customs and laws, no female police were deployed during the operation on those female students. Despite countrywide protests, the government continued its autocratic disposition again by placing twenty-one female student party members on a two-day remand through magistrate trial.

April 21, 2014: Jamaat-e-Islami UP member martyred after being abducted

The body of an abducted Union Parishad (or Union Council, which is the smallest rural administrative and local government unit in Bangladesh) member and a front-line upazila (a sub-unit of district) Jamaat-e-Islami leader has been found in Jhenaidah Sadar Upazila. His name was Abul Kalam Azad, 40 and he was the son of the late Mohammad Ali Mondal from Kotchandpur Upazila. Azad was the running Union Parishad member of Elangi union in Jhenaidah Sadar and brother of Kotchandpur vice chairman and Jamaat-e-Islami Secretary Mohammad Moabiya. According to the accounts, on the night of April 18, 5-6 plain-clothed police officers took Abul Kalam from his residence. On April 21, his bullet-hit body was found in Mamunshia Bakultala.[109]

April 24, 2014: Jamaat-e-Islami leader shot by police

Police shot Kabir Ahmed, 47, a Jamaat-e-Islami leader in the right leg. According to the reports, police arrested him and then at the Ashashuni police station, police officers requested a large amount of money from him, who refused it because he couldn't afford it. Next morning police dropped him at a place named Chandpur, with eyes and hands tied up. Police ordered him to run and when he refused, one police officer shot him in the leg. The locals then recovered him from the spot and got him admitted into a nearby hospital.[110]

April 27, 2014: Shibir leader shot dead, 7 bullets found in the body

A leader of Shibir was shot dead by police in Satkhira town. Seven other activists were also injured by gunfire. Aminur Rahman, the town unit president of Shibir, died on the spot while the activists were admitted to Satkhira General Hospital. Shibir activists claimed that police entered the house and shot them after blindfolding them.

According to eyewitness accounts, around 3:00 p.m. on April 27, police teams staged an unwarranted raid on Mukul bari student hostel and started firing live bullets. As per testimonies of multiple arrested leaders, an armed intelligence policeman suddenly entered the premises and shot Aminur in the chest. The bullet punctured his lungs and ripped through his heart. The policeman then shot at Aminur's feet several times. Then the police officers started firing at other students as well. Most were shot in their feet and witnesses informed of pools of blood where the injured students lay on the floor.

The other students injured at the site of the police operation were Mohammad Abu Taleb, 30, son of Abu Bakr Gazi from Kollyanpur village of Ashashuni upazila, Mohammad Azizul Islam, 30, son of Abdus Sattar of Khan Jahan Ali thana of Khulna, Sheikh Abdul Gafur, 23, son of Abdul Haque of Mongolandokathi village of Tala upazila in Satkhira, Nur Mohammad, 18, son of Sohrab Hossain of Jhaudanga village of Satkhira town, Abdus Sobur, 18, son of Abdul Haque of Mongolandokathi village of Tala upazila in Satkhira, Mohammad Imran Hossain, 26, son of Mahbub Gazi of Parshekhali village of Shyamnagar upazila of Satkhira and Mohammad Akhtar Hossain, 25, son of Shahajahan Ali of Jugipol village of Khan Jahan Ali thana of Khulna. They were later taken out into the open one by one, and shot in front of shocked onlookers and witnesses. Some onlookers were reported to have lost consciousness at the sight of the police brutality. Seriously injured and in critical bloody condition, the students were roughly manhandled and shoved forcefully into the police vehicles.[111]

April 28, 2014: Police attempted to kill two Shibir-men

According to accounts, in Jessore, police forces attempted to murder two Shibir leaders named Ruhul Amin and Abul Kashem. Police officers first arrested them without any charges against them and blindfolded them before firing at them. The injured leaders were later admitted into hospital. Police tried to hide the incident and claimed that it was an operation to recover weapons. Three days later the police attempted to kill another Jamaat-e-Islami activist named Mushahid in the same manner.[112]

April 29, 2014: Jamaat-e-Islami activist martyred in Satkhira

On April 29, Sirajul Islam, 45, an activist of Bangladesh Jamaat-e-Islami was martyred by police at Kewratala village. He was a resident of Chiledanga village. Locals said on this day police, along with Chhatra League activists, went to Sirajul Islam's home and arrested him. No family members of Sirajul Islam were allowed to see him at the police station. According to the reports, police took him to a nearby place named Kewratala the next day and shot him in the chest. Severely injured, Sirajul was rushed to Sakhipur Hospital where he was pronounced dead.[113]

May 2, 2014: Jamaat-e-Islami activist beaten to death

On May 2, some thugs reportedly controlled by Awami League beat a Jamaat-e-Islami activist Akhtar Hossen Akku, 46, to death. He was attacked as he was returning to his home.[114] On May 1, another Jamaat-e-Islami leader in Satkhira's Debhata was shot by police. Police shot him after blindfolding him and later told the media that he was shot in a shootout between police and Jamaat-e-Islami men.

May 6, 2014: Jamaat-e-Islami leader abducted & martyred by police

On May 6, around midnight, police arrested the Superintendent of Sadpur Dakhil Madrasa of Thekra village under Kaliganj Upazila of the Satkhira district and local Jamaat-e-Islami leader Maulana Ashraful Islam, 40. Police later took him to Vodrakhali High School and around 2:30 a.m. shot him. He died on the spot.

In addition to this case, law enforcement officers have martyred 31 leaders and activists of Jamaat-e-Islami and Shibir in Satkhira in a short amount of time. Hundreds of people were injured by police fire.

May 10, 2014: Shibir man severely injured by shoot-to-kill

Solaiman Kabir, a grad-student of Hamidpur Degree College and local leader of Shibir was severely injured by police.[115]

May 12, 2014: Former lawmaker and Jamaat-e-Islami top leader arrested

On May 12, the police arrested 21 leaders and activists of Chittagong city unit Jamaat-e-Islami. Shamsul Islam, ameer of Chittagong city unit Jamaat-e-Islami, former lawmaker, Nazrul Islam, secretary general of the unit, and its assistant secretary general AZM Obaidullah are among the arrested figures. Meanwhile, Chittagong city Jamaat-e-Islami called a dawn-to-dusk protest for the next day in Chittagong, Cox's Bazar and three hill districts, against the arrest of its leaders and activists.

When the police arrived, Jamaat-e-Islami leaders were holding their regular monthly meeting. Suddenly a joint team of Chawk Bazar and Kotwali police raided the Jamaat-e-Islami office at Dewan Bazar around 5:30 p.m., and arrested the 21 Jamaat-e-Islami leaders and activists, charging them of planning 'subversive activities'.[116]

April 10, 2014: Jamaat-e-Islami activist martyred in skirmish with Awami League supporters in Sirajganj

A local activist of Jamaat-e-Islami was martyred and 13 other people were injured in a skirmish between Awami League men and them at Chardhuligari village in Belkuchi upazila on April 10. The deceased was identified as Alamgir Hossain, 35.

The problem started when, around 10 p.m., some Awami League activists under the leadership of Abdul Majid attacked Aslam Uddin's house. As a result, BNP and Jamaat-e-Islami men responded, which triggered a clash. Awami League thugs attacked BJI and BNP men, leaving Alamgir dead on the spot.[117]

ENFORCED DISAPPEARANCES OF JAMAAT-E-ISLAMI LEADERS

In recent years, the enforced disappearance of Jamaat-e-Islami and Shibir activists have steadily increased. People are taken in broad daylight by men claiming to be members of law enforcement agencies and most of the time, their lifeless bodies are found later abandoned. However, law enforcement agencies refute that they took these people. Some examples can be found below:

Jamaat-e-Islami Leader Missing in Rajshahi

Maolana Aminul Islam was an activist and the president of Jamaat-e-Islami Rajshahi unit. He was also a teacher and an imam at a local mosque. On October 23, 2011, plain-clothed people who introduced themselves as members of a law enforcement agency came to his residence and took him to an unknown location.[118]

Next morning his family members went to the police station but police claimed that they did not arrest Aminul Islam. No other law enforcing agency provided any information about the whereabouts of Aminul Islam. Zahra Khatun, his wife, has made a general diary entry in the Rajpara police station. It is feared by the family members that he might have been abducted by members of the ruling party out of political enmity.

Disappearance of Al Mukaddas

Since February 4, 2012, two students of Islamic University, Kushtia have been missing. They are Al Mukaddas, a 3rd year student of AL Fiqh and Md. Waliullah, 4th year student of Daw'ah and Islamic Studies Department. Mukaddas was also cultural affairs secretary of the Islamic University unit of Shibir, while Waliullah was Finance secretary of the same. Waliullah came top of his class in 2005-2006.[119]

Murder of Shibir leader Shahadat in crossfire

Abdullah Omar Nasif alias Shahadat, an activist of Shibir was abducted by RAB on May 4, after he came to Dhaka to join the rally of the 18-Party Alliance. After seven days, he was martyred at Kajla supposedly after getting caught in 'crossfire'.

Abduction of Tazammul Ali and Azizur Rahman

Tazammul Ali, a brilliant Masters student of the Islamic Studies department at Rajshahi University (2007 - 2008 session) and Azizur Rahman, another brilliant Masters student of the Arabic department at Rajshahi University (2005 - 2006 session) were abducted by the security forces in Dhaka on June 24, 2013. They haven't been heard of since then.

Abduction of Abdus Salam and Nurul Amin: Disappeared while searching for others

Abdus Salam, the Student Welfare Secretary of Rajshahi University Shibir Unit and Nurul Amin, the president of Bhatara Thana of Dhaka City North Unit of Shibir, became the victims of forced disappearance while searching for two others that disappeared earlier. Abdus Salam came to Dhaka from Rajshahi on the night of June 25 to assist the families of Tajammul Ali and Azizur Rahman to collect information about their disappearance. Abdus Salam and Nurul Amin were abducted in the same way from the nearby area of Gulshan Thana. The incident occurred in front of Gulshan Thana in the presence of the public. Abdus Salam was a Masters student of the department of Law and Justice at the University of Rajshahi. Nurul Amin was studying for his Masters degree in Management at Jagannath University.

Abduction of Hafej Jakir Hossain

Jakir Hossain, the acting president of Dhaka City West Adabor Thana Unit of Shibir went missing on April 2, 2013. According to eyewitnesses, a group of white dressed men came, claimed to be members of RAB-2 and took him.

Abduction of Anuwarul Islam Masum

Anuwarul Islam Masum was studying for his Masters in the department of Math at Rajshahi College when he was arrested on the night of April 4. Led by Chief of RAB-5 Anwar Khan Lotif, a team consisting of 40-50 members including Nahid and Bulbul entered the residence of Masum's uncle at about 2:30 p.m. by breaking the gate and the lock of the house. After the arrest, Masum was tortured and his personal belongings including his laptop and mobile phone were taken. They later handcuffed him and took him away. When Masum's family went to RAB-5 office to ask for him, the office denied that they arrested him. Family members of Masum held a press conference on April 7, and presented clear evidence of his arrest. However, even today the law enforcement agencies continue to refuse they arrested him. No one knows whether Masum is alive or not.

SHIBIR ACTIVISTS MARTYRED BY SECURITY FORCES AND AWAMI LEAGUE- AFFILIATED ORGANIZATIONS

As explained earlier, Islami Chhatrashibir, known as Shibir, is the student wing of Jamaat-e-Islami and is active in many colleges and universities including the University of Chittagong, University of Dhaka, Rajshahi University, Islamic University, Begum Rokeya University, Carmichael College. It is the biggest student group in Southeast Asia.

Shibir members are actively targeted by Bangladeshi security forces and Awami League's student organization, the Student League. Since 2010, random raids on student residents have become more frequent and any Shibir supporter found has been detained. Many Shibir activists were martyred, many were injured, many were unlawfully detained and tortured. Below is a list of some Shibir activists martyred by the government forces during the period between 2009 and 2013.

The persecution and repression continued and escalated after 2013. However, the difficulty of accessing information regarding what happens in the country makes it a testing job to compile accurate data. Nevertheless, newspapers reported that in May 2017 alone, twenty-five Shibir students were arrested for anti-government activities.[120]

JAMAAT-E-ISLAMI IS A CONSTITUTIONAL ENTITY

Jamaat-e-Islami, established in British India in 1941, is one of the oldest parties in the subcontinent. The party started its efforts in what is now known as Bangladesh in the 1950s as a moderate Islamic political party working for democracy, human rights and the rule of law. The party is committed to establishing a just society through democratic processes and believes that only elected representatives of the people should be given the right to rule. For that reason, during more than half a century of its existence, Jamaat-e-Islami has followed the democratic path and participated in almost all the national and local elections. It has complied with the laws of the country and despite extreme provocation and political repression, always sought its rights through legal means.

Jamaat-e-Islami's participation in the democratic movements

From the early 1960s Jamaat-e-Islami, together with other political parties, was active against the autocratic government of Ayub Khan. Jamaat-e-Islami was at the forefront of the political platform that consisted of Pakistan Democratic Movement (PDM), Combined Opposition Parties (COP) and later the Democratic Action Committee (DAC). This platform fought against the autocratic regime of Ayub Khan. The Awami League was also an active component of COP and DAC.

In the 1980s, Jamaat-e-Islami took part in the mass movement for restoration of democracy side by side with the two major political parties; the BNP and the Awami League. In this long struggle for restoration of democracy, BNP, Jamaat-e-Islami and the Awami League worked together in liaison committees and together formulated common programs. It is a historical fact that Jamaat-e-Islami was the first political party to raise the demand of holding Parliamentary elections under a neutral Caretaker Government. In the movement for incorporating the concept of a Caretaker Government in the Constitution, Jamaat-e-Islami, Awami League and Jatiya Party fought side by side. They together held press conferences.

During this time, numerous meetings were held between the leaders of Jamaat-e-Islami, BNP and Awami League in which Jamaat-e-Islami leaders including Matiur Rahman Nizami, Ali Ahsan Mohammad Mujahid, Mohammad Qamaruzzaman, Abdul Quader Molla, ATM Azharul Islam and others were present. The evidence of those meetings can be found in the press archives of the years from 1984 to 1990. After the general elections of 1991, on behalf of Awami League, Amir Hossain Amu made an offer to Jamaat-e-Islami through Ali Ahsan Mohammad Mujahid, the present Secretary General of Jamaat-e-Islami, to form a government with the help of 18 MPs of Jamaat-e-Islami. In return Jamaat-e-Islami was offered 2-3 ministries with a number of seats reserved for women MPs.

During the movement for caretaker government the leaders of Jamaat-e-Islami and Awami League held joint press conferences. In one press conference, addressed from the precinct of the Parliament House in 1996, the then leader of the opposition Sheikh Hasina, the leader of the Jamaat-e-Islami Parliamentary party Matiur Rahman Nizami and that of Jatiya Party Moudud Ahmed were all present. The national dailies published photographs of that event.

Jamaat-e-Islami's participation in the national elections

Jamaat-e-Islami has been represented in the Parliament since 1962. It has participated in all the Parliamentary and local elections with a view to institutionalizing democracy. In the Parliamentary elections of 1962, Jamaat-e-Islami won 4 seats in the National Assembly and 2 seats in the Provincial Assembly from what was then East Pakistan. In the general elections of 1970, although Jamaat-e-Islami did not win any seat in the National Assembly of East Pakistan, it emerged as the second largest political party next to Awami League. In the Provincial Assembly election of 1970 Jamaat-e-Islami won 1 seat in the district of Bogra.

After the independence of Bangladesh, Jamaat-e-Islami could not take part in the elections of 1973, because all the Islamic political parties including Jamaat-e-Islami were outlawed. However, Jamaat-e-Islami took part in 1979 Parliamentary elections under the name Islamic Democratic League (IDL) and secured 6 seats in Parliament with its leader Mawlana Abdur Rahim elected from Barisal. In 1986 Jamaat-e-Islami won 10 seats; in 1991, 18 seats; in 1996, 3 seats; and in 2001, 17 seats in Parliament. Jamaat-e-Islami has the support of about 15% of the total electorate. Jamaat-e-Islami also participated in the coalition government of 2001. Jamaat-e-Islami's Chief Mawlana Matiur Rahman Nizami, who was hanged recently by the Awami League government, had served as the Minister of Agriculture and Minister of Industry. In addition, Secretary General Ali Ahsan Muhammad Mujahid served as the Minister of Social Welfare. Even the most fervent opponents of Jamaat-e-Islami admit that those Ministries were run efficiently and honestly. It should also be noted that Bangladesh Nationalist Party (BNP) could not have formed the government in 1991 without the support of the Jamaat-e-Islami in Parliament.

Allegations of Terrorism Against Jamaat-e-Islami

As mentioned earlier, Jamaat-e-Islami has always advocated democracy, human rights and rule of law. In late 2005, a series of bomb blasts shook Bangladesh. The terrorists, wrongly claiming to act in the name of Islam, martyred people including two judges of the Subordinate court. The opponents of Jamaat-e-Islami wanted to implicate Jamaat-e-Islami in the incident. However, Jamaat-e-Islami had always been against violence and when the horrendous terror attack happened, the party took a firm stance against all sorts of violence and terror, issued press statements, organized meetings and rallies across the country. Encouraged by Jamaat-e-Islami, many religious leaders of the country united and all together condemned those acts of terrorism. As a matter of fact, these efforts of the Jamaat-e-Islami made it easier for the police to arrest and bring to justice the terrorists.

Allegations of War Crimes Against Jamaat-e-Islami Leaders

Allegations are frequently made against Jamaat-e-Islami that it organized paramilitary forces like Al-Badr, Al-Shamas and Razakar, and committed atrocities in the Liberation War of 1971. Jamaat-e-Islami strongly denies any involvement in such atrocities. In those days, the paramilitary forces were organized locally by the then Government under a provincial legislation, namely the Razakar Act 1971, and it had no central command.

Jamaat-e-Islami also denies any involvement whatsoever in the abduction and murder of journalists and academics. One member of Jamaat-e-Islami, Abdul Khalique Mojumder, was prosecuted and convicted by a subordinate court in the 1970s for his alleged involvement in the killing of an intellectual namely Shahidullah Kaiser, but his conviction had been set aside by the High Court. The government did not file any appeal in the Appellate Division of the Supreme Court against the judgment of the High Court Division.

It is true that the then Jamaat-e-Islami supported the cause of a united Pakistan. It was Jamaat-e-Islami's political decision and there is absolutely nothing wrong in having a particular political view. The Bangladesh Collaborators (Special Tribunals) Order, 1972 was promulgated to help try individuals or members of organizations who directly or indirectly acted as collaborators or abettors of the Pakistan Armed forces. This Presidential Order was later repealed by the Bangladesh Collaborators (Special Tribunal) (Repeal) Ordinance, 1975. On July 19, 1973 Parliament passed the International Crimes (Tribunal) Act, by which a legal framework was created to try the war criminals. No member or leader of Jamaat-e-Islami was accused or tried back then or during the four decades that passed until the recent formation of ICT.

Double standards in politics

The Awami League was in power for two terms: from 1972 to 1975 and 1996 to 2001. As mentioned before, during these two terms Awami League took no steps to try the leaders of Jamaat-e-Islami for the so-called war crimes. In fact, during the mass movement for restoration of democracy in the 1980s and during the movement for a Caretaker Government in the 1990s, the Awami League had no qualms about working side by side with Jamaat-e-Islami leaders. Then things suddenly changed and the government adopted a completely different tone. In March 2010, the State Minister of Bangladesh openly asked the police department to eradicate Jamaat-e-Islami and its branch organization Shibir.[125] It should be noted that Jamaat-e-Islami has steadily increased its public support from 100,000 in 1971 to 10,000,000, which made it an intimidating political rival.

Jamaat-e-Islami was not the only party supporting a united Pakistan

Jamaat-e-Islami was not the only political party to support the cause of a united Pakistan. There were other parties like the Muslim League, Nezam-e-Islam Party, Jamiyat Ulema Islam, the Pro China Communist Party who also campaigned for a united Pakistan. Furthermore, many university professors, doctors, engineers, journalists and religious leaders, all respectable names in the society, also supported the idea.

Although Jamaat-e-Islami accepted Bangladesh since December 16, 1971 and has been working for its welfare and sovereignty, today it has been singled out for the sake of political gains.

Black Propaganda Against Jamaat-e-Islami

Despite the black propaganda that is raging on against the Jamaat-e-Islami, the group has always spoken for peace and democracy. Their leaders repeatedly condemned terrorism and violence As a matter of fact, all Jamaat-e-Islami leaders are respectable members of the society and known for their integrity and honesty. Many of them participated in general elections and were elected as Members of Parliament. They faithfully discharged their duties as MPs and even as ministers. According to the amended Representation of the People Order, a war criminal is debarred from candidature in general elections. Had Jamaat-e-Islami leaders been implicated in war crimes, they would not have been allowed to take part in the last general elections in 2008.

Opposition is Vital for a Strong Democracy

BANGLADESH'S OBLIGATIONS UNDER INTERNATIONAL LAWS

As a party to the International Covenant on Civil and Political Rights (ICCPR), and various other treaties, current Bangladeshi government is expected to respect, protect and guarantee the rights explained in these documents. According to its obligations under these treaties, the government is kindly urged to respect and not interfere with the citizens' right to exercise their human rights. These rights include, among others, the right to life, freedom of belief, freedom of thought and expression, dignity, and security. For this reason, it is imperative that Sheikh Hasina government treats all its citizens with respect to their rights, without any discrimination. Everyone should be offered justice and fairness, no matter what their political affiliations or beliefs might be.

Bangladeshi authorities, per ICCPR, should not arbitrarily arrest or detain any citizens. As the UN Working Group on Arbitrary Detention has said, the arbitrary detentions in Bangladesh as well as the government's refusal to grant bail violate Article 9 of the Universal Declaration of Human Rights and Article 9 of the International Covenant on Civil and Political Rights.[126]Furthermore, those who are detained should be immediately informed of the charges against them and should be given a fair trial by a competent, impartial court within a reasonable amount of time. They also have the right to have a legal counsel, and should not be forced to testify. More importantly, no one that is detained should be treated inhumanely (Article 10) according to the UN Body of Principles for the Protection of All People under Any Form of Detention or Imprisonment[127] and UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). However, some officers appointed by the Sheikh Hasina government have shown clear disregard for their obligations, especially towards the members of Jamaat-e-Islami.

A. INTERNATIONAL OBLIGATIONS

Bangladesh has accepted or acceded to the following international human rights treaties:

1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (October 5, 1998)[128]
2. International Covenant on Civil and Political Rights (September 6, 2000)
3. Four Geneva Conventions of 1949 (1971) and Additional Protocol I and II to the 1949 Geneva Conventions (September 8, 1980)
4. International Convention on the Elimination of All Forms of Racial Discrimination (June 11, 1979)
5. Convention on the Rights of the Child (August 3, 1990)
6. Convention on the Prevention and Punishment of the Crime of Genocide (October 5, 1998)
7. Convention on the Elimination of All Forms of Discrimination against Women (November 6, 1984)
8. International Covenant on Economic and Social Rights (October 5, 1998)

Therefore, Sheikh Hasina government and other respective authorities are kindly urged to respect these treaties.

PROHIBITION OF TORTURE PER INTERNATIONAL LAW

According to customary international law, all countries including Bangladesh are prohibited from practices of torture. Furthermore, the International Covenant on Civil and Political Rights and the Convention against Torture require Bangladesh to ban torture in its laws.[129] This is also part of international humanitarian law.[130] According to Article 2 (1) of the Convention against Torture, each State Party should "take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction." In addition, Article 4 requires making torture a crime in domestic law, punishable with appropriate penalties. The aforementioned obligations and definition are considered to constitute the customary international law that binds all States regardless of their treaty commitments.[131]

Articles 12 and 13 of the Convention against Torture require each State party to take necessary precautions against torture. According to Article 12, each state "shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction." Similarly, Article 13 reads: "each State Party shall ensure that any individual who alleges that he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill treatment or intimidation as a consequence of his complaint or any evidence given." Furthermore, the International Covenant on Civil and Political Rights as held by the UN Human Rights Committee, with its Article 7, creates another similar obligation.[132]

B. PROHIBITION OF TORTURE IN BANGLADESHI DOMESTIC LAW

The Bangladeshi Constitution clearly prohibits torture with Article 35 (5): "No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment." In addition, the Code of Criminal Procedure bans police officers from threatening people. Similarly, any confession obtained through inducement, threat or a promise, cannot be used in criminal proceedings. The High Court Division also confirmed that convictions based solely on a confession given to a police officer are not reliable and that supporting evidence should be obtained. Furthermore, the High Court Division has many times expressed that Section 27 of the Evidence Act, which can sometimes be misused, should be construed in favor of the suspect as much as possible.

It should also be noted that the Bangladeshi Penal Code describes a number of offences that amount to torture and that they should carry penalties. For instance:

- Voluntarily causing hurt to extort confession or to compel restoration of property (punishable by up to seven years' imprisonment and liable to a fine, and, if the hurt caused is grievous, the maximum punishment is ten years imprisonment and liability to pay a fine);

- Wrongful confinement to extort confession or compel restoration of property (maximum punishment of three years' imprisonment and fine);

- A public servant disobeying the law, with intent to cause injury to any person (up to one year imprisonment and/or a fine);

- A public servant concealing design to commit an offence which it is his or her duty to prevent (punishment depends on the imprisonment or fine that is provided for the related offence).

Such practices like assault or use of force against a person to disturb bodily integrity are punishable up to three months' imprisonment and/or a fine. Furthermore, homicide can carry severe punishment, including a life sentence.

REQUESTS FROM THE GOVERNMENT OF BANGLADESH

Bringing criminals to justice is no doubt a desirable and good development. Considering the atrocities committed during Bangladesh's war of liberation, it is clear that both the families of the victims and the Bangladeshi society in general deserve justice. However, human rights should never be cast aside in this quest. Regrettably, the ICT trials of Jamaat-e-Islami leaders, and the way their supporters are constantly targeted, paint a dreadful picture of this beautiful country. These people are prosecuted amidst shocking legal irregularities, are not allowed to enjoy their most basic rights, and are hastily condemned to death without sufficient evidence for supposed crimes. In addition, political critics and opponents of the government are brutally targeted by security forces. All these developments mar the rightful quest to establish justice and they paint Bangladesh in a very bad light.

For these reasons, it is crucial that mass and arbitrary arrests and ill treatment are immediately stopped. Particularly, the death penalty should be immediately abolished because it inflicts great damage both on the Bangladeshi government and the beautiful country of Bangladesh. Experience with other countries has repeatedly shown that once the reputation of a country is tarnished, the damage is so severe and hard to repair, even when the situation changes, it takes years if not decades to rectify the situation in the eyes of the international public. There is no doubt that death penalty inflicts maybe the worst kind of damage to a country's reputation.

It should be pointed out here that we respect Bangladeshi courts' right to try their citizens and interpret the evidence in their files and the laws in the way they deem fit. However, considering that death penalty is an irreversible form of punishment, we are kindly urging the Bangladeshi courts to exercise their rights in favor of life sentence instead of capital punishment. We believe that, especially considering the ages, social status and political backgrounds of Jamaat-e-Islami leaders, this option will be much more suitable in terms of contributing to a peaceful atmosphere in the country. Moreover, this will be the first step towards building a peaceful, prosperous Bangladesh that makes peace with its past. Democracy and freedoms will prosper and the beautiful people of Bangladesh will finally find peace.

Bangladesh is a country blessed with great natural resources and deserves peace and welfare. Once communal peace, democracy and freedoms are established, there is no reason why it cannot turn into one of the strongest countries in the region.. A decisive step to end human rights violations and abolish the death penalty will be the perfect way to launch a new era of happiness and peace.

POSSIBLE INTERNATIONAL CONTRIBUTION TO THE SOLUTION

The international community and international organizations can also help and contribute to the solution of the problem. With the help of the international community, Bangladesh can find closure to the pains of the Liberation War, without any violation of human rights.

1. Jamaat-e-Islami leaders can be denaturalized and sent to Turkey or another Muslim country to ensure that they no longer have any links to or effect on the social or political atmosphere of the country.
2. UN can take over the entire process and set up an independent, unbiased commission for the trial of Jamaat-e-Islami leaders. There is no doubt, when the process is transferred to the UN, justice will be served and Bangladeshi government will have made an exemplary choice in terms of human rights and democracy.
3. Jamaat-e-Islami leaders can be tried at the International Criminal Court.
4. The members of the Bangladeshi ICT can be appointed by UN.
5. Bangladesh is a member of the Organization of Islamic Cooperation (OIC). Islamic Summit can adopt decisions to promote mediation and contribute to peace-building initiatives in Bangladesh. OIC can hold meetings and conferences, organize effective petition campaigns on the issue. It can launch Twitter campaigns. It can inform the UN and call for collaboration on the subject.

It is still not too late to rectify the situation. We believe that the Sheikh Hasina government will make the right choice and very soon end the blatant human rights violations in the country, death penalty being the most urgent one.