Thu 29 Mar 2007
Update: A very good rebuttal - A terrorist Hides in the United states
Update: AP account of Aug 15th 75
Update: Sajeeb Wajed Joy’s spirited counter reply
Update: LA Times interviews Joy
A letter written by AKM Mohiuddin’s son Rouben Mohiuddin that claimed his father’s innocence is posted here. It was a tough call on whether to post or not something that contradicts the known facts in many ways. But then again we can allow our readers to make their own judgement from reading the letter and comparing with what they knew, read or heard.
Here are some links to help you refresh your memory or knowledge on the incident of Aug 15 1975:
A report from Amnesty International on the murder trial and their recommendations
An article on the historic Verdict
Part of Indemnity Ordinance 1975 (signed by Khondokar Moshtaq):
…. ……
…. …..
This Ordinance may be called the Indemnity Ordinance, 1975.Restrictions on the taking of any legal to other proceedings against persons in respect of certain acts and thing …(a) Notwithstanding anything contained in any law, including a law relating to any defence service, for the time being in force, no suit, prosecution or other proceedings, legal or disciplinary, shall lie, or be taken, in before or by any Court, including the Supreme Court and court Martial, or other authority against any person including a person who is or has, at any time, been subject to any law relating to any defence service, for on account of or in respect of any act, matter or thing done or step taken by such person in connection with, or in preparation or execution or any plan for, or as necessary step towards, the change of Government of the People’s Republic of Bangladesh and the proclamation of Martial Law on the morning of the 15th August, 1975……..
******************************************
Now…the Letter from Rouben Mohiuddin
(Note: based on over sixty eyewitness accounts who testified in court during trial as included in the verdict, the blatant lies present in this letter are highlighted in bold)
Here Is The Truth - From The Son Of Maj. AKM Mohiuddin Ahmed
A lot is being said about what happened in 1975 and the current situation now, but I can tell you from first hand experience the truth. I am the son of Maj. Mohiuddin Ahmed . My father’s name is Mohiuddin AKM Ahmed. In America he is know as Din.
My father is a victim of political revenge and he is being deported to a country known for torture and corruption.
In 1975 he was a young major serving faithfully in the Bangladesh Army. In 1975 the president of Bangladesh was Sheik Mujibur Rahman. Mujibur ruled by his absolute authority for four and a half years and nobody dared or was allowed to challenge him.
In 1974, Sheik Mujibur declared a national emergency and stopped all democratic activities and ruthlessly suppressed any one who opposed him. There was no freedom of speech, no open politics, most newspapers and publications banned and all fundamental rights were suspended. One party rule was introduced in January 1975 and Mujibur became president.
By the summer of ‘75 mass starvation and political murders pushed the military to take action. Bangladesh was on the verge of collapsing with the government stealing all foreign aid. According to Dr. Henry Kissinger, in the early 70s, Bangladesh was “a bottomless basket” where any foreign aid disappeared.
On August 15th, 1975 my father was on military night maneuvers, a common training practice during his years in the army. But that night his superiors ordered maneuvers in support of what they claimed was a peaceful coup. It was their intention to force the president to step down and turn over power to a caretaker government.
My father obeyed what he considered to be lawful orders from superior officers to set up a roadblock on a main city street more than one mile from one of the presidential homes. The next morning Din, along with the rest of Bangladesh, learned that during the coup, Sheikh Mujibur Rahman and some family members had, regretfully, been killed when the president’s bodyguards fought back the soldiers trying to place Sheikh Mujibur Rahman under military arrest. My father was not in the palace that night. He was a mile away.After the coup, the country did in fact shift to a democratic government and democracy has been part of Bangladesh since, except for brief subsequent coups and political assassinations. Even the US Government, which had never acknowledged Bangladesh before, immediately established a diplomatic relationship with the post-coup new government in 1975.
Some time after the coup, those involved were absolved by the Government of Bangladesh for any wrongdoing, and many members of the military were promoted in rank or joined the diplomatic service.
In fact, the Bangladeshi government assigned Din to be posted overseas as part of the diplomatic corp. and he traveled extensively, stationing in various countries such as Jordan, Iraq, Saudi Arabia, Algeria, Thailand and others. Throughout all this time, 20 years, Din honored his country as a diplomat with exemplary conduct and extreme dignity. He was Deputy Ambassador of Bangladesh in Saudi Arabia during the Gulf War, and was the head of the Bangladeshi mission in Iraq from 1993 to 1996. His Iraq assignment was the equivalent of Ambassador.
But then the political winds shifted. In 1996, in Bangladesh, Sheikh Hasina, the surviving daughter of the president who was killed in 1975, came to power and promised “justice” [revenge] against anybody who was involved in the coup of ’75, regardless of their actual involvement, and regardless of the constitution that prohibited punishment against members in the military present during that ’75 coup. A double standard is apparent here as some high-ranking officials, involved in the ‘75 coup, are now part of Sheikh Hasina’s political party and therefore are still living in freedom in Bangladesh.
Din, along with several other men accused of the murder, was tried in absentia in 1996. Yes, it is true, that my father could have gone back to Bangladesh to try and defend himself but he knew he would not be safe and would not get a fair trial. I know it’s hard for Americans to understand but, sadly, my country is very corrupt and so poor that eyewitness testimony can be bought for as little as one hundred dollars. And when the trial is politically stacked against you even the defense lawyers are either biased against those whom they are charged with defending, or in danger for their advocacy. It was widely reported then that even a few members of the defense team who were strenuously defending the accused were publicly threatened by the Awami league, and agitated members of the public stripped and beat those lawyers in the courthouse.
Besides the false testimony supplied by paid witnesses, other witnesses could not recall, 20 years later, who was or who was not in the palace that dark night. In fact some witnesses claimed my father was in the palace but then realized that they were actually referring to a different man, with the same name as my father, but with a different rank. Various witnesses even recalled my father as being in more than one place at once.
Din was lawfully present in the United States when he applied for political asylum under the United Nations Torture Convention because his life and his family were in danger, given the unstable political situation back home. Meanwhile Sheikh Hasina dismissed all the judges assigned to the case of the ’75 coup and appointed her own judges de facto creating a kangaroo court which sentenced Din to be hanged.
Din then followed the bureaucratic path of political asylum under the immigration laws of the US, and under the United Nations Convention. Everything seemed to be proceeding well until 9/11. After that date, with the rapid passage of the Patriot Act and the creation of Homeland Security, my father was excluded from the protection granted by the immigration laws and the torture convention. During the ten year fight to stay in America my father never broke any laws in this country. He is a gentle and peaceful soul who has worked within the US courts system to fight deportation to a country known for torture and corruption.
Clearly my father is a scapegoat in a much larger political game in both the US and in Bangladesh. Sheikh Hasina fanned the flames by calling Din a “terrorist”, knowing how much the American government dreads this term, to get Din extradited and finally hang him.
Sadly, my country of Bangladesh is currently in crisis once again. As recently as January 27 people have been killed in political riots and assassinations. It is a highly charged situation and my father has no hope in surviving upon his return. Even according to the most recent US State Department Report on Human Rights, Bangladesh is plagued by torture and political murders. Sheikh Hasina and her political party want revenge, without regard for the truth.
My father has no one to help him. He honorably served the military for nine years and as a diplomat for another 20 years, throughout eight successive administrations of Bangladesh governments. My father is not a terrorist and is guilty of nothing except trusting in a system blinded by politics.
If the US insists on deporting my father he will continue the fight in Bangladesh. He will face his accusers and reopen the case. Major political and military officials will be forced to take the stand and the truth will finally come out. I hope everyone, who is interested in the truth, will spread the word in Bangladesh that my father is ready for the fight. This is far from over. In fact it’s just began.
Rouben Mohiuddin
3/18/07
March 29th, 2007 at 6:17 pm
Interesting read….but you are quick to pass your own judgement even before all the facts (on both sides) have been validated.
March 29th, 2007 at 6:37 pm
Several factual errors in this piece.
Including, for instance, that US “had never acknowledged Bangladesh before” Mujib’s assassination (which implies that his presence was an obstacle to recognition, and that his murder was so wonderfully sanctioned that it was the trigger to Bangladesh gaining international legitimacy). US was one of the first countries to recognize Bangladesh in 1972, and the American govt welcomed him several times. I wonder whether this is an example of lack of knowledge of history, or a deliberate attempt to try and manipulate the reader with distortions and mistruths.
March 29th, 2007 at 6:48 pm
Agree with Rahat - too quick to pass judgement, and obviously strong sentiments about the incident.
March 30th, 2007 at 12:02 am
There are many misinformation in this letter like,
“Meanwhile Sheikh Hasina dismissed all the judges assigned to the case of the ’75 coup and appointed her own judges de facto creating a kangaroo court which sentenced Din to be hanged.”(when did that happen ??)
or
“regardless of the constitution that prohibited punishment against members in the military present during that ’75 coup.” (Indemnity ordinance was annuled before the trial begun)
and
” Even the US Government, which had never acknowledged Bangladesh before, immediately established a diplomatic relationship with the post-coup new government in 1975.”
Also what kissinger actually said was ‘international basket case’, not bottomless basket.
And it was not said on the context of ‘where any foreign aid disappeared’.
The categorical statements like “my country is very corrupt and so poor that eyewitness testimony can be bought for as little as one hundred dollars.” makes it even weaker.
IMHO it’s just a desperate effort of a son to save his father.
March 30th, 2007 at 2:22 am
I think its laughable to suggest that Mohiuddin was just following orders and was just hanging out outside. Even Farook now claims he is being framed.
The only problem is these guys bragged about it between August 15th and November 3. They are on record bragging about it. Farook gave an interview, printed in the Washington Post before November 3, 1975, bragging about it.
I guess it wasn’t Dalim’s voice I heard on the radio either. I guess no one was killed at Dhaka jail either. I guess the tanks I saw on Dhaka streets after the coup, and the men from Lancer bragging about killing Mujib and leaving no successor behind was just a figment of my imagination.
I guess these guys “accidentally” killed everyone in the building - including women and children, some hiding in bathrooms. I guess the guns just kept going off accidentally. I guess the tank shell that landed in Mohammedpur that morning killing 14 was also part of my imagination - I guess the dead bodies were also non-existent. I guess the multiple bayonet wounds on the 4 dead in Dhaka jail were self-inflicted.
I guess Farook, the 2 Mohiuddin’s et al, threatening to turn Dhaka into a bloodbath and killing all the diplomats must have been also my imagination. I guess these losers fleeing the country in shame and fear after the counter-coup was a figment of my imagination.
I guess the US government is also wrong about poor old innocent Major (relieved) Mohiuddin. I guess international observers are also wrong that it was a fair trial. I guess it is also a myth that some of the accused were acquited - you know, that never happens in kangaroo courts. I guess Bangladesh is so bloodthirsty that it has failed to carry out the death sentences over 5 years after the sentences were imposed - I guess that isnt due process.
If the US goverment had given the detainees at Gitmo on millionth of the due process Bangladesh government has given Major (relieved) Mohiuddin, the detainees would have been lucky indeed. I am tired of this nonsense that is being pushed about Bangladesh by these losers who have no integrity to stand on. These people are cowards, and the world knows them as such. These cowards brutally murdered women and children, including a 10 year old, now they are complaining they are not getting due process.
Bullsh**. They received a free and fair trial, a methodical trial over long years, and the verdict was just.
I do not support the death penalty, so I will plead for this monster’s life. But, for him to claim he is innocent of a crime that he and his cohorts themselves bragged about in front of an entire nation and the world, is a joke if I’ve ever heard one.
There are monsters in this world. And this one is a monster. But monsters are also cowards. This one is a coward. Hide you coward, hide. Lie you coward, lie.
The world will not believe you. The blood on your hands is too red too hide. Coward.
March 30th, 2007 at 3:00 am
About the trial:
Kazi Golam Rasul (the honorable judge) ensured that the proceedings in the case progressed according to due process of law. For its part, the Government scrupulously adhered to due process of law and provided the accused, including the absconders, opportunities to defend themselves. The Government did this despite the fact that in a case like this it could have formed a special tribunal, which would have tried and sentenced the accused in a much shorter span of time. In fact, the Government even appointed lawyers for the accused persons who were absconding.
March 30th, 2007 at 3:01 am
First of all,I am not taking anyone’s side here but I do not trust any of the past government in Bangladesh who were engaged in wrong doings. Trying to be use my brain not my emotion. Back then everything was possible. Beginning with corruption to injustice. I would not be surprise if injustice were done to Mr. AKM Mohiuddin. As we all know by now that our nation was overwhelmed with corruption, exploitation, injustice and bribery since Bangladesh got its independence until Dr. Fakhruddin Ahmed Chief Adviser to the Care Taker Government stood up for the people of Bangladesh with all of his confidence about reconstruction of exploitation and to make our country crime free. I am positive that his every single move to clean up the corruption is appreciated by civilian. And the only justice by our current Care Taker Government is to be trusted. Hope this government would re-open this case and do the proper investigation before executing him based on the prior judgment. I think he do have a right to speak up for his defense. Political and military officials should take the stand again. He deserves proper trial by current Care Taker Government. If he is telling the truth that he was not involved, he just obeyed his bosses order to block the roads then execution of an innocent person is injustice.
March 30th, 2007 at 3:23 am
Afshan, if you have any evidence that a trial that was closely followed by Western countries and human rights associations such as Amnesty International was somehow “corrupt”, I would love to hear it. Making blanket charges of “corruption” against the entire country is a little light on facts. Feel free to read newspaper articles in the western press from 1975 to refresh your memory of what happened - it was well known.
The fact that the so-called “seven majors” ruled the country until November 3rd is not a matter of dispute, but one of fact. The fact that these same majors fled the country on November 3, as part of a safe-passage agreement, is also fact. The fact that they murdered the 4 leaders in Dhaka Central Jail is also fact. The fact that they loudly announced to the world on the morning of August 15, 1975 on Radio Bangladesh that Bangladesh was now the “Islamic Republic of Bangladesh” is also a fact. The fact that they murdered women and children on August 15, 1975 is fact. The fact that they killed over a dozen people in Mohammedpur when their tank shell missed Sheikh Moni’s house is a fact.
The facts are well-established. Emotion does not play a part in facts. If you can dispute any of the above statements, I’d love to hear it. For my part, I am writing a post on my blog which will quote western news articles from the time (since some apparently doubt Bengalis can be factual) regarding the events of the time. I invite you to read it in a few hours when I get it up on my site.
It is non-sensical to hold a second trial for these guys unless there was a miscarriage of justice the first time around. No one, not the US, not the UK, not the UN, not Amnesty International, not Human Rights Watch, no one (except the convicted and those unaware of the facts), claims the trials were unfair. Therefore, these crimes are no longer allegations, the are proven in a court of law. Feel free to provide evidence that suggests otherwise. In the absence of such evidence, this case is closed. Stick a fork in it.
March 30th, 2007 at 3:40 am
I fully understand why a young son has to turn to lies and fabrications to try to save the life of one who in the eyes of civilized law may be a convicted murderer but to a son he is a father. Looking back, the decision to use a civilian court rather than a military tribunal to try the murderers of August 15 and November 4 was historically correct and the charge of so-called “kanagroo court” is rubbish.
March 30th, 2007 at 5:55 am
As I promised earlier, my post on my blog on this topic is up. You can read it here: http://www.docstrangelove.com/2007/03/30/a-terrorist-hides-in-the-united-states/
March 30th, 2007 at 7:24 am
E-mail the Congressman Congressman Dana Rohrabacher: at Dana@mail.house.gov and tell him that he is wrong to stop the deportation of A K M Mohiuddin
Also you can call him or fax him at
Washington, D.C. Office
2300 Rayburn House Office Building
Washington, DC 20515
(202) 225-2415
Fax (202) 225-0145
District Office
101 Main Street, Suite 380
Huntington Beach, CA 92648
(714) 960-6483
(310) 377-9493
Fax (714) 960-7806
March 30th, 2007 at 7:42 am
Mash,
in support of the facts that you produced — two time articles from 1975
http://www.time.com/time/magazine/article/0,9171,913420,00.html
http://www.time.com/time/magazine/article/0,9171,917925,00.html
March 30th, 2007 at 8:15 am
Asif and Zafa, thanks for the Time magazine links and thanks for linking to my post. Here’s another one from Time that I ended up not citing, but it is definitely worth a read (from September 1, 1975):
http://www.time.com/time/magazine/article/0,9171,947165,00.html
The two Washington Post articles I cited are from their archives and they charge a fee to access them. I pulled the links out of my post for everyone’s convenience here:
The Night of Vengeance in Bangladesh
Four Former Aides of Mujib Slain
I have the photocopies of the original Washington Post articles. Drop me an email if you want to take a look at them.
March 30th, 2007 at 9:08 am
From NYTimes archieve
March 30th, 2007 at 12:56 pm
A better approach for Ruben would have been to ask for forgiveness from the victims’ family rather than calling his dad a hero. He is also going around saying that the mujib family was killed because there were gunfire exchange between the family, their bodyguards etc and they died in crossfire. Nothing can be further from the truth. There is no proof of that. No witness have said that as was shown in the witness testimony. Neither the newspaper accounts that came out after that shows that. Rather it shows that soldiers came in and killed indiscrimanately which included women and children. Why did the accused majors never protested that when these reports came out? Rather at that time they were gloating over it. Here is one such report from the times of august 15, 1975
Full Report of what happened from Associated Press
March 30th, 2007 at 4:47 pm
I have read the verdict. From the witness statements, it looks like AKM Mohiuddin played a more significant role in the coup and the killings then he claims to have played. I believe the killers of SK Mujibur Rahman and his family should be brought to justice. I also think they should be tried under ‘ druto bichar act’ under this government. Since the trial was during AL govt. ( no reason to feel that the judiciary was free from govt. influence then)and most of them were tried in absentia there could have been a lack of proper defense, and additional wrath and vengeance in the whole prosecution process.
March 30th, 2007 at 5:08 pm
Unfortunately, some hypocrites (who also call themselves religious Muslims) are expressing sadness for this murderer. These murderers not only murdered the founding father and President of the country, but also his two adult sons and an 8-yr old, two pregnant daughter-in-laws, his wife, his brother and many other civilians (including a 4-yr old boy, and other pregnant woman(en). They also brutally murdered top four national leaders in prison few months later and showed utter disrespect to their dead bodies in gruesome ways (attention hypocrites: What does Islam say about the treatment of dead bodies?). But the sympathizers of these murderers would shed a lot of crocodile tears for Abu Ghraib prison victims, Gujarat riot victims etc. We have made our religion full of rituals and completely devoid of humanity and conscience.
I will end with a Prophet (SA) saying, “Would you have me tell you about actions that are better than fasting, prayer, and charity? Bring goodness and high principles between people.”
March 30th, 2007 at 6:25 pm
[...] the blog of the Bangladeshi human rights organization, has coverage here and here. They also have contact information for Dana Rohrabacher for those who want [...]
March 30th, 2007 at 7:41 pm
I see a total lack of strength and in-capacity, for our political parties to understand, to use and to explore the online space as a means to bolster their campaign for justice. See, Mohiuddin and his family started circulating all the email to different lists where they tried to tent the entire story in their favor, while AL being one of the largest political parties in Bangladesh couldn’t do any counter campaign (other than some sporadic mail here and there by some AL supporters or HR activists) using the Internet space. It again shows, how our political parties are unprepared even to promote a justified cause of justice. They could start a signature campaign to deport Mohiuddin for a fair trial in Bangladesh, could explain what happened in Bangladesh in August, 1975 and could ask millions of other Bangladeshies to sign up the online petition to be forwarded to the high ups of US Govt. At the least, that could gather sympathy and could get an online platform that is much louder and more effective than the one that Mohiuddin and his sympathizers are trying to create. Does AL has that vision?
March 30th, 2007 at 8:01 pm
update -
http://salamdhaka.blogspot.com/2007/03/mohiuddin-update-2.html
March 30th, 2007 at 8:11 pm
I think his son is right. I have been a strong supporter of awami league ever since I was little. But the fact remains that Sheikh Mujib abused his power and suppressed all his political opponents. When I found out about all this out I was very upset. I still support Awami League but I think Sheikh Hasina has to go and stop using the party for her own personal reasons. It is true that she is taking revenge. I do not understand why people like Motiur Rahman Nizami are still free. He IS a war criminal and he clearly opposed the liberation war and is known to have killed our FREEDOM FIGHTERS. He even had a Pakistani Passport. I think before we start punishing our own bengali brothers & sisters we should go after the people that committed crimes against bengalis. Im surprised Islami Chhatra Shibir is allowed to openly insult our freedom fighters and heroes of the liberation war. I think they should be punished before anything else. As far as I know they were sentenced to death in 1992 and the verdict was totally ignored since they were part of an alliance with BNP.
March 30th, 2007 at 8:57 pm
There should be no argument that the killing of SK Mujib and his family was a hideous thing to do and the criminals should be brought to justice. The argument should whether the trial of the killers were fair or not. Did they have a fair chance or not. Most of us here claim to be concerned about human rights. I would ask you to think it through logically. Once again, there is no reason to think judiciary was free from govt. influence during AL rule. Suppose, in a fair trial Mohiuddin would get life behind bars, but (suppose) due to a little (a tiny bit!) of govt. influence, a little bit of manipulation, a little vendetta, the verdict was a death sentence.
Justice needs to be done. But it does not have to be an eye for an eye. It is already bad enough that we are so charged up about a person’s deportation that will lead to his death. All these emails will make us responsible at least at some level for his death if there was a faintest possibility of unfairness in the trial. I would urge the CTG to have all those guilty extradited asap for quick and fair trial. I think that should be the demand of the conscientious bloggers.
March 30th, 2007 at 9:09 pm
Nehad (#21),
This is not a thread for discussing what Mujibur Rahman did as a political figure (one could argue the government that followed his regime suppressed their political opponents as well). The thread is also not for discussing what Hasina should or shouldn’t do, or why the Razakaars are not being tried for their war crimes. It is about a fugitive who had been eluding justice for over thirty years.
As the country is trying to unite and give due respect to both the leaders Mujibur Rahman and Ziaur Rahman – we as a nation can wish for the perpetrators of Aug 15 1975 gruesome killing to be held accountable for their deeds.
It would be an honorable thing for AKM Mohiuddin to admit his guilt and beg forgiveness for his life from the citizens of Bangladesh, instead of making propagada statements.
I am not asking that he should be hanged. But I am not going to allow a condemned-murder’s-family distort the truth either. I am not claiming the fifteen convicted people are extra evil because they killed Jatir-Pita. To me the lives of the on duty security officer or the gas station employee are just as valuable as that of BongoBondhu.
There are enough reports to suggest that the trial was fair (follow the links posted in this thread). There are enough witnesses who collaborated that AKM Mohiuddin went inside the Mujib residence with stengun in his hand (with a few of the forces from First Bengal LANCER Regiment) and took active part in the most chilling killing-spree in the history of post liberation BD that took twenty six innocent lives including two young women (one of who was five months pregnant), a ten year old among others. Even though AKH Mohiuddin absconded trial - and did not have any right to lawyer, the court provided him with a defense lawyer. The trial went on for two years. All the objections from the defense team were evaluated by Supreme Court and thrown away by supreme court before the trial proceeded.
The country has waited long enough to see the criminals take responsibility for their actions. In other parts of the world Nazis are still being tried for their crimes more than sixty years ago. We took thirty one years to identify the murderers. Let justice prevail.
March 30th, 2007 at 9:29 pm
ZaFa,
14 of the accused had state appointed defense and was tried in absentia. All those present in the court retracted their confession claiming third degree compliance and forceful signing in police custody. In Bangladesh, the trial of SK Mujib’s killers under AL rule in 1996-97(?) was completely fair and free of influence?!! I am surprised that you are so confidently vouching for that!
I have not seen or known any report by a neutral authority that claimed this trial to be completely fair. Even if there were , my commonsense will have serious doubts just being born and raised in Bangladesh.
” I am not asking that he should be hanged.” Thank you for that. I think we are on the same page on this note. But without another trial, I am afraid there are not many options but to hang him. I say, brin’em back, try them again quickly. Let justice be done.
March 30th, 2007 at 9:30 pm
“Ye shall know the truth and the truth shall make you free”
The nation is waiting for long to see the enforcement of the trial of the killers of Bangabandhu and his family. These people not only killed the Father of a nation but also attempted to divert the nation from the main objectives of the creation of Bangladesh- an hidden agenda taken from the defeated forces in 1971 and their foreign allies. The event of 15th August will remain as the darkest and saddest part in the life of Bangalee nation for all times to come.
I have read the letters written by Major (dismissed) Mohiuddin and his son. From their letters it is clear that he had actively participated in the coup- the heinous crime. But from the judgement of the case it is clear that he was also directly involved in the genocide committed in Bangabandhu’s home in Dhanmondi 32- the home that was the destination of a nation during its liberation struggle.
1. The Indemnity Ordinance that Mohiuddin is claiming as a legal protection against his trial was an illegal law and promulgated by an illegal (self declared) president Moshtaque Ahmed. Hence Ziaur Rahman legalised it by way of Fifth Amendment of the constitution. The question of legalisation of that law came as it was not promulgated by a legal president. This way of legitimising illegal laws (like Indemnity ordinance) through constitutional amendments is itself unconstitutional (Ref: US Case, Murbary v. Maddison 1803). As you know that the Fifth Amendment is declared by the higher judiciary as unconstitutional last year. But even if the Indemnity Ordinance was legalised by Fifth Amendment, still it was an Ordinance, i.e, an ordinary law of the land, that can be repealed/amended by ordinary law making process in the parliament. That is to say, by simple majority in the parliament such law can be repealed. And this is how the Indemnity ordinance was repealed.
2. It is interesting to note that even the Indemnity Ordinance was not a safeguard for the killers of 15th August. The reason is simple. In the Indemnity Ordinance it was laid down that only those persons would enjoy indemnity (for acts committed on 15th Agust) who will carry a certificate issued by the President. Record says that no President in Bangladesh, nor even Moshtaque Ahmed did not issue such indemnity certificates to the killers. So even under the repealed Indemnity Ordinance they cannot claim any indemnity/protection.
3. The trial of 15 August killings was conducted in the ordinary/regular court of Bangladesh called the Court of Sessions. It was not tried in any special court or under any special law. Rather the state could lawfully conduct the trial in a special tribunal under a special law made by the parliament, as the crimes committed on 15th August were not ordinary crimes which involve elements of genocide and mutiny.
4. The High Court Division of the Supreme Court have already confirmed the fairness of the trial. Now it is pending before the Appellate Division of the Supreme Court for final confirmation.
I believe that the US government has utmost faith on rule of law - a system for which the US judiciary and the founding fathers of USA had immense contribution.
I believe that the US will deport Major (dismissed) Mohiuddin to Bangladesh so that he cannot defy the pronouncement of the highest court of Bangladesh.
Salim Mahmud
Assistant Professor
Department of Law
University of Dhaka
Bangladesh
Email: mahmud.salim@gmail.com
I will be happy if my comments are passed to the Congressman who seems to be sympathetic to Mohiuddin
March 30th, 2007 at 9:34 pm
Amnesty International recommendationa for this trial:
“7. Amnesty International recommendations
1. Amnesty International is aware that as of late May 1997, there has been no substantial hearing of the case due to repeated adjournment of the hearings on procedural points raised by the defence. However, it urges the Government of Bangladesh to ensure at all times that these trials conform to the internationally established fair trial standards.
2.Amnesty International is urging the Government of Bangladesh to ensure that the accused are not sentenced to death as this would violate their most fundamental right, the right to life. Amnesty International opposes the imposition of the death penalty at all times and considers it to be an ultimate form of cruel, inhuman or degrading punishment.
3.Amnesty International urges the Government of Bangladesh to institute an impartial and independent inquiry into allegations by the accused that they have been subjected to torture and ill-treatment. Should these allegations be substantiated, the perpetrators should be brought to justice without delay.”
March 30th, 2007 at 9:46 pm
Mr Shahed,
Please tell the Amnesty International that it is the court of law (not the government) that gives death penalty to the accuseds. Courts are seperated from the govenment.
March 30th, 2007 at 9:51 pm
Shahed, What is the basis of your speculation that Bangabandhu murder case trial was not unbiased or free from influence ? Is it only because it was done during AL’s tenure ? If you have any specific proof of that, please state. Otherwise blanket statements like this will only help the killers (who were absconding during the trial and even during BNP regime) gain sympathy and the justice will only be denied.
March 31st, 2007 at 12:33 am
Please take a look at the following article.
Did AKM Mohiuddin have a Pakistani passport?
http://www.saag.org/%5Cpapers22%5Cpaper2183.html
Paper no. 2183
26.03.2007
Bangladesh: Will Bangabandhu’s Killers Be Finally Punished? - Bangladesh Monitor — Paper No. 11
by Dr. Anand Kumar
Bangladesh emerged as a new nation after the ‘War of Liberation’ which was led by Bangabandhu Shaikh Mujibur Rahman against the oppression of Pakistani military forces. The founding father of Bangladesh was killed by some of his own army officers later on August 15, 1975. What was worse, these officers were not punished. Rahman’s killers granted themselves amnesty. They continued to serve for Bangladesh in various diplomatic capacities. The law also could not take its course due to the extreme political rivalry existing between the two mainstream political parties.
Things have changed in recent times since a caretaker government headed by Fakhruddin Ahmed has come into power. Though this government is backed by military, so far it has done commendable work. Internationally also there is now less tolerance for people who have been engaged in terrorist activities. In these circumstances, the arrest of one of the killers of Bangabandhu, AKM Mohiuddin Ahmed in Los Angeles has brightened the chances of punishing them.
The political rivalry between the Awami League and the BNP has also shown in their attitude towards Bangabandhu Sheikh Mujibur Rahman and Ziaur Rahman. Sheikh Mujibur Rahman has been generally acknowledged as the founder of Bangladesh nation, but the BNP during its rule has tried to highlight the role played by Ziaur Rahman in the formation of the country. On March 6, 2007 Awami League demanded broadcasting of Bangabandhu’s historic March 7 speech on the state-run television and radio and airing of “real history of the 1971 Liberation War.” The party has also decided to play the historic speech in all the metropolitan cities. In the speech, Bangabandhu Sheikh Mujibur Rahman called upon Bangalees to wage a decisive struggle against the Pakistan junta, setting the tone for the 1971 Liberation War.
Due to the political rivalry and anti-India attitude of the subsequent rulers, Bangabandhu’s killers were granted immunity through an ordinance. Successive governments allowed AKM Mohiuddin Ahmed to represent Bangladesh in a variety of diplomatic posts for about two decades. The infamous Indemnity Ordinance was repealed and the killers were brought to trial after Sheikh Hasina became prime minister in 1996.
Following this in a verdict a trial court on November 8, 1998, handed down death sentence to Mohiuddin and 14 other former and dismissed army men for the killings. The verdict came 23 years after Bangabandhu was brutally murdered along with 26 others, including his wife, three sons, two daughters-in-law, brother, close relatives, political associates and security men in a pre-dawn attack on August 15, 1975. Mohiuddin has been sought by the Bangladesh government since then.
The High Court on April 30, 2001 upheld the punishment of 12. Of them, only four - Lt Col Syed Farooq Rehman, Lt Col Sultan Shahriar Rashid Khan, Lt Col Mohiuddin and Maj Bazlul Huda - are behind bars. Of the rest, one has died while seven others are believed to be holed up in various countries including the US, Canada, and Libya.
The four in jail filed a leave to appeal with the Supreme Court on July 16, 2001. The petition has yet to be disposed of. Bazlul Huda was extradited from Thailand on the day the historic verdict was delivered.
Mohiuddin Ahmed was convicted in absentia because he had entered the United States in 1996 on a visitor’s visa. He applied for permission to stay in the country permanently but was ordered to return to Bangladesh to face the criminal charges.
The immigration case dragged on for several years as he appealed a deportation order handed down by an immigration judge in 2002. Late last month, a judge in the 9th U.S. Circuit Court of Appeals in San Francisco denied his petition to review the case, allowing the order to stand.
According to Brian DeMore, deputy field director of the immigration enforcement agency Ahmed became a fugitive in the US after the 9th Circuit denied his petition to review the case. As a result, officials of the US Immigration and Customs Enforcement (ICE) raided Mohiuddin’s house in Los Angeles on March 13 and arrested him.
Even Handed Approach of Caretaker Government
Bangladesh’s caretaker government has said that it would try to secure the custody of AKM Mohiuddin Ahmed who is one of the killers of the country’s first president Sheikh Mujibur Rahman. This was stated by the Chief Adviser Fakhruddin Ahmed who laid floral wreaths and offered prayer at Rahman’s grave in his hometown Tungipara in Gopalganj on March 17. During this function all the three military chiefs were present. This function took place after a gap of five years. The Ahmed government, in a display of strict neutrality, has said that he would pay similar homage to Ziaur Rahman as well.
Move to Block Mohiuddin’s Asylum in Any Country
The caretaker government appears to be serious in getting Mohiuddin deported back to Bangladesh. It has stated that if AKM Mohiuddin Ahmed, who is condemned to death for the killings of Bangabandhu Sheikh Mujibur Rahman and most of his family, seeks asylum in any country, it will request that country not to give him shelter. The government will also take state level initiatives to bring him back to the country using benefits of cooperation among countries as part of their mutual anti-terrorism measures, as he is a convicted fugitive. Speaking to media Law Adviser Mainul Hosein said, “Now countries are cooperating with each other formally and informally as part of their anti-terrorism measures. So bringing him back will not be a problem, if nothing else arises.”
Foreign Affairs Adviser Iftekhar Ahmed Chowdhury too believes that despite the absence of extradition treaty between Bangladesh and USA, Mohiuddin’s deportation would not be a problem, as Dhaka and Washington have close cooperation in various fields. He also informed that the ministries of foreign affairs and law are working together on the matter.
The US has also shown its intention to deport Mohiuddin who is now at a detention centre on the south of Los Angeles. It has contacted Bangladesh seeking travel permit for sending him back. Dhaka has already directed its Counsel General office at Los Angeles
to issue travel permit as soon as possible. The government has also stated to take legal steps concerning Mohiuddin after bringing him back to the country. The US immigration authorities will fix a date for deporting Mohiuddin after receiving travel permit from the embassy.
The arrest of Mohiuddin has given rise to several unanswered questions. People want to know how this man was able to live abroad with a Bangladeshi passport which had expired long ago. Some reports indicate that, he was not holding Bangladeshi but a Pakistani passport. Mohiuddin lost his diplomatic job when Awami League came in power in 1996. He immediately managed to obtain passport of that country and mostly was living in Pakistan, UAE and Lao PDR. He established a ‘Cocktail Lounge’ in Lao PDR in 1997 with a local partner. It was learnt that the former army officer invested US$ 1 million in the project holding more than 86 percent shares. This cocktail lounge ultimately turned into meeting place for the members of intelligence agency of Pakistan whenever it wished to meet the foreign contacts or agents. It also turned into one of the most secured meeting places for the notorious drug barons and arms dealers. Two years later, Mohiuddin got into secret arms deal and was trading in arms with various rebel groups in India’s North-East. He was also involved in drug trafficking using the Golden Triangle.
Although Abu Zafar, the consul general of Bangladesh in Los Angeles, while talking to media said he was not aware of Ahmed’s arrest and declined to comment, it is learnt that Mohidduin was maintaining close links with several Bangladeshi diplomats in US including a former Press Minister with Bangladeshi embassy in Washington.
Though Mohiuddin Ahmed is a self-proclaimed offender, and the US is keen to deport him, some problems could still arise. Most of the Bangladeshi diplomats posted in the US were recruited by the former regime of Khaleda Zia. Mohiuddin Ahmed has been keeping close contact with them. They might try to botch the effort to bring him back to Bangladesh. In the past, due to political rivalry, attempts to bring back such culprits were halted by the BNP.
Some reports also indicated that Mohiuddin is set to file appeal against any possible extradition with the US government, which might delay the entire process for at least several months. Moreover, if Mohiuddin’s counsel will demand any possible extradition of him to Pakistan (not Bangladesh), which had already provided him with their passport and in that case might be finally flying back to Pakistan and not Bangladesh.
Conclusion
The arrest of AKM Mohiuddin Ahmed, responsible for killing of Bangabandhu and most of his family members, in the US has once again brought the issue of punishing these culprits to the fore. Interestingly, this development has taken place when Shaikh Hasina and Nobel laureate Dr. Mohammad Yunus two important personalities of Bangladesh are in that country. The US which has been fighting a war on terror since 9/11 would not like to set a bad example by allowing Mohiuddin Ahmed to evade the law enforcers of Bangladesh. Though the military backed caretaker government headed by Fakhruddin Ahmed has so far acted impartially, it remains to be seen how it acts against someone who had the army past. Deportation and due punishment of Mohiuddin Ahmed might check the politics of killings in Bangladesh. It might also weaken the opponents of ‘Liberation War’ inside Bangladesh. Finally, it will also be a blow to insurgency in northeast as Mohiuddin Ahmed has been interacting with various rebel groups active there.
March 31st, 2007 at 12:50 am
Salim Mahmud,
I think Amnesty opposes any kind of death penalty. It is my understanding that judiciary was not separated from executive at that point of time and it is only being done now. So govt. could have some influence. But you can tell me better since you are an expert on this.
FZ,
Tried in absentia, state appointed defense, forceful confessions…not a blanket statement. I have said it repeatedly that they should be brought to justice. I am not helping them in anyway, neither it is my intention. We often talked about govt. influences on judiciary in the last 36 years in this very forum. How are we so sure that this particular high profile political case had completely free and fair trial?
I also don’t want justice to be delayed and that is why proposed that CTG make arrangements to bring the killers back and undertake a quick trial (druto bichar ain).
March 31st, 2007 at 1:00 am
Joy has put up a spirited reply
http://sajeeb.blogspot.com/2007/03/case-of-mohiuddin-ahmed.html
March 31st, 2007 at 2:16 am
Excerpts from Sajeeb Wajed’s blog post:
……….. ……….. ……….. ………..
Along with my immediate family a total of 19 members of my family were murdered that night. My grandfather’s nephew and protégé Moni and his wife were shot in their home right in front of their two sons, Parash and Taposh, who were 6 and 4 at the time. My uncle Moni’s wife was pregnant as well.
The killers then buried the bodies in 18 unmarked graves at the Banani graveyard in Dhaka. To this day we do not know who is in which grave. Only my grandfather was buried separately in his home village of Tungipara.
……….. ……….. ……….. ………..
During our government’s term we made it a point to conduct his trial in the most transparent manner possible so that there would be absolutely no doubt about the verdict. Representatives of foreign missions, including the US Embassy in Dhaka, closely monitored the entire process. After the verdict was announced I was personally told by US State Department officials that they found the trial to be completely legitimate and they were fully satisfied with the process. This was 9 years ago.
Mohiuddin had every opportunity to fight his case. He had plenty of opportunity to appeal his conviction and sentence. He did neither, but instead chose to try and stay beyond the reach of the law. Now he is attempting to stay beyond the law again by asking to be deported to a third country. That would be a grave travesty of justice.
The truth is that this was a murder most heinous. No amount of political acrimony justifies this.
……….. ……….. ……….. ………..
It is all too easy to second guess the politics of 35 years ago, but the world was a very different place then. What did my 10 year old uncle do to deserve to be killed? What did my grandmother do? What kind of a savage does it take to shoot a woman who is five months pregnant? A man like Mohiuddin Ahmed.
The truth remains the truth, no matter how loud some may scream that it is not. The truth is that Mohiuddin Ahmed brutally murdered women and children. And for that he must face his punishment.
March 31st, 2007 at 2:31 am
I don’t know how it works in BD judiciary but in U.S. court it is always decided before the proceeding begins (during deposition usually) what kind of punishment will be sought if the accused was found guilty.
[Can Selim in #25 enlighten us on this?]
Depending on the degree of the charge(s) – first degree murder, second degree murder, involuntary…etc, the punishment could be few years’ of prison times or death penalty…etc.
As far as I know Mohiuddin forfeited his right to appeal (the four of them who were present during the trial had appealed the verdict) by absconding the trial process.
That was a choice AKM Mohiuddin made. Nobody stopped him to go to Dhaka once warrant was issued and he was sought by the court.
Why is anybody wasting the band width now arguing that death penalty is not justified even though it is true that he is guilty? He himself is not begging to spare his life. He is plain and simple denying his involvement and spewing propaganda messages filled with malice and mostly garbage.He is going to run people out of their sympathy (whatever little is left of) very soon.
March 31st, 2007 at 2:34 am
Just a question for those who know better:
Was it Major Mohiuddin or Colonel Mohiuddin who went into Sk. Mujib’s house and participated directly in the mayhem? Is it true that in the trial itself, the eyewitnesses gave contradictory evidences about which Mohiuddin went in?
March 31st, 2007 at 2:42 am
Shahed, the trial in Bangladesh was universally hailed as fair.
Do you want to have another trial? On what basis? Please provide evidence that the trial was not fair. The Americans and other western countries observed the trial. None of them seem to share your belief that the trial was unfair.
As for the accused, they are on record claiming to have killed Sheikh Mujib. They bragged about it to the Washington Post among others. If perhaps they had not bragged about killing Mujib in such a public way, if they had not announced it to the world, they might be able to claim they are being wrongfully accused. Unfortunately for them, they couldn’t contain their egos and their egos were their undoing.
This isn’t something that happened in the distant past. Some of us were alive when it happened. We remember the “seven Majors” as they rolled their tanks around Dhaka, bossed around the country, threatened publicly that Khalid Musharraf should come get them at Bhangabhavan if he dared. And of course, unfortunately for them, the western press was there to record it all - including all their damning quotes.
So, you can deny well documented history if you like. You can scream political witch hunt if you like. None of it will serve you well - there is just way too much evidence to the contrary.
March 31st, 2007 at 2:43 am
Shahed Bhai,
In Joy’s word
“Mohiuddin had every opportunity to fight his case. He had plenty of opportunity to appeal his conviction and sentence. He did neither, but instead chose to try and stay beyond the reach of the law. Now he is attempting to stay beyond the law again by asking to be deported to a third country. That would be a grave travesty of justice.”
So tried in absentia or state appointed lawyers are not Hasina govt faults.
Forceful confession? Whom did they force ? The killers went on bragging that they’ve killed Bangabandhu and got awarded with diplomatic jobs for it.
March 31st, 2007 at 2:53 am
Two different wings of the army participated in the planned killing spree the night of Aug 15 1975, masterminded by Dalim, Faruque, Rashid, Nur et al and collaborated by others.
One group was the First Bengal LANCER Regiment (led by AKM Mohiuddin, the person hiding in LA), and the other wing was the Artillery Division (from Kumillah/Comilla 1) which had the other Mohiuddin Ahmed in the team.
In the verdict the two Mohiuddins are distinguished by their affiliation, the one in question, AKM Mohiuddin is indicated with the word “Lancer” next to his name, whereas the other Mohiuddin has the word “artillery” next to his name.
The Mohi (artillery) maneuvered the tank, positioned himself on the road outside the house. His group fired the shells from the tank that initially woke up the members of Sheikh family. They were aiming for Sheikh Moni’s residence, and when they missed, it ended up landing near a gas station, killing few bystanders. Eventually they Killed Sheikh Moni and his pregnant wife in front of their 4 and 6 year old children. Mohiuddin (Artillery) was arrested in Dhaka in 1996 and signed a written confession which he retracted at the advice of his attorney.
[Almost every single convict does that, blaming torture in the custody etc]
Now AKM Mohiuddin (Lancer) – the one in LA with a son named Ruben – is the one who marched inside the house with his men while firing continuously from his stengun ( a type of sub machine gun). He along with Bajlul Huda were about to climb up the stairs when Mujibur Rahman was about to come downstairs to check out the source of commotion. Mujib was seen dead lying on the stairs within seconds. Mohiuddin and Huda ran upstairs, people heard shots fired, and later heard them say “all finished”. Later three women were found dead – Mrs Mujib, Sultana (Kamal’s five months pregnant wife), Rozy (Jamal’s wife), along with Kamal, Jamal and Shekh Naser (mujib’s younger brother with no political affiliation). Somebody tried to hide 10 yr old Russel away in the bathroom, but the men-in-charge commanded someone to shoot him as well so that he could not come after them (the murderers).
March 31st, 2007 at 3:03 am
Shahed,
A large number of people were examined and cross examined in this case. In a criminal case it is really a hard job to convict an accused, because a leading principle in criminal law is that “crime must be proved beyond any reasonable shadow of doubt.” Hence in this case some of the real criminals got acquitted as the crmies could not be proved beyond any reasonable shadow of doubt. Because it is really tough to prove a crime. The benefit of doubt is always in favour of the accuseds. But the accuseds who got punishments- I must say their crimes were proved beyond all doubts. Even if the trial court is biased there are two appellate courts who review the case before final execution. You might know that some of the convicts got acquittal in the high court. But Mohiuddin’s punishment was confirmed by high court after review. So there is no scope that Mohiuddin is victimised within the process of law.
Salim Mahmud
Assiatant Professor
Department of Law
University of Dhaka
Email: mahmud.salim@gmail.com
March 31st, 2007 at 3:13 am
Every due process of law has been exhausted.
There is nothing else to do…. besides may be travelling in a time machine, going back to the scene of Aug 15 1975, video taping it and bringing back the tape.
Well…on second thought even that may not be enough for the skeptics. Mohiuddin (from the artillery, the one presently in Dhaka) wrote in his statement that the voice in the interview tape taken by Anthony Mascarenhas (Legacy of Blood) was not his. That was the interview where he gloated along with couple of other cohorts about the murders they committed on Aug 15 1975.
March 31st, 2007 at 3:39 am
As with Bangla Bhai, we should not divert attention in this particular debate as to whether the death penalty is morally justified or not. We can debate that at length (and we should) elsewhere. The PR machine behind Mohiuddin’s defense is not challenging the existence of the death penalty (which also exists in the US and many other countries) but denying the allegations themselves. And, they are doing that not with doccumented proof for us to evaluate (did they bring any forward during the trial?), but with historical inaccuracies and deliberate misrepresentation.
Describing the house at Road #32 in Dhanmondi as the “palace” (indeed, it was apparently only “one of the Presidential Homes” anyone know of the others?), lying about the US’s diplomatic stance on Bangladesh’s existence and Mujib himself, maliciously misrepresenting Kissinger’s infamous quote all to justify what apparently the good guys all believed to be “a peaceful coup”, and in short, failing to address the basic question (is the guy guilty or not?) and instead reverting to the age old justifications for why it was ok to massacre to take place (despite the repeated protestations of lack on involvement - funny how the two need to go side by side) - none of this is new in the three decades of mud slinging on this basic issue.
I wish those who support both those involved in the coup and the assassination itself, would just have the courage to explicitly say that they endorse the brutal means and methods of 15th Aug 75 to achieve their desired change (funny how the gory details are skipped over as we move rapidly to discussion of the “exemplary conduct” of Diplomat Mohiuddin) and deal with the consequences, in BD and elsewhere, rather than hide behind these weakly crafted distortions and untruths.
March 31st, 2007 at 3:41 am
Dear nj (#34),
Sorry, I didn’t notice your question before. In Bangladesh the courts don’t decide
before the proceeding begins what kind of punishment will be sought if the accused is found guilty. It is always decided at the end of the trial. There are always a number of punishments for a particular crime in the legislation. The court has the discretion to impose a punishment from the list. But this discretion is conventionally objective, i.e., the court usually gives an explanation why he/she is imposing this particular punishment. For example, why life imprisonment and why not death penalty for this particular accused.
Salim Mahmud
March 31st, 2007 at 4:03 am
Thanks to Mr. zz for clarifying the situation. I have now read enough of the court proceedings to get a better picture. Indeed, Mohiuddin (Lancer), as AKM Mohiuddin has been referred to, was an active participant in the murderous episode.
March 31st, 2007 at 4:55 am
I have no doubt AKM Mohiuddin is involved and probably played a significant role in the killing. I want to bring him to justice. I question whether he had a fair trial or not. I will neither take Joy’s or AL’s words for it, nor take AKM Mohiuddin’s words for it. They are personally affected by the situation.
As far as I recall, a couple of judges were ‘embarassed’ during this trial. I don’t believe any high profile political case was without govt. influence in the last 36 years. It would be childish to believe that the state appointed highly competent defense for the accused who left no stone unturned to represent their clients who were not even present. May be Mohiuddin et al. deserves death penalties. Bring them back, try them quickly, what’s the harm in it?
I have never tried to defend the accused in any ways. Some of you have clearly misunderstood me. Please read my postings to understand where I stand as far as the killing of SK Mujib and family is concerned. But I am not convinced that a 100% fair trial was conducted where all the accuseds, free from fear of persecution, were provided all the privileges they are lawfully entitled to. I will refrain from further comments since everybody is in conensus and some of my statements have been misconstrued. I am sure this will make room for some healthy blogging in this thread. Thanks.
March 31st, 2007 at 6:54 am
Shahed,
While I understand you are trying to give it a fair color to the proceeding under this government but you are in a way saying that we need to retry every single trial in last 36 years because there were political influences. Mash said it pretty clearly. Here is a line of thinking perhaps you never thought of — a lot of witnesses have dies, a lot of them are very old, how do you know a retrial will give conviction as before and how is it fair to the victim’s family? Don’t take Sajeeb’s word for fairness. There was not a single outcry about travesty of justice when the proceedings happened. Due processes were followed. The generals were on record of bragging about the coup. A video taped interview was shown. Even now Ruben Mohiuddin is going around and saying that was ONLY way to remove Mujib from power.
If you see the verdict, when Mujib was told to go and sign his release paper, he agreed and was coming down the stairs when he was shot. So it was premediated murder.
March 31st, 2007 at 7:04 am
Shahed Bhai, it’s not important who is saying something, it is more important what is said. I quoted Joy because in this particular case, what he said seems to be correct. Mohiuddin was given opportunity for fight for his case, appoint his own lawyers and appeal against the verdict. If someone is not present for his own defense, should the govt postpone the case forever waiting for them to surrender ?
The Bangabandhu Murder Case was a high profile case followed by international spectators and as far as I know, no allegation of lack of transparency or fairness has been posed by anyone. However, a total review of the whole judgement can be done if any serious flaw is found, (not because it was done during AL’s tenure). But the perpetrators must surrender themselves to the court of justice to get justice.
March 31st, 2007 at 7:13 am
Also I am not so sure any trial under this government would be deemed fair. Ask Tareq Rahman in a few months.
March 31st, 2007 at 8:46 am
For those still confused about Mohiuddin’s guilt, I have posted the decision from the US Ninth Circuit Court of Appeals denying his petition.
Here’s an excerpt:
I am not sure how much clearer one can put it - the Court of Appeals pretty much nailed it. If anyone still doubts Mohiuddin was given due process and a fair trial, feel free to take it up with the Ninth Circuit Court of Appeals.
March 31st, 2007 at 8:52 am
Asif, FZ,
I understand your points. A retrial may not be feasible from a practical point of view. But a review of the process by an independent judiciary committee can be done. Let’s move on to other topics. We’d be splitting hairs if we argue on this anymore. Thanks for the explanations.
March 31st, 2007 at 9:32 am
Shahed Every one has right to get Justice I understand. But If any black ordinance like indemnity is included in the constitution how can you think Justice will be justified in here. In this portion I am completely agreed with Faiyaz that such type of dragging time is nothing but the sympathy of the people.
Basically By claiming about USA recognitions to Bangladesh is just to spread propaganda.
RRR:
Here None is asking for the blood of Ruben’s father.Here we are asking for the Justice.
My question is that how can you assume that
this trial is not fair. Bangladesh was a war effected nation. During this time we really needed guide line. But by doing such type of
brutal incident they made us orphan.
March 31st, 2007 at 5:32 pm
I read the text of Sajib Wazed Joy’s statement. I also read the text of Mohiuddins childrens. As much as I feel sorry for their plight. The truth has to be told. It is Zia that gave these guys diplomatic assigment and read as recent as few months ago. US Bangladesh embassy had a high ranking official who was one of the coup members under Begum Zia. Is too much to conclude who were aiding some of these elements. Though it is claimed Khaled Musharf gave them a safe passage. Search on the web under category of ” Sheikh Mujib’s Murderer” it will tell you where some of them were and where are they now. I read as recent as 6 month ago in a internet version of bangla newpaper “Ekhon Shomay”. It listed the info I am citing.
I have reason to belive these survivors of Dalim Gang have claimed attrocities in USA, they have been covered up by, I dare to say or speculate Kissinger and Nixon and Billy’s.
About Kissinger’s assertion. That Awami Leagers were looting the AID’s. I really find very few example’s among Awami Leage Leaders. Let me give you an example. Most of the Chittagonians new back then who were Awami Leage Leaders. They were Jahoor Ahmed Chowdhury, M.A. Mannan, M.A. Aziz, M.R. Siddique and Akhteruzzaman Babu. I saw Mannan from pretty close. I had a senior friend cum Catholic tell me Mannan was a “Chor” or “Thief”. I know this guys that made the statement. I look back no one as enrichened as much as this Bangladeshi Catholic family as Mr. Mannan. It is pot calling the cattle black. Mannan is still alive. Why don’t you check what Mannan has.
About Kissinger, with out in voking his religion. Bangldesh gained its independence despite all the obstacles created by Nixon and Kissinger. There fore I take his claims with a grain of salt. I belive, he may have other motive behind it. I do sense a MOSSAD hand in Sheikh Mujibs Murder. I will tell you why. I was at arround 8th grade back then. I had to go to Chittagong cantonment for specialist treatment. This is during Mujibs time. There while awaiting to see the physicians. I got stroll thru the Medical patients in the hospital. I will tell you I saw “Palestanian Soilders” getting medical treatment. I will have to say this may have been achelis heal. Why Mujib was targeted. Lots of Arab countries provided similar aid to Palestinian’s.
I also belive Mujib really could’nt trust the Military. That is why he created “Rakhi bahini”. I would like to belive, he really could’nt trust Zia to be Specific.
Let me tell you why. When Mujib was campaining pre war election. There was an attempt to kill Mujib. Rumor had it Fazel kader Chy father of Salauddin Kader Chy was behind it. Now look at it Zia declared this much touted Independence, from Kalurgaht. which is not very far from FoKKA Chy’s residence as we called him back them. Can you draw some conclusions from the proximity.
Look at after Mujib came to Power he intially imprissoned FOKKA Chy. Then he forgave him under General Amenesty. The guy was a consistent trouble maker or what ever motivated him (WHICH I BELIVE IS LOTS OF MONEY). LOOK AT IT QC owned by Sallauddin Kader is one of the wealtiest family in Bangladesh. It is this Fokka consistently caused problem for Sheikh Mujib. I have drawn conclusion that FOKKA and ZIA had connections.
This why truth has to be told. Mohiuddin may be able to escape death penalty if they really disclose the real fact. And some of their Gang members activity in USA.
Welcome further comments.
March 31st, 2007 at 9:26 pm
Anatomy of a poster named Shahed
•#16: I also think they should be tried under ‘ druto bichar act’ under this government.
•again #22: I would urge the CTG to have all those guilty extradited asap for quick and fair trial. I think that should be the demand of the conscientious bloggers.
•again #24: But without another trial, I am afraid there are not many options but to hang him. I say, brin’em back, try them again quickly. Let justice be done.
•again #26:… it urges the Government of Bangladesh to ensure at all times that these trials conform to the internationally established fair trial standards.
•again #30: I also don’t want justice to be delayed and that is why proposed that CTG make arrangements to bring the killers back and undertake a quick trial
•again #43 I am not convinced that a 100% fair trial was conducted
•again #48 But a review of the process by an independent judiciary committee can be done.
I’ll refrain myself from making any comments on the state of mind of this person, but here are some interesting facts about the trial proceedings underway currently in BD:
1.the special force does not even require a warrant to arrest someone
2.same applies for seizing property
3.they only need approval from BD Bank and/or ACC to freeze someone’s account
4.the accused does not have the right to request bail till the trial is over
5.they can be detained indefinitely
6.they can be brought on remand anytime
7.Both Fakruddin and Iajuddin denied the request for sparing the lives of six convicted JMB militants.
And let’s not forget it was AKM Mahiuddin who willfully avoided facing the trial, even after AL govt was gone in 2001. To this day he does not appolgizes for his crime, and tries to show himself as a victim of political avenge.
For arguement’s sake let’s assume the current CG will agree to retry AKM Mohiuddin, what makes anyone think that anything different will happen? The facts (of Aug 15) remain the same. And the verdict will be thw same. The punishment was not so different for the six JMB militants, why would that be for AKM Mohiuddin who arguably commited worse crimes?
April 2nd, 2007 at 6:03 pm
The respected law professor
Salim Mahmud
Assistant Professor
Department of Law
University of Dhaka
Bangladesh
Email: mahmud.salim@gmail.com
is absolutely wrong when he says referring to the 5th amendment to the Bangladesh constitution which legalized an “illegal” law — the indemnity ordinance, “This way of legitimising illegal laws (like Indemnity ordinance) through constitutional amendments is itself unconstitutional (Ref: US Case, Murbary v. Maddison 1803).
That is totally mis-representing the decision Marburry versus Madison which is a famous US case that I first studied in grade 11 in my US high school. In that decision, the Supreme Court said that it would not enforce any law passed by the Congress if it finds that that law violates the constitution. That established the practice of “judicial review.”
If the Bangladesh Supreme Court respected the constitution like the US Supreme Court did in that Marbury vs. Madison case, it would have upheld that amendment instead of declaring it null and void. Also note that it held it null and void not because it decided so but because some hand-picked partisan lawyers (like this learned professor) said so.
**** ****** ********
[Comments partially deleted for malign.
-- Uv admin]
April 2nd, 2007 at 7:04 pm
I see that there is censorship in this pages and as it is a BLOG I have no complaints, but how can you talk about a open dialogue when dissenting opinions are edited out.Or do I to be Muslim to participate on this conversation?
April 2nd, 2007 at 7:14 pm
The comment posting rules are here:
http://www.drishtipat.org/blog/dp-comment-posting-rules/
Dissenting opinions are not edited out.
Only those that contain baseless propaganda, slander, unsubstantiated allegations, profane language etc.
April 2nd, 2007 at 7:25 pm
nj,
What’s your point? Regarding current issues, how are they relevant here?? If you want to know my views on current legal proceedings please read the thread regarding ‘due process’.
You said, “For arguement’s sake let’s assume the current CG will agree to retry AKM Mohiuddin, what makes anyone think that anything different will happen? The facts (of Aug 15) remain the same. And the verdict will be thw same.”
Exactly. Then what is the problem in reviewing the process?
April 2nd, 2007 at 8:41 pm
Dear “a student of constitutional law of US”
(# 52)
Sorry to say that you claim to be a student of US constitutional law but you don’t know why I had referred the case of Murbury v. Maddison in the case of Fifth Amendment of Bangladesh Constitution. I referred this case as it is the leading case of the principle of judicial review. Justice Marshall in this case observed “a legislative act contrary to the constitution is not a law, and it is the duty of the judiciary to say what the law is.” A very simple interpretation of this principle is that Parliament cannot make a law or change/amend the constitution in their own way. Ultimately judiciary has the authority to see/verify whether a law (or constitutional amendment) made by the Parliament is valid or not, i.e., whether it was done in line with the constitutional direction or not. This principle of judicial review has been adopted in most of the national constitutions in the world. In Kesavananda Bharati Case, I C Goloknath Case etc in India and 8th Amendment case (1988) in Bangladesh where the judiciary declared constitutional amendments to be null and void on the ground that such amendments were made/adopted in violation of the constitution. The main principle of these cases derived from your Murbary v Maddison case that you read in your high school. If you are not a layman in law, you should have understood why I had referred the Marbury case while talking on Fifth Amendment of BD constitution. In this case Justice Marshall in the obiter dicta (I am confused whether you know this terminology; but if you are a law student you MUST know this) of the judgement observed and propounded this milestone principle by saying “a legislative act contrary to the constitution is not a law, and it is the duty of the judiciary to say what the law is.” I feel sorry and ashamed that I am telling all these very basic interpretations of constitutionalism to a “student of US Constitutional law.”
I am really shocked and surprised to read your last paragraph. You wrote:
“If the Bangladesh Supreme Court respected the constitution like the US Supreme Court did in that Marbury vs. Madison case, it would have upheld that amendment instead of declaring it null and void………………………….”
Now I am explaining to a layman, not to a self-proclaimed law student. The Supreme Court declared amendments (Eight and Fifth Amendments) of the constitution in order to uphold and protect the constitution as those amendments were violations of the constitution. The Supreme Court plays such a role as it is the “guardian of the constitution”- a role to protect, defend and preserve the constitution.
If you are really a law student I would advise you, irrespective of your level, to start afresh, i.e., to go back to study jurisprudence and constitutional law again from the very outset.
Best wishes
Salim Mahmud
Assistant Professor
Department of Law
University of Dhaka
Email: mahmud.salim@gmail.com
April 3rd, 2007 at 1:27 am
“Tanoy Says:
RRR:
Here None is asking for the blood of Ruben’s father.Here we are asking for the Justice.”
As a response to my post which leads me to believe that it was deleted after the fact, wich is entirely your right as Blogmaster
April 3rd, 2007 at 1:55 am
[ Message edited for derogatory comments about other posts. Users are requested to fully read the thread before making rash generalizations. The issue has been debated here with facts and documents, and not with emotions ]
I’ll repost and if the admins feel it’s unaceptable I would appreciate the reason why?
I’m not Bengali; I found this site, having curiosity for this case and without passion for one side or the other, I understand how a coup can ignite passions and since history is written by the victors is quite difficult to ever know the truth, and I’m disgusted by the absurdities expressed by many of you. First because they killed we shall kill, that probably was the thought process used by the people in the coup, and the many that followed, since might equals right. I do admit passing knowledge of the history of Bangladesh,
http://lcweb2.loc.gov/frd/cs/bdtoc.html
as it’s based on what I read in the past week, but It seems that historically you guys are not in the top of the line in human right issues,
http://web.amnesty.org/library/eng-bgd/index&start=91,
this is also from Amnesty international how dare you guys use their letter
http://web.amnesty.org/library/Index/ENGASA130021997?open&of=ENG-BGD
as back up for your claims, first they are only welcoming the trials and warn about the potential for abuse, and the name written in it is not of AKM Mohiuddin Ahmed but Maj (relieved) S K M Mohiuddin Ahmed , wrong guy, and obviously the response after the verdicts
http://web.amnesty.org/library/Index/ENGASA130031998?open&of=ENG-BGD
is not highlighted in which the still warn about the possibility of political persecution, why should they still fret about that after the trial, maybe things aren’t as black and white as you all want to believe, read through the UN papers and found no approval or disapproval of the trials, where is this information coming from?
can anyone guarantee that this trials were not politically motivated, I read your letters and see the passion that you have to defend the “father of your country” and Rouben’s passion to defend the honor and life of his father, how can I believe that the daughter of said “father of the country” will be different. It is a sad commentary indeed on human kind where we still let passion lead thoughts without regards for truth, Let truth be your guide, and if crimes are committed only your god should provide the final judgment…since those who are right today might be wrong tomorrow and there is no UNDO from death.
April 3rd, 2007 at 4:40 pm
Revenge will never bring peace. Hatred and revenge has never led any nation to peace and harmony. We must shun hate and revenge if we want peace and unity and to move forward.
As it is written, ‘those who live by the sword die by the sword’ it is very true. All politicians that rose to power by the sword died by the sword. Look around you and you will find many examples. Folks, the politics of the past centuries is OVER. No one on this planet wants war and strife. People want peace. We need to be constructive in our thoughts. The new politics is to bring about peace on earth and look to the future. If Sheikh Hasina is really a great leader and is not hungry for power and is a true well wisher of Bangladesh, then she should not enflame the passions of the poor and innocent people to take revenge and killing to regain power. She should instead forgive the oppressors as did great leaders such as Gandhi and even her own father Sheikh Mujib. Leave it to the Almighty creator to decide and judge. Ultimately we will all die and will have to answer to our creator, the supreme judge, for our deeds.
April 3rd, 2007 at 5:05 pm
When did Hasina want to kill and regain power? The question of pardon comes after the convict admits guilt and begs forgiveness - which is not the case here. AKM M has been denying direct involvement and spewing propaganda statements all over U.S. media. He has unpopular congressman Dana Rohrabacher at his corner. Rohrabacher is known for supporting Taliban and other extremists.
Also Hasina is not an authority to pardon here. The verdict was handed down by BD court. I don’t support death penalty, but believe the criminals have to be held accountable to prevent future crimes against humanity.
April 3rd, 2007 at 6:49 pm
Is Abraham Lincoln’s grand son running around lobbying to get his grnad pa’s killer or killers hanged? Is JFK’s daughter out to track her father’s killer? Is Sonia Gandhi’s first agenda to track, capture and bring her husband’s killers to justice?
If AL, BNP and all others have nothing NEW and CONSTRUCTIVE to say then they should keep quiet and learn from the democracy that are thriving.
April 3rd, 2007 at 7:02 pm
Here are some historical facts, Lincoln, Kenendy and Gandhi were not brutally murdered at their residence along with their wives, children, daughters-in-law.
Lincoln’s killer John Wilkes Booth, an actor, who somehow thought he was helping the South was caught by the federal agents and shot immediately.
JFK’s assassination had been investigated exhaustively, and some people are still pursuing after 33 years of his death. Many people believe that the guy (Oswald) who confessed to have killed him did not work alone. Oswald was shot dead by an unknown assasin.
Gandhi’s assassins Murugan, a Sri Lankan, and his Indian wife Nalini were convicted and sentenced to death in January 1998, but Nalini’s sentence was later commuted to life imprisonment. Murugan’s mercy petition is pending with the President. The couple had a daughter while in prison, who did not have permission to enter India to visit her parents until recently.
April 3rd, 2007 at 7:09 pm
we have debated this issue endlessly. We are closing of the comments now as they are no longer constructive.