Professor Ghulam Azam

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Ghulam Azam: Grandchild’s perspective

The arrest of Professor Ghulam Azam: a grandchild’s account

 

The arrest of a leading opposition figure in Bangladesh is a stark reminder that without due legal process, examining the wrongs of the past can quickly become an opportunity for political leverage in the present. A version of this article first appeared on Opendemocracy.net

A. Azam

My earliest memories of my grandfather is of him walking in a simple white vest and lunghi (a traditional Bangladeshi clothing) tending to the garden he cherished that surrounded his modest tin-roofed home in Dhaka. A lover of nature and a simple and deeply spiritual man with no desire for the financial eminence many seek, humility and simplicity was his nature. It was always astounding to his visitors who expected opulence of such a leading national figure. Along with this was a gentleness and generosity that made each of his numerous grandchildren feel uniquely beloved and special.

 

On January 11, I watched aghast as my 89 year old grandfather, Professor Ghulam Azam, was taken away by the authorities to prison. He was arrested on 62 trumped up charges of war crimes during the 1971 Bangladesh independence war, including the quite ludicrous charge of responsibility, “for all atrocities committed across the country between March 25, 1971, and December 16, 1971”.

 

During the war my grandfather was the political leader of what was simultaneously the largest religious group in the then East Pakistan, but a small political party with little clout in the wider political arena at the time. He supported the unity of East and West Pakistan, however he remained absolutely opposed to the military aggression on the ground, including the crimes committed by both military and paramilitary forces, and worked tirelessly to help aid those caught in the cross-fire. Nevertheless, despite his desperate attempts at reconciliation at the time, he was made a scapegoat for crimes committed by both the Pakistani military and paramilitary forces. A deeply patriotic man and a leading activist for the nation’s historic Bengali Language Movement, he has been the victim of a sustained and virulent media smear campaign that has demonised his character, leading many, including those born after the war, to misjudge a man they have never met.

 

Now, the party my grandfather built is one of the leading opposition groups in Bangladesh and allied with another major opposition group represents a genuine political threat to the ruling Awami League led regime. The ruling party is conducting a crippling political witch hunt of the opposition in the name of seeking justice for victims of war crimes. The International Crimes Tribunal (ICT) bears no signs of the international standards it lays claim to. Senior political figures condemn those who merely support the accused as worthy of arrest and the chairman of the ICT himself has considerable bias in the case, in the 90’s having been a member of an illegal ‘Public Enquiry Commission’ that was conducted outside any legal framework and that found my grandfather guilty. In addition, while leading members of the opposition party have been arrested and endured almost two years of pre-trial detention and torture without charge, pro-liberation fighters, many of whom are part of the ruling party, are exempt from any charge or trial. Thus war crimes committed by the latter, such as those against the Bihari communities, face blatant disregard. Many, from journalists to international lawyers, have strongly critiqued the glaring legal flaws in the tribunal, including its flawed procedure and apparent desire to enact revenge rather than justice. Even the United Nations condemned the arrests of suspects as arbitrary and in contravention of human rights.

 

Before an international court, such as The Hague, that is observant of due process and guarantees fair treatment, our family would have no qualms about the case. Indeed, we are in no way opposed to the holding of a tribunal; our only demand is that it be impartial and fair. However, any attempt to address these issues is sharply and passionately denounced as a conspiracy to undermine the tribunal.

 

This is reflective of a wider shift in Bangladesh.  Freedom of speech is regularly curtailed, a fact even the staunchest supporters of the government cannot deny: any critic of the tribunal or government is swiftly punished. Charges of sedition over the expression of political views betray a telling rise of censorship in the country. In its desperation to keep afloat a tribunal which any legal scrutiny would swiftly sink, the ire of the government does not even spare senior foreigners critical of the system: Toby Cadman, a British barrister with expertise in international human rights and war crimes, was refused entry to the country and vilified for his constructively critical comments.

 

At a hearing on January 9, my grandfather’s barrister was informed that he must present his client in court on January 11 or my grandfather would face arrest. However, upon appearing in court he was arrested regardless. In spite of showing no signs of departure or avoidance throughout the smear campaign that has gained momentum over the past two years, it would appear the authorities still deemed an 89 year old man incapable of walking without support to be a flight risk. Bail was sought due to his old age and poor health: though granted at first it was swiftly revoked. Pro-regime news outlets across the country went wild spewing unverified polemic: judgement was passed in the media even before he could be judged before a court.

 

The leftists in the ruling party are a particularly emphatic force in the campaign against my grandfather. As a student activist in Britain, for years I worked with western socialists who proved the backbone for international movements for human rights and justice. However, the Bangladeshi left demanding the hangman’s noose rather than a fair trial as the just resolution to wartime suffering, leaves me bewildered at the brand of socialism these individuals practice.

 

The government’s apparent desire for justice over the events of the 1971 war becomes particularly questionable when reflecting on the many serious cases of violent criminality the country has suffered recently that remain tellingly disregarded. A simple and glaring example lies in the 2009 siege at the Headquarters of the border security force, Bangladesh Rifles (BDR). Scores of leading army officers were brutally killed, their wives raped and murdered. Like the infamous murder of the intelligentsia at the close of the 1971 war, the loss of army majors and brigadier generals, superior officers trained over decades, is another deeply dark and tragic space in Bangladesh’s history. Yet, the event remains unresolved, the reaction to it muted and the legal procedures questionable. Small scale and subdued tribunals are slowly under way in makeshift courts, a damningly inadequate response to such a heinous offence against the nation. Those bereaved officers who questioned and criticised Prime Minister Sheikh Hasina over the siege were swiftly discharged from the army. While neglecting the crisis of the present, the authorities have sought to exact political gains by resurrecting and manipulating an event from the past, indeed one which Sheikh Mujibur Rahman, the founding father of Bangladesh and father of Sheikh Hasina, had already resolved soon after the nation’s independence.

 

Police brutality and death in custody is commonplace in Bangladesh and harassment of the ICT defence has been recorded by Human Rights Watch, among others. Bangladesh also remains the only nation that not only practices execution but has in recent times expanded its use. Add to that an extended vitriolic campaign, involving shockingly graphic posters calling for punishment and execution festooned across the country’s major cities, and the results of the tribunal seem to be a foregone conclusion. The danger of injustice and mistreatment is all too real, and deeply worrying.

 

Our last visit, before my recent return from Bangladesh, was limited to a paltry half hour with the four of us observed by eleven standing security personnel and several CCTV cameras. My grandfather was laid across the prison bed, physically weaker than I have ever seen him to be, yet encouragement emanating from his eyes and softly spoken words. I tearfully watched my grandmother weep as my grandfather kissed her fingers with the tenderness of one more aware of his beloved wife’s suffering than his own. I was reminded of his last message before arrest, calling on his followers to prioritise the protection of the nation and its people over any concern for him and to obey the law. It is a testament to his courage in the face of adversity, his devotion to his country and his spiritual strength while the rest of us quail. My grandfather has always been a frank and honest man, trusting God and fearing none besides. He has remained steadfast by his ideals and his hopes for his country and its people, dedicating his life to these causes in a way I have never witnessed from any other person. As I witnessed his unchanged spirit in his prison cell, I realised that a man of integrity cannot be conquered.

 

A.Azam is the grandchild of Professor Ghulam Azam and a writer based in Britain.

Professor Ghulam Azam weakening in dismal living conditions

Professor Ghulam Azam’s poor conditions in his cell at the BSMMU hospital prison have sparked controversy since his imprisonment without the option of bail on January 11th. On Monday his wife, Syeda Afifa Azam, gave a statement which was published by several newspapers, expressing concern that the 89-year old was suffering from a poor diet and lack of care and support. She spoke of an incident in which the former Jamaat-e-Islami leader was incapacitated for half an hour on the bathroom floor before receiving attention. After this statement, he was allowed an attendant to look after him.

On Saturday afternoon, Azam received a 30 minute visit from his wife, son and daughter-in-law. After the visit, they gave further statements on their shock at Azam’s treatment at the hands of the International Crimes Tribunal.

Azam’s son, Abdullahil Aman Azmi, gave a statement as follows:
“My father is mentally healthy. He has often said in the past that he fears nothing but God. Physically, however, he is gradually becoming weak. His voice has become low. Before going to prison, his weight was 72kg. Last week his weight was 70kg. This week it has gone down by another kilogram.

“We all know the extent of nursing that is needed by someone who is 90 years old. My father still does not receive this kind of care. He is also not getting a balanced diet, which he needs. He likes to eat a variety of foods. But he is not being given this type of diet. He is not receiving food according to his wishes. His eyesight is weakening. Last week his knee was injured, and this wound has not yet healed.

“He has been praying for the country, for the country’s people. He asks for the prayers of the people of Bangladesh.”

On behalf of his family, Abdullahil Aman Azmi asked for the people of Bangladesh to pray for his father’s physical health and his release from prison.

Azam’s wife, Syeda Afifa Azam, also made a statement on Saturday:

“Since the 11th January my husband, Professor Ghulam Azam, has been imprisoned and from that day he has been receiving medical treatment in BSMMU’s ‘prison cell’. We are extremely worried about his health. Today after meeting him in February our anxiety has become horror.

“My husband has been imprisoned for 25 days now. Before he was arrested on the 11th January his weight was 72kg. Last week we found out that his weight was 70[kg]. It seemed even less when I saw him today. In the last 25 days I have managed to see him four times. Every single time I thought that he was becoming steadily weaker. Today [Saturday] he seemed even more dismal. Due to his weakness, he was finding it difficult to speak, his voice was low and his speech was indistinct. This is why I feel extremely scared about my husband’s life.”

Professor Ghulam Azam’s bail petition is to be filed on Monday on grounds of old age and poor health, his first application having been rejected when he was arrested in January. The hearing of the bail petition is expected on Tuesday.

Toby Cadman speaks at European Parliament

Toby Cadman, an experienced International Criminal Lawyer, spoke at the European Parliament on the 31st January 2012 on the subject of the International Crimes Tribunal in Bangladesh. Other speakers at the event included an ICT prosecution team member and  the Bangladeshi Ambassador to the EU amongst others.

While those representing Bangladesh focused on the “culture of impunity” which has resulted in a lack of justice for many thousands of Bangladeshis, they failed to address the fundamental flaws in the ICT trial and its proceedings. Due to the propensity for accusing lawyers and commentators of “contempt of court”, it was necessary to emphasise that there was no intention of trying to prevent the trials from taking place.  Toby Cadman focussed his argument on the lack of international standards at the trial, the fact that the court does not uphold national standards nor comply with the international treaties it is nominally party to.

He also highlighted the inadequate time given to the defence to prepare their case, the lack of impartiality of the judges, and the lack of protection for defence witnesses and lawyers. The standard of evidence accepted by the court is also far below what would be expected in a capital case where the outcome is likely to be death by hanging. Indeed the court and some ministers have seemed to pre-ordain the outcome of the trial by suggesting the trial is unnecessary The foreign counsel for the defence have also been denied entry into Bangladesh to assist the local team.

He summarises his arguments in an excellent short article found here.

LATEST NEWS

30/09/2014 Ghulam Azam “in critical state”

07/10/13 2nd ICT witness scandal

07/10/13 Economist on war crimes trial

12/09/13 HRW criticises Professor Ghulam Azam’s trial

16/07/13 Full judgement can now be downloaded here

16/07/13 Radio 5 Live interview with Salman Azami

16/07/13 Press Statement from Family of Ghulam Azam

16/07/13 Sheikh Mujib refers to Ghulam Azam as ‘language soldier’

16/07/13 Protest in London following verdict

15/07/13 Statement from Barrister Abdur Razzak 

15/07/13 Statement from Amaan Azmi 

15/07/13 Ghulam Azam wrongfully convicted by ICT statement from Salman Azami

15/07/13 Press statement from Toby Cadman re wrongful conviction

15/07/13 Verdict expected today

03/07/13 Article by Ghulam Azam’s son on Father’s Day

16/06/13 Ghulam Azam on language movement

15/06/13 New videos with English subtitles added

11/06/13 Ghulam Azam in prison for 17 months

08/06/13 Open letter from Lords Avebury and Carlile to UN

08/06/13 Family History added to Biography section

28/05/13 Update on Professor Ghulam Azam

05/05/13 Mrs Afifa Azam: Open Letter to Hasina

04/05/13 Prof Saiyed Ali Ahsan on Ghulam Azam

22/4/13 HRW submission on Bangladesh

22/4/13 Interview with Mamoon Al-Azami (eldest son of Ghulam Azam) – Bengali with English subtitles

21/4/13 New articles added to media page – New Statesman and Speech by Salman Al-Azami

21/4/13 Statement from Afifa Azam (wife of Ghulam Azam)

21/4/13 Analysis of Professor Ghulam Azam’s case

19/4/13 Conclusion of arguments in ICT case

23/3/13 Professor Azam denied right to attend brother’s funeral

21/3/13 Statement from Afifa Azam, on Ghulam Azam’s thoughts on the current situation in Bangladesh

20/3/13 Sad news of death of Ghulam Azam’s brother Dr. Mahdi Uz Zaman

18/3/13 New document on Ghulam Azam’s representations to Saudi authorities following the creation of Bangladesh on Biography page

7/3/13 New page on Statements by International bodies

4/3/13 Salman Azami on Bangladesh’s ICT and Shahbag on Al Jazeera Inside Story on Media page

28/2/13 Article on Free speech in Bangladesh here

25/2/13 Islamic Human Rights Commission Action Alert re: Ghulam Azam

25/2/13 New sample letter to MPs available here

21/2/13 Ghulam Azam’s son writes about his role in the language movement

19/2/13 Interview with Salman Azami on illegal war crimes trial and Professor Ghulam Azam’s innocence on Al Jazeera English

06/01/13 Retrial plea rejected

25/12/12

Legal submission for retrial of Professor Ghulam Azam

13/12/12

Human Rights Watch calls for a retrial due to serious failings in the ICT

12/12/12

The Economist publishes its widely anticipated article on Bangladesh’s International Crimes Tribunal.

6/12/12

ICT chairman issues order accusing The Economist of hacking his private phone and skype conversations. See here for further details.

26/11/12

Ghulam Azam taken ill and denied medical attention by authorities. See here for further information

19/10/12

Defence witnesses limited to 12 by ICT tribunal. The defence counsel have been refused two foreign expert witnesses willing to testify for Professor Ghulam Azam.

14/5/12

Ghulam Azam indicted for war crimes by the International Crimes Tribunal. See here for further details.

9/3/12

A bizarre day at the ICT on Thursday to say the least! It seems that in presenting formal charges Jamaat-e-Islami leader Abdul Quader Molla, the hapless prosecution counsel, Mr Sultan Mahmud, earned the dissatisfaction of the judges when he consistently made errors of historical fact, wrongly named officers of the Pakistani Army and even the names and titles of the tribunal judges!

29/2/12

The prosecution produced a video as part of their evidence. The 55 minute documentary did not have any footage of Ghulam Azam at all. See here for more information.

15/2/12

The hearing on the formal charges against Professor Ghulam Azam’s charges at the International Crimes Tribunal began this afternoon. The verdict on Azam’s bail petition has been delayed until 23 February.

8/2/12

Ghulam Azam’s bail petition has been delayed. It may be held tomorrow but the date has not yet been given. The Bangladesh government will by now be aware that the UN Working Group on Arbitrary Detention has stated that the detention of other political leaders is in contravention of Article 9 of the Universal Declaration on Human Rights and Article 9 of the International Covenant on Civil and Political Rights.

4/2/12

Ghulam Azam’s bail petition is to be filed on Monday, with the hearing for it expected on Tuesday

3/2/12

Ghulam Azam’s youngest son publishes article in Naya Diganta on his father’s arrest. The article (in Bangla) can be found here. A translation will follow shortly.

30/01/12

The family continues to have concerns regarding Ghulam Azam’s health and treatment in custody. He has not yet been charged, let alone convicted of any crimes yet is being treated very poorly. He has only recently been given access to his lawyers and is still being denied reading material and regular contact from the family.

Recent news reports regarding Ghulam Azam:

2 counsels to meet Ghulam Azam
http://www.thedailystar.net/newDesign/latest_news.php?nid=35469
Lawyers permitted to meet Ghulam Azam

http://www.banglanews24.com/English/detailsnews.php?nssl=8e241a00e2905962b86a2e25a7945c70&nttl=2012013032023&toppos=6
Ghulam Azam’s vision, hearing deteriorating: Dr Abdullah

http://www.banglanews24.com/English/detailsnews.php?nssl=3f259857748dc6c04708514b2b941d80&nttl=2012013031975&toppos=6

ICT permits 2 lawyers to meet Ghulam Azam
http://theindependentbd.com/online-edition/92448-ict-permits-2-lawyers-to-meet-ghulam-azam.html

22/01/12

Ghulam Azam’s son, Amaan Azmi responded to allegations that he was involved in the recent “foiled coup” by Army officers. He strongly denied the accusations, saying that he had served the army for 30 years with honour and would support punishment of anyone involved in such a plot. Further information here.

18/01/12

Professor Ghulam Azam was taken to Dhaka Medical College Hospital for an MRI scan today. He was then transferred back to BSMMU hospital until further notice. No date has yet been given for his transfer to prison, however his family are continuing to lobby for bail or as a minimum, division when in prison. He continues to suffer from a number of medical problems, including back pain and gallbladder problems.

A member of the defence team was arrested and detained today for photocopying documents.

15/01/12

Ghulam Azam remains in hospital. The previous low quality of food has improved since his family made complaints about this, although it is still inadequate. Despite media reports announcing him to be fit and well, he suffers from a number of age-related complaints including back pain, requiring regular physiotherapy. He has also been denied access to a Quran, which violates universal human rights standards. An application for division [a higher standard of prison accommodation] has been made.

An article was published in Amader Shomoy today which states that the UN Human Rights Commission has demanded that the Bangladeshi Government explain the arrest of political leaders including Matiur Rahman Nizami. This letter, sent by the Working Group on Arbitrary Detention was written to the government on September 12th requesting a response within 60 days, however this deadline has since been extended. This demonstrates the level of international concern about the so-called International Crimes Tribunal, and we await further comment from the UN with interest.

“I am worried about my husband’s life”

Please speak out about this inhumane treatment of a wrongfully accused victim of the Awami League government.  See How You Can Help for more information. 

Professor Ghulam Azam’s wife Mrs Syeda Afifa Azam expressed concern about the life of her husband in a statement. She went to see Prof Azam in the BSMMU hospital prison on Friday along with her son and a granddaughter where she found her husband in a very frail condition. The statement is given below:

“We are shocked at the behaviour of the hospital and prison authorities in spite of advice from the specialists. He is becoming thinner and increasingly weaker day by day because of the lack of nutritious food, and if this continues, anything may happen to him. I call upon the hospital and prison authorities to ensure he receives nutritious food.”

“After seeing him today, I am worried about my husband’s life. At 10.30 am on Friday, the prison authorities agreed 3.30 pm for me to meet my husband at the prison cell. When I arrived there on time, the authorities of the prison cell made me, an 80 year old woman, wait for an hour without even having the courtesy to give reasons. The man (my husband) who left the house for court 16 days ago on 11 January 2012 walking was almost unrecognizable today. He was so weak that he could merely sit on his bed with the help of two people. He is not able to have a single meal in peace. “

“An 89-year-old man needs constant care and support,, whereas he even has to [perform menial tasks such as] washing his own plate. The inhuman behaviour towards him shown by the hospital and prison authorities is a gross violation of human rights. After many oral and written efforts, we could not yet provide him with Qur’an, Hadith, Qur’an Translation and Tafsir (commentary) for the last 17 days that could keep him going in his solitary life. In spite of trying for two weeks, no barber was arranged for him. After the specialist’s recommendation and many oral and written applications, he was allowed some additional foods on Thursday. He is not getting the types of food he needs.  There have been around 10-12 applications to the hospital and prison authorities most of which have not even been replied. The way both the authorities are trying to avoid our family is hurtful and extremely discourteous. “

“The incident that caused us the greatest concern is that he was about to fall down in the bathroom  due to weakness while having a shower on Wednesday. In that condition, he somehow sat down on the bathroom floor. Then he tried for half an hour to get up with his knees on the floor and hands on the commode and basin, but failed to get up. Finally, he called a security guard who helped him get up, but injured his knees in the process. It was, in his language, ‘One of the most difficult days of my life’.  Overall, we are very concerned about his life. The indifferent attitude, behaviour and neglect of the authorities are very inhuman. We want an immediate solution to his problems.”

HRW: Human rights abuses in Bangladesh

Human Rights Watch published its World Report recently, and also posted an article on its website entitled Bangladesh: Tightened Control and Broken Promises. This documents human rights abuses in Bangladesh under the aegis of the Awami League government, including a rise in extrajudicial killings, disappearances, harassment of human rights organisations, and torture.

They also criticised the International Crimes Tribunal, saying:

Charges have been filed against seven people accused of war crimes during the 1971 war for independence. The first trial under the tribunal began in September against Delawar Hossein Sayedee. Some important amendments were made in June to the International Crimes Tribunal (ICT) Rules of Procedure, which included ensuring the right to a presumption of innocence, the right to a fair and public trial, the right against double jeopardy, and the right to counsel of the accused’s choice.

However, these amendments did not address other important shortcomings in the rules, such as the denial of interlocutory appeals, the need to establish a defense office, and the need to repeal article 47(A) of the constitution, which denies fundamental rights under the constitution to individuals accused under the ICT Act. The provision even bars claims that article 47(A) is unconstitutional.

The proceedings in Sayedee’s case raise serious concerns about the impartiality of the bench and the rights of the accused to a fair trial, Human Rights Watch said. The accused has been denied access to foreign counsel of his choice, and the defense teams contend that defense witnesses and investigators have been harassed.

“Bangladesh promised to meet international standards in these landmark trials, but it still has a long way to go to meet this commitment,” Adams said. “Bangladesh could have set the standard for other nations that have suffered from unspeakable abuses, but problems with the law and the conduct of the first trial are throwing away this opportunity.”

Azam’s son responds to False Allegations

Today, Abdullahil Amaan Azmi (ex-Brigadier General in Bangladeshi Army) held a press conference in which he responded to false media reports that he and his younger brother Numan had been involved in the alleged attempted coup against the Awami League government. He stated the following clearly:

  • That he had no involvement in the alleged coup and would not support any such action
  • He had served the Bangladeshi Army for 30 years with “sincerity, honesty and discipline”
  • No one in the family had any links with anyone named as being involved in the coup
  • Those involved in such actions should be punished
  • That his brother, Numan Azmi, lives in the UK and had never been to Pakistan or Malaysia as suggested in the media and also had no knowledge of or involvement in the coup
  • The media reports are aimed at tarnishing the family’s image after Ghulam Azam’s arrest

His statement was reported widely in the Bangladeshi media. See articles on BDNews24 or The Daily Star for further details on his statement. An English translation will be available shortly on this site.

We strongly condemn this harassment of Ghulam Azam’s family who have been unfairly targeted as a result of his political activities. It also illustrates the lack of consideration of the truth in reporting by some media outlets in Bangladesh.

Eminent Islamic scholars condemn arrest

The arrest of Professor Ghulam Azam was condemned by the International Union of Muslim Scholars (IUMS).  The organisation, chaired by Sheikh Yusuf al-Qaradawi, made the following statement:

Statement by the International Union of Muslim Scholars in Response to the Arrest of Professor Ghulam Azam and Other Thinkers and the Erosion of Civil Liberties by the Bangladeshi Government



The International Union of Muslim Scholars condemns the arrest of Professor Ghulam Azam and other thinkers by the Bangladeshi government, and urges the government to speed up the release of all political prisoners and to respect civil liberties. The International Union of Muslim scholars appeals to the Muslim world, and international organizations to pressure the Bangladeshi government to cease these oppressive practices.

Praise be to God, prayers and peace upon the Messenger of Allah, his family, companions and allies.

The International Union of Muslim Scholars is following closely and with deep concern the events and the latest developments in the Republic of Bangladesh regarding violations of human rights under the current government and the use of threats, retribution and imprisonment in order to suppress freedoms.  Many people have been imprisoned due to their opinions and disagreement with the current government, including even his excellence the great Sheikh Professor Ghulam Azam, the former leader of the Jamaat-i-Islami party, and a most prominent Islamic personality respected by millions across the global Muslim community.

The International Union of Muslim Scholars, in their denunciation of these arrests, states the following:


First: That the arrest of the revered Sheikh, who is soon to reach 90 years of age and who has dedicated his life to the service of the Islamic cause and called on all Muslims to comply with the tolerant teachings of Islam based on moderation and centrism, is disgraceful, and has shaken the reputation of a fellow Islamic state throughout the world.


Second: That the charge of Professor Ghulam Azam and his fellow scholars and Islamic activists of committing war crimes more than forty years ago is irrational and cannot be accepted by Muslims around the world. If there were war crimes, as is claimed, where has the national judiciary been throughout this long period, and why did they not accuse them of these crimes when they were allies of the ruling party? If they actually were war criminals, how could they have been elected by the people Bangladesh with millions of votes to become members of Parliament and become ministers in the government? If the issue is the political opposition of these leaders in 1971 to the separation of East Pakistan from West Pakistan, especially in light of clear external intervention, it should be understood that this is a right for them guaranteed by all legislations, constitutions and international laws. It is natural for a citizen who is loyal to his homeland to not desire anything save the unity of his country and to see the preservation of this unity as a national and religious duty.


Third: The Union calls on the Bangladeshi government to release Professor Ghulam Azam and the other political leaders immediately, so that these arrests do not lead to the deepening of political differences and to the expansion of intractable social conflicts in a fellow Islamic country, for which we wish growth and prosperity. We wish that all efforts and resources in Bangladesh be spent towards construction and the overall national development.


Fourth: The Union reminds the government of Bangladesh that the era of injustice and the restriction of people’s liberties is over. We have seen a number of Arab peoples who have liberated themselves from fear and expelled the oppressive tyrants and established a new democratic era which guarantees people freedom, justice and equality, and which frees nations from chains and shackles. The Bangladeshi government should act accordingly; it should make every effort to unite the resources of the people of Bangladesh to achieve comprehensive development of this country.


Fifth: We warn the Bangladeshi government that these ill practices will have an adverse effect on the Bangladeshi government and people, and that they are doomed to failure. The fate of the oppressors and tyrants is death and destruction, as God the Most Exalted says: “Those who oppressed within the lands, and increased therein the corruption, your Lord poured on them the disaster of His punishment. Indeed, your Lord is ever watchful.” (89:11-14)


Sixth: We remind the government of Bangladesh that land of Bangladesh was part of India major before it broke from India in the form of the Islamic Republic of Pakistan, composed of East and West Pakistan. It then separated from Pakistan and formed its own state. However, this state remains a part of the original Islamic state, of which Islam was the essence and the foundation of its mission. It ought not to be fighting Allah and those who call to Him, and should not exile His people, and bring closer His opponents. This is what exposes the country to danger, for there is nothing to support this country except Islam, and no helper for its people except Islam.

“God always prevails in whatever is His purpose, but most people know it not.” (12:21) And He is the one whose aid we seek.
Doha,Qatar
Safar, 24, 1432 AH
2012/01/18
Dr.Yusuf al-Qaradawi                              Dr. Ali al-Qaradaghi

Harassment of Defence Lawyers

A researcher from Ghulam Azam’s legal team was arrested today while photocopying documents for the case. According to BDNews24, the researcher was photocopying a document when a call was received by the New Market police station, purporting to be from the tribunal, asking them to detain the man.  They also seized the documents which were being photocopied and refused to release them until the International Crimes Tribunal directed them to do so.

The tribunal’s chairperson stated that the documents were confidential and needed to be kept secret. Judge Zaheer Ahmed denied knowledge of the phone call but refused to investigate further, saying “We will not go into that. It could have been  a secret informant”.  The judge  also stated that court documents should not be taken to a public place for photocopying. However, the number of pages (in total over 25,000) made it impractical for the defence team to do otherwise. They were advised that, although this rule was not in place previously, they would need to apply for permission to photocopy documents in future.

This is yet another example of the harassment of defence lawyers, which has been criticised by Human Rights Watch. It also highlights media bias in presenting the police and ICT in a favourable light even after subjecting an innocent person to unnecessary police detention, with no apology issued to the victim. This occurs in the context of giving the defence team only three weeks to prepare their case, thus wasting time and delaying them further.

International Protest and Comment

The international community has started to take note of the so-called International Crimes Tribunal and have raised questions about its legality and authority.

During a roundtable discussion at CIRDAP auditorium yesterday, professor of Law at the University of California, Berkeley,  Laurel E Fletcher, stated that “such trials run the risk of turning into political show trials, where laws are bent to produce predetermined results.”  During this same discussion, it was claimed that criticising the trial was effectively, by extension, questioning “the very sovereignty of the country” – a ludicrous statement aimed at silencing opposition to the trial within Bangladesh.

The Manchester Evening News published an article about the family’s concerns that Ghulam Azam will not receive a fair trial in Bangladesh.

A Toronto-based human rights group, Bangladesh Watch, has criticised the actions of the Bangladesh government and condemned them as being politically motivated. It has called for an end to the harassment of political opponents of the Awami League government.

Pakistan Today, a prominent daily newspaper, published an article yesterday condemning the arrest of Ghulam Azam, saying “Keeping Prof Azam’s clean political and social life in view and analysing his contribution to the prosperity and development of Bangladesh, it is needed that such a respectable and seasoned politician should be released.”

It has also emerged that the UN Commission on Human Rights had written to the Bangladeshi government for an explanation of the legal basis of the arrest and detention of six opposition leaders [from BNP and Jamaat-e-Islami]. Bangladesh have yet to respond to this demand.