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HRDB NEWSLETTER

29 Aug 2016

Human Rights and Development for Bangladesh Newsletter

Bangladesh:

All set for another Judicial Killing


Following four executions so far, Bangladesh
keeps pushing for another death penalty for
Mir Quasem Ali, a key leader of Bangladesh's main
religious party, Jamaat-e-Islami.
Amid irregularities and failed to
meet international fair trial and due
process standards the appellate
division of Supreme Court on Sunday concluded the hearing on the
petition filed by death row convict
leader Mir Quasem Ali, a senior
opposition member, seeking review
of its earlier verdict that upheld his
death penalty for alleged crimes
against humanity during the War of
Independence in 1971.

Like other previous cases the present


Awami-led govt, will not spare any
time to hang him as another example
of judicial Killing.

Two weeks before this review hearing


Ali's son and part of his legal defence
team, Mir Ahmed Bin Quasem, was
abducted from his home on 9 August
by Bangladeshi security forces. More
condemnable issue is, since the abduction incident, the officials of the
law enforcement bodies have been
The five-member appeal bench led by denying the arrest claim. Barrister Mir
chief justice Surendra Kumar Sinha
Ahmed Bin Quasem on 19 June filed
fixed 30 August, Tuesday, for the final a 68-page review petition with the
verdict in the case. Once the review
Appellate Division seeking acquittal of
petition is settled by the SC, then the his father.
only option will remain for Mr. Ali is to
seek presidential mercy before execu- In this background defence counsel
Khandker Mahbub Hossain on Aug
tion.
24th prayed for a month to prepare for

the review hearing, but the court rejected his plea and upheld death penalty of Mir Quasem Ali.
Moreover, the court itself felt that
prosecutors involved with the trial
were not correctly investigating and
prosecuting even though enough
money was being spent on them, he
said. The government-appointed prosecutors run the cases at the ICT. After
the tribunal delivers a verdict, the defendants appeal at the Supreme
Court.

While hearing Mir Quasems petition


to review his death sentence on Aug
28th, the top appeals bench headed
by Chief Justice Surendra Kumar Sinha observed that those prosecutors
involved with the trial do not 'deserve
to be where they are'.
A group of United Nations human
rights experts in a news release issued on Aug 23rd 2016 have urged
the Government of Bangladesh to
annul the death sentence imposed
upon him, and to re-try him in in compliance with international standards.

Killing two birds with one stone!

Unjust Execution of a Father & Detention of a Son!


Linking current militancy to the opposition
The detention of Mir Ahmed Bin Quasem has also provided an opportunity to the
government and law enforcement agencies to try and directly link together the opposition parties, the war crimes trials and the ongoing deadly militancy something
which they have long been trying to do.
This is what is most likely to happen to Quasem. Soon after the execution of Ali, the authorities will probably announce that he was detained earlier that day, name him in a case
relating to militant financing, and the court will then remand him into police custody.
Read more: David Bergman http://thewire.in/61120/bangladesh-secret-detentions/

UN experts also indicated that Ali's


deprivation of liberty was arbitrary and
in breach of articles 9 of the Universal
Declaration of Human Rights and the
International Covenant on Civil and
Political Rights.
The UN human rights experts also
expressed alarm at reports of his
sons illegal abduction by Bangladeshi security forces.

Mir Quasem Ali (MQA) is the


Chief Executive of the Diganta
Media Corporation Limited,
the company which owns the
Daily Naya Diganta newspaper and thee TV station Diganta TV (DTV). He is a victim
of political vengeance of the
ruling government in Bangladesh. Government in order to
kill him has conspired to convict him through the false accusation and cases of crime
against humanity and false witnesses given by party men
guided by the blueprint design
of the government.
The International Crimes Tribunal
No.1, Dhaka on 17th June 2012 ordered arrest of MQA for alleged offences allegedly committed during the
1971 Bangladesh War of Liberation.
He was arrested from the headquarters of the daily newspaper. The Tribunal in its order issuing warrant of
arrest against MQA stated that "...he
had already made campaign against
the process of this Tribunal in Foreign
countries...
Although the Tribunal was supposed
to look into incidents of 1971, however
as evident from the order, the Tribunal
was inclined to order arrest for what
Mir Quasem Ali was doing in 2012.
Muzzling the press:
Although the Prosecution alleges that
MQA was involved in several crimes
committed in 1971, the arrest came
after the Daily Naya Diganta & Diganta TV produced a number of critical reports scrutinizing the actions of
the current government. In particular,
these two media outlate exposed the
legal flaws in the investigations of the
government-appointed War Crimes
Tribunal, which has been used to
oppress the opposition party leaders
in the name of trying allegations of
crimes committed during the 1971
Bangladesh War of Liberation.

Death Sentence of Mir Quasem Ali:

A dark picture of misuse of

Judicial proceedings
As a result on 6th May 2013 the government forcefully closed DTV. After 10
days i.e. on 16th May 2013 the prosecution pressed the Charges against
MQA in the Tribunal and 10 days thereafter i.e. on 26th May 2013 the Tribunal
took cognizance of the alleged offences
against MQA allegedly committed in
1971.
Quasem was harassed before arrest
Although arrested in June 2012, the
government started harassing MQA
since 2010 since his media houses had
been very critical to the government
from very beginning. He was banned
from traveling abroad
Bangladesh Bank froze all the bank
accounts of MQA and his family members. No transactions are being allowed
in those bank accounts till date.
What are the various reasons for
Awami League to target a popular
leader like him:
1. Mir Quasem Ali is a leader of Jamaat
-e-Islami, the only political party in
Bangladesh with an honest leadership
capable of moving this country forward
from the ruins of corruption, poverty,
and injustice.
2. Mir Quasem Ali represents the
younger generation of leaders within
Jamaat-e-Islami who are open to much
needed reform and reorganisation of
the party around the cultural synthesis
of the people of Bangladesh.
3. Mir Quasem Ali is one of the few
leaders with a vision for Jamaat-eIslami and Bangladesh. With his massive grassroots support and his intellectual wherewithal, he is in a perfect position to bring his vision to reality.
4. Mir Quasem Ali became an international face of Jamaat-e-Islami due to his

diplomatic connections around the world


and in Bangladesh. His understanding of
the world politics and ability to elegantly
represent Jamaat at the world stage was
unparalleled.
With Mir Quasem Ali out of the equation,
the Awami League assumed that, the
Jamaat-e-Islami will be a weaker political
force unable to cope with changing sociopolitical landscape.
3 main reasons that disqualify allegations against Quasem
1. The charges are newly manufactured
and were never heard of! Though the
alleged incidents took place more than 40
years ago, no such allegations were
brought against Mr Mir Quasem Ali by the
relatives of the victims or the state until a
military-backed Awami League claimed
victory in 2009 elections.
2. Immediately after the war, the new
government of Bangladesh identified,
punished, and in some cases killed the
local collaborators of the Pakistani Army.
Mr Mir Quasem Ali was never arrested
after the war, the authorities did not find
any complaint against him.
3. Mr Mir Quasem Ali was born in 1952.
During the war, he was only 19 years old!
It is impossible that a 19-year-old would
assume leadership role of a large paramilitary force like the Al-Badr or direct a
professional armed force like the Pakistani Army, as claimed by the delusional
state prosecution.
MQA has not been implicated by anyone in any crime for last 40 years. The
ruling regime created trumped charges against him with the sole purpose
of political vindication for his efforts
to expose the corruption and crimes
of this current regime through his media houses. He was not given minimum opportunity to defend the charges brought against him in a kangaroocourt.

Adduction of Mir Ahmad Bin Quasem:

A Groomy picture of
Human Rights Violations
According to the account of Mr.
Mir Ahmad family shared with
their families and friends immediately after the abduction, the attorney was picked up by some 78 plain clothes persons at the
middle of the night who forcefully took him from their Mirpur residence.
Journalist David Bergman talked to the
family and shared in his social network
Facebook account revealed the abductors denied to reveal their identities and
failed to show any arrest warrant.
US Diplomat Jon Daniwolicz expressed
concern about the abduction in his twitter account.
Human Rights Watchs South Asia Director Meenakshi Ganguly urged the
authorities to immediately release the
abducted attorney.
From the abducted attorneys wifes
account, he was picked up in front of
his two daughters, both of the them are
aged less than 5 years.
The attorneys family went to Mirpur
Police station to lodge a general diary
of the incident expressing concern of
his life, but police denied to accept the
GD.

According to wife of the abducted attorney, he was forcefully taken off from the
residence in front of their two daughters, who are below 5 years in age. His
wife Farhana Thamina pleaded for help
to know the whereabouts of her husband.
Bangladeshs police and other law enforcing agencies have long notorious
track record of maneuvering enforced
disappearances and extra-judicial killings. According to rights groups in between 2013 and 2015, some 188 were

victims of enforced disappearance of


whom only 32 dead bodies were found.
More condemnable issue is, since the
abduction incident, the officials of the
law enforcement bodies have been
denying the arrest claim.

In a similar incident Hummam Quader


Chowdhury, son of Salauddin Quader
Chowdury executed allegedly by order
of so-called International War Criminal
Tribunal, was detained by detectives
from a court premise in Dhaka on August 4th.

Turning a blind eye to the


injustices currently happening in Bangladesh is
no longer an option.
Stop Judicial Killings.
Form an international Tribunal un-

der the auspices of the United Nations to bring the real culprits to jusMir Ahmad BinQuasem is a practicing bar- tice rather than falsely implicating
rister and a member of the Defense Team, and incriminating leaders, scholars
a group of lawyers defending key opposiand personalities from the opposition leaders of Bangladesh who are facing tion camp.
trial at the International Crimes Tribunal in
Dhaka.

He has worked with international human


rights organizations, multinational NGOs,
international donor agencies, international
think tanks, international media outlets and
foreign missions in Dhaka to promote fair
trial systems, due judicial process, human
rights, civil and political rights, good governance and freedom of the press. He is
consulted on a regular basis by the international community for analysis of Bangladeshs political and security situation.
He completed his Bar Vocational Course
from the Inns of Court School of Law, London and was called to the Bar of England
and Wales in 2007. He has spent a year in
Egypt obtaining a diploma in Classical Arabic. He was trained by 9 Bedford Row International, a leading legal firm on International Criminal Law during the trials at the
International Crimes Tribunal. His other
legal practice areas include judicial review,
international trade, corporate law, admiralty, military law, foreign direct investment,
public private projects, international/
multinational financing, and Islamic finance
and banking.

Stop the use of the death penalty in


all circumstances, even for the most
serious international crimes.

Protect all human rights.


Condemn the incident as in the name
of law enforcing agency members, a
group of plain cloth personnel have
unlawfully picked up detained Mir
Quasem Alis son and his defence
counsel Barrister Mir Ahmad Bin
Quasem Arman.

Call upon the international human


rights organizations and the lawyer
communities to raise voice against
such unlawful and inhuman activities of
the government.

Urge the Bangladesh Govt. and

the
concerned authorities to disclose the
whereabouts of Barrister Arman immediately and to bring him back to his
family. Otherwise, the government has
to take the liabilities if he suffers from
any damages.

Human Rights and Development for Bangladesh Newsletter

29 Aug 2016

Contd. from front page ...

Previously, four other party leaders of BJI including the party chief,
Motiur Rahman Nizami, were executed in similar fashion. This occurred despite repeated calls from
International Humane Rights
Groups and diplomatic efforts,
including from the U.S. Secretary
of State John Kerry, UN Secretary
General Ban Ki-moon, and Turkish
President Recep Tayyip Erdogan.
Looking at recent propaganda
linking him falsely to the surge of
terrorist activities in Bangladesh by
high-level ruling party leaders and
their media it is imminent that
Awami-lead Govt. will not spare
any chance to hang him.

Who is Mir Quasem Ali?


Mir Quasem Ali is the founder of more that 15 Hospitals, 10 Schools and helped build
many orphanages, Women Shelter & Rehabilitation Centre, Free medical centers and
Mosques.
Chairman (Management Committee), Diganta Media Corporation. This is a media
house, which owns One Satellite TV Station, One Bangla Language National Daily News
Paper, and Two Monthly Magazines. One FM Radio station, one English language National
Daily, One 24 hour web based news portal both in Bangla and English will be launched soon.
Islami Bank Bangladesh Limited: This is the biggest Private bank in Bangladesh which
introduced Islamic banking and financing to the people of Bangladesh. He in one of the
Founder and Visionary behind the success of Islami Bank. He was the Chairman of the Executive Committee for 12 years and Vice-Chairman for 4 years. Under his leadership Islami
Bank became the first public listed bank in Bangladesh. Islami Bank is the highest tax and
VAT paying bank in Bangladesh and the second highest tax paying corporation in the ranking
of all corporations in Bangladesh both national and multi-nationals combined.

Founding Trusty and Member responsible for Administration, Islami Bank Foundation.
This Foundation is a sister concern of Islami Bank Bangladesh Ltd, it runs more than 15
International Human Rights groups Hospitals and more that 50 Hospitals are under Construction; these hospitals provide Health
Care at cost price affordable for the majority of the population. , One English Medium School,
that have spoken out against the
One Medical College, One Rehabilitation Centre for deprived women One Language Learnjudicial proceedings include Huing Centre and Lends interest free loans for SMEs and 49 projects aimed at poverty eradicaman Rights Watch, Amnesty Inter- tion.

national, The International Center


for Transitional Justice, the International Bar Association, No
Peace without Justice, the United
States Ambassador-at-Large for
War Crimes Stephen Rapp, Members of the United States Congress, Members of the British Government, Members of the United
Kingdom House of Lords and the
Bar Human Rights Committee of
England and Wales. The United
Nations Working Group on Arbitrary Detention has declared the
process in breach of international
law, and has referred the matter to
the UN Special Rapporteur on

Islamic Economic Research Bureau. One of the biggest think tanks of Bangladesh on
Commerce and Economics. He was the Chairman and currently he serves as a Trustee of
the Board of Trustees of the Organizations.

Founding Trusty and Member responsible for Administration, Ibn Sina Trust. This trust
runs 4 Specialized Hospitals, One Medical College, and 5 Diagnostic Laboratories; Ibn Sina
Trust was first private healthcare provider offering whole range of Health Care Services.
100% profit is plowed back for Humanitarian Causes. Trust also runs 11 other community
service projects.
Director (Marketing), Ibn Sina Pharmaceutical Industry. One of the first Pharmaceutical
industries in Bangladesh, holding nearly 10% of the Market share. Pharmaceuticals is the
2nd biggest export sector in Bangladesh.
Chairman, Association of Multipurpose Welfare Agencies of Bangladesh. This is the
biggest Association of Bangladeshi NGOs.
Vice- Chairman, Industrialists and Businessmen Welfare Foundation. A global forum
for Businessmen and Industrialists of Bangladeshi Origin. Currently it has representation from
20 countries.

Chairman, Keari Limited. This is a group of Companies which includes Real State Development, Poultry and Tourism. This company was the first to launch ocean going luxury
Tourists Liner in Bangladesh. Now it operates two such ships.
Senior Vice President, Allama Iqbal Trust. This trust is dedicated on development of
literature of aesthetic merit.
Trusty (Responsible for Administration), Fouad Al Khateeb Charity Foundation. This
trust runs 10 charitable community services projects.
International Relations:
He is entrusted by Bangladesh Jamaat-e-islami for maintaining relationship with International
Community and he is a Senior policy maker in formulating Foreign Policy of Bangladesh Jamaat-e-Islami.

Human Rights and Development for Bangladesh (HRDB) / email: humanrightsbd@gmail.com

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