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Bangladesh on the Brink!

Bangladesh on the Brink!

All praise is for Allāh who has sent His Messenger with knowledge and guidance and the true religion so that it may be dominant over all others.

And never think of those who have been killed in the cause of Allāh as dead. Rather, they are alive with their Lord, receiving provision, Rejoicing in what Allāh has bestowed upon them of His bounty, and they receive good tidings about those [to be martyred] after them who have not yet joined them – that there will be no fear concerning them, nor will they grieve. They receive good tidings of favour from Allāh and bounty and [of the fact] that Allāh does not allow the reward of believers to be lost – (Ali –Imran:169-171)

The secular Awami League (AL) government of Bangladesh has finally got the blood it has been craving. This murderous regime led by a deranged woman is hell bent on destroying the country. If they cannot remain in power they will do whatever necessary to bring the country to the edge of a precipice.

The execution of Abdul Qadir Mullah (may Allāh have mercy on him) on Thursday 12 December at 10.01pm local time was the culmination of an Awami League witch hunt against Islamic leaders.  The death sentence was handed down based on retroactively amended legislation, which according to Human Rights Watch violates international fair trial standards’.[1] This comes as no surprise to observers following the sham trial. Toby Cadman, an international criminal law specialist, points out, “The current Awami League Government has ridden roughshod over every respected legal opinion, and callously manipulated the emotional scars of the past for its own ends”.[2]

Cadman explains the extraordinary interference of the executive with the judiciary in this case.

“Originally, Abdul Qadir Mullah was convicted and sentenced to life imprisonment. This was before the Prime Minister rushed through an amended law that would allow the Prosecution to appeal against an inadequate sentence and seek the death penalty. Simply put, the government interfered with a judicial process to ensure Mullah could be executed. Meanwhile, Sheikh Hasina promised in parliament that she would make direct representations to the judges to make sure they fully understood their new responsibilities.”[3]

HRW highlights a startling fact, “The International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a state party, prohibits the retroactive application of criminal law that has a negative effect on the defence.[4]

Legal experts and human rights organisations have categorically condemned the death sentence against Abdul Qadir Mullah arguing his execution follows an unfair trial and denial of a full and impartial appeal of his conviction.

David Bergman, a western journalist based in Bangladesh and a close observer of the trials sums up the case against Mullah, “So in summary: the sole basis of Mullah’s death sentence is the uncorroborated testimony of a single witness who said (having suffered a mental breakdown, and whilst wearing a hijab) that the accused was present at a crime scene, in recollection of events 43 years previously when she was 12 or 13 years of age, and where she had, up until (sic) that point, never mentioned his presence at the scene, and where her testimony was inconsistent with two other statements she had given (including one to an investigation officer).”[5]

Bergman gives another reason why the execution was highly objectionable. “The second reason is to due to  preventing Mullah from putting forward a proper defence. Mullah was restricted to only 5 witnesses, whilst the prosecution could bring as many as they wished – in fact they brought 12.”

He goes onto explain the tribunal’s justification for the restriction. “It was not the job of the defence to knockdown the prosecution case, or to discredit prosecution witnesses or to question their credibility. All the burden of proving the case was on the prosecution, so the defence did not have any reason to bring witnesses for that. The only witnesses that they were allowed to bring were alibi witnesses, and five, the tribunal thought was enough.”[6]

Is there any criminal justice system in the world that accepts such a preposterous principle?  As Bergman notes not even normal Bangladesh law supports it.

Impartial observers have pointed out the International Crimes Tribunal (ICT) is a farce and a political witch hunt.  The tribunal fails to meet minimum local standards let alone international ones. Cadman could not have expressed it better when he said,

“International legal experts expressed dismay at a risible court masquerading as an ‘international’ war crimes trial.”[7]

The sole purpose of the tribunal is to hunt down the opposition based on their ‘political or religious affiliation’. The process was manipulated to arrest opposition leaders. “Stories of the most appalling behaviour by judges and prosecutors emerged.”[8] Cadman concludes, “It is now very clear the Awami League government of Sheikh Hasina hijacked the process so it could destabilize its opponents under the guise of ‘justice’.”[9]

Perhaps, what is more chilling than the state murder of Abdul Qadir Mullah is its actual timing. One has to ask when the country is experiencing such levels of violence why any responsible government would pour more fuel on the fire. The execution was a cold political calculation. The result shows utter contempt for the sanctity of innocent life.

Bergman[10] has some interesting views on why the execution happened now:

- although there is no competitive election, the AL needs to enthuse its base, at least to make sure its supporters come out at the election. Molla’s execution would help with this

- the war crimes trials was an election commitment, and one that the party needs to show that it fulfilled. An execution, would be the perfect example of this

- the AL leaders must feel pure hatred for the Jamaat and the role that they have played in supporting the BNP’s siege (sic) and other opposition activities. The execution would be payback.

- who knows what will happen in the future, so best to get it done with

- and of course it will be useful in putting the BNP in a difficult position (as stated above) and also could provide a rationale for declaring an emergency state (if they wanted to use it)

Some of the blood thirsty mob did in fact come out to celebrate.[11] Brad Adams, Asia director at Human Rights Watch said,

“Many observers believe that the government wants an execution so close to the election in order to score political points”.[12]

Consequences for Bangladesh

Warnings about the possible consequences of this state murder have come from different quarters. “The execution of… Mollah should never have happened,” said Abbas Faiz, Amnesty International’s Bangladesh researcher. “The country is on a razor’s edge… with pre-election tensions running high and almost non-stop street protests.”[13]

Brad Adams said,

“War crimes verdicts have already led to major protests and violence this year. A hanging in such a controversial case in a volatile political atmosphere in the run-up to national elections will likely lead to large numbers of deaths, injuries and property damage,”.[14]

Toby Cadman, suggests due to the deteriorating security situation,” The intervention of the army is now an increasingly likely scenario”.[15] In another piece he remarks, “It would not be hyperbolic to say that the execution of Mollah could create an irreversible chasm between the Bangladeshi government and a significant portion of its people”.[16] But if the regime has succeeded in dividing the people, “It has also galvanized the political opposition in the face of a leadership that has proven itself incapable of wanting to govern for all Bangladeshis, but rather plough head on in its vicious attempt to hold onto power, come what may”.[17]

The country is already reeling from continuous protests with devastating effect on ordinary people.  Besides the social impact on the population Awami League is determined also to destroy the country’s fragile economy. Investors will be weary to do business with a country that is always on strike.

Abdul Quader Molla (may Allāh have mercy on him) was denied a fair trial and subsequently denied justice. But his death is not vain. His killers will not escape the judgment of the Most Just, al-Ḥakam Al-’Adl.

These are reported to be his last words:

“I am absolutely innocent. I am being murdered as I am involved with the Islamic movement. The death in martyrdom is not bestowed in everyone’s fate. If Almighty Allāh blesses me with martyrdom, I would consider myself as the luckiest. The martyrdom will be the best achievement of my life. My every single blood will mobilise the Islamic movement and will bring the doom of the autocrats. I am not worried for myself. I am worried about the fate of this nation and the Islamic movement. To my knowledge, I have not committed any mistakes or offences. I have sacrificed my entire life for the Islamic movement. I have never bow down my head before irregularities, will never do by the grace of Almighty Allāh. No question is raised of seeking mercy or life before any worldly authority. Allāh is the only deciding authority of life and death. Allāh will fix my fate. I will not be executed as per the decision of any individual. My time and date of martyrdom will be finalized as per the decision of Almighty Allāh. I will accept the decision of Almighty Allāh in any cases (sic).”[18]

 

 

Source; www.islam21c.com

[1] http://www.hrw.org/news/2013/12/08/bangladesh-halt-execution-war-crimes-accused

[5] http://bangladeshwarcrimes.blogspot.ca/2013/10/unreliability-of-witness-testimony-is.html

[6] http://bangladeshwarcrimes.blogspot.ca/

[11] http://www.thedailystar.net/beta2/news/joy-bangla-rocks-shahbagh-again/

[13] http://www.aljazeera.com/news/southasia/2013/12/bangladesh-politician-be-executed-20131212622649656.html

DISCLAIMER: All material found on Islam21c.com is for information purposes only. The views expressed on this site or on any linked sites do not necessarily represent those of MRDF & Islam21c.


 

About Sheikh Abu Talha

Abu Talha graduated from Madinah Islamic University (K.S.A) with a BA Hons in Shari'ah and specialises in the field of Fiqh and Islamic Law. During his study in Saudi Arabia, Abu Talha also learnt from the Scholars teaching in the Prophet's (Peace be upon him) Mosque. He is active in the field of dawah. He currently holds the position of Imam and Khateeb at Masjid Ansar in Goodmayes, Iford where he delivers a number of classes and holds a number of regular activities.

7 comments

  1. What about hundreds of innocents this man killed? Just because these murders happened 40 years ago doesn’t mean this person doesn’t deserve the punishment he received.

    Allah’s justice may delay but not denied. Not here on Earth, nor in the hereafter

  2. Sadly my father’s country of B’desh is in turmoil. Hanging a man without a fair trial and credible evidence is far from justice, and can never make up for the injustices of the past. Justice can not happen when the Judiciary is in the hands of the Executive.
    The founding father of B’desh had vision to understand that the only way forward for the country is through reconciliation.  If only his daughter Sheikh Hasina grasped this, rather she turned into an ugly power hungry tyrant, who has deliberately whipped up a vindictive frenzy to make political gain from the atrocities of the past. The way forward for B’desh is to rid itself of the current AL regime whose primary motivation is to serve themselves and their bank balances through any means necessary even if it tears their country apart.

  3. Vibrant, he said himself…even when execution was near inevitable that he was innocent of all accusations

    how can he be guilty when at the time he was in league with awami league party?

    then alhamdulillah Allah guided him

    now he was at the forefront of jamat and these devils had him killed. it was purely political …they couldn’t care less about justice

    why do you believe Hindu collaborators over a man who resigned himself to the will of Allah to the end?

    there is something wrong in your thinking

    and Im full Bengali by the way so this isn’t a Pakistani telling you

    let go of nationalism. its nothing.

  4. Faraz Choudhry

    A great martyr. We came from Allaah and to Him is our final return.

  5. Assalamualaikum wa rahmatullahi wa barakatuh

    Make an article on Pakistani atrocities, if you have any sense of justice in you. You risk turning Bangladeshi Muslims away from Islam when you vindicate those they consider collaborates in the genocide they were put through.

    I am half-Bangladeshi, I know secularism is wrong and Hasina needs to be overthrown and executed.

    However, so do the Pakistani war criminals, and the filthy collaborates.

    If this man was innocent, he is shahid. If not, then Allah can settle the remaining score on yawm ad Din.

  6. Allah picks his Shuhuda, and has taken Sh. AQ Mulla from us. May Allah have mercy on all of us, and guide us to continue in His cause. Let every life lost in his way only strengthen the Islamic movement, and let the Ummah’s soil be irrigated with this blood. May Allah accept our efforts and give us a noble death. Ameen.

  7. They say that the first casualty of war is the truth. I was born shortly after the 1971 war. My parents lived through it and I can see that the period has left deep scars in many people. I am not naive to suggest that atrocities aren’t committed in wars from either side and for the nation as a whole to move on this issue needs to be addressed. Is AQ Mullah innocent? I don’t know.
    Can AL give justice? Obviously not, as evidenced in the article. Can the opposition BNP give justice? Most would agree that they can’t either. Both of these parties work on the same principals of secularism and blind partisanship which has brought the nation to its knees. They have served nothing but their own interests, the interests of their cronies and those of foreign powers.
    How can we expect an unjust system to give justice?
    Although much is said about western comments on the corruption, Muslims in the UK are all too familiar with the hypocrisy here too.
    In my humble opinion although highlighting the problem what this article lacks is how to move forward to ensure that we can build a framework to ensure justice.

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