Trial with Fairness?
There are suggestions around from responsible intellectuals that the ensuing trial of the alleged war crimes or crimes against humanity must be fair, neutral and must meet international standards. The suggestion is just and to meet the basic requirements of the due process for credibly upholding the rule of law. Should any sensible and rational soul expect that the trial be fair, neutral and free from interference? Let us examine the expectation from some relevant experience so far the sensible men and women had from Hasina’s entering into politics and then particularly running the administration as the PM irrationally and egoistically with tunnel vision hardly for common welfare of the people but driven solely by her personal vengeance.
Low IQ:
One knowing background facts of Hasina’s entering into politics must have marked few facts. First, she was not groomed to take the profession for her father Mujib considered her unfit for the job and so gave her in marriage in her teen. One source confirmed that she had very low IQ so much so that she failed in Civics in high school class Nine Examination for her to earn rebuke from the political leader Mujib. Second, Mujib groomed for successive leadership his two sons Kamal and Jamal, albeit, in conjunction with Fazlul Haq Moni, his close nephew. That Mujib was brought up in a lower middle class Muslim family ideas and values, he had despise for any of woman, much less his daughter, taking up political leadership. Hasina was not given in marriage in any political family either but arranged in a middle class rural farming family in which Hasina’s husband being the only brilliant young man happened to be a trained nuclear scientist. He had no political acumen but in his own subject area, though a strong value laden good and virtuous person for being conditioned from the religious family.
Origin of deep vengeance:
Hasina and her husband Dr Wazed had a short conjugal life when they had only two issues. On loosing her father in a victorious army coup in August 1975, at that time she was with her husband in Germany, was picked up from there by Indian PM Indira’s special secret and security men and flown to Delhi along with her husband and two kids. Naturally she was psychologically disturbed at the worst for she not only lost her father but also some other relations in the Army coup. There was nothing for her to enter into active politics then. But for the six years she stayed on there until mid May 1981 under special care and protection of Indian security and intelligence, she was groomed to take up mental preparation to take up politics at some opportune moment. The security and protection provided by Delhi along with her brainwashing for the long period in midst of her psychological ailments of loosing dear ones gave her the golden chance to enter into Bangladesh politics.
R&AW got her into Politics:
By mid May 1981 she broke some deal certainly through the R&AW with Dhaka authorities then topped by President Ziaur Rahman, and returned to Dhaka from Delhi as the victorious warrior and almost overnight tipped to the position of the President of the Awami League. Curiously enough, President Zia was killed by the R&AW agents and operatives on the 30th May, 1981 (Indian media disclosed later on the involvement of killing Zia by the organized plan of the R&AW and their agents under Indian PM Indira’s direct surveillance) just two weeks after Hasina’s return from Delhi. Not only that. She was then trying to flee from Bangladesh to India again and was caught unaware by the Bangladesh security persons at the Akhaura border in the east of the country.
Confusion followed Zia’s Assassination:
In utter confusion due to Zia’s assassination, though Justice Sattar, the Vice President took over, he was soon removed by another R&AW man General Ershad in March 24 1982. Ershad rehabilitated with R&AW’s full blessings (Ershad’s R&AW connection: M.T. Hussain, Patriot Traitor Question: Bangladesh Syndrome, 2005) Hasina into Bangladesh politics. Hasina also in return provided legitimacy to Ershad’s illegal army take over. It was then for her to count days for reprisal in her verbatim: “AMI RAJNITI GHRINA KORI KINTU PITRI HOTYAR PROTISHODH NEER JONYAI RAJNITITE ESHECHI” – I hated politics but took it up to avenge the blood of my father (daily Naya Diganta, 24 March 2009).
She missed the target in 1991:
She was sure with full backing of the R&AW that she would win the election in the downfall of army Prsident Ershad in 1990. But the people decided otherwise not to give her power of the State but rather to novice Khaleda and her husband Zia’s party BNP. Although BNP stayed in power for the full five year term, organizationally BNP lost ground and the Awami League gained strength. The election held on schedule in February 1996 though won by the BNP, it had to give in for Awami League’s engineering total anarchy for a curious Caretaker Government for three months to hold fresh election.
Hasina hoodwinked simple folks:
This time Hasina took to some crucially innovative tactics just to hoodwink the simple minded religious people with millions of poster herself clad in BORKA praying with two hands up towards sky in front of the holy KABA. Naturally this poster distributed in millions and pasted on walls, trains, buses, trucks etc. played a lot for her to do better in the 1996 June election. Not only this; she had another set of millions of posters in which she appealed to the people to forgive all past mistakes of the Awami League for once and vote for the party to win the election. The party did better but not enough to form the government. She then bargained with Ershad who had been in prison for over five years then on longer sentences for corruption to support her to make majority and form the government. The bargain struck was that Ershad’s party elected members would support Awami League in the parliament in exchange for Ershad’s release from prison by the incoming Hasina’s government. The deal worked and Hasina formed the government for the first time after 21 years since the Awmi League ended in 1975 mid August.
Promises forgotten:
Soon after she formed the government she forgot all previous promises of a good Muslim- forgiveness, broadness of mind, higher humane values, etc that mattered in running a country with tolerance, fellow feelings, consideration for others in building a welfare society in midst of resource constraints and millions of people living under grinding poverty. She started to fall on all opposition elements by unleashing her vengeful cadres on the one side and using the administration, police, Judiciary etc. in her own political advantage. The most unexpected one was her swoop on the 1975 August 15 heroes- Col® Farook, Major® Huda, Col® Shahreer, Major® Mohiuddin etc. who had been in the country and did not think of staying out like some other heroes of the 15th August did for fear of reprisal.
Indemnity violated:
To make the long story short she kept her total administration and cadres fully engaged during 1996-2001 for five years in having a verdict of death penalty in the framed up murder case in vengeance of her father’s blood. Not only that the due process of law had been interfered with to get a death penalty verdict but also that her political cadres took out huge processions led by Home Minister Nasim to mortally intimidate the judges of the High Court to get the death sentence made in the lower court confirmed. Thus the three stages of the due process passed five years, her term expired in office. The fresh election was due. She had to quit but appealed to the electorate to vote for her and her party again to win so that she could hang the ‘killers’ of her father in her own hand!. Note the vengeful psyche and her animally instinctive egoistic driving force for taking the lives of the accused (12) whereas the 15th August occurrence in Dhaka for change of political hands had in no way been a simple murder case but a successful army coup d’ etat having immunity for any bloodletting by itself.
Hasina termed President Shahabuddin as betrayer:
Her failure in 2001 October election made her like a mad dog so much so that she rebuked the President of the Care Taker Government Justice Shahabuddin she had earlier made him agree to be the President, a well known honest person of integrity, as ‘betrayer’ (The Independent 5th January 2002) for he did neither ensure her win nor agreed to cancel the election result and hold fresh election in which the BNP won with over two third majority!.
Madness for Judicial murders:
Her madness went on and on until she could make the deal in 2007 11 January change and the managed election under close planning of the R&AW, etc. to win in the December 2008 election. This win gave her absolute power in bigger way with more than two third majorities. The government she formed on the 6th January 2009 made her crazier. She managed through executive interference and collusion the historic judicial murders of the five heroes in unusual haste taking also advantage of the generation gap and information gap of 35 years giving her father a new angelic image whereas 35 years ago he fell as the most despised one (Anthony Mascarenhas’s term, BONGOSHOTRU) so much so that none was known to have lamented the fall but were jubilant. She did the heinous judicial murder of the five deeply patriotic army officers of the brilliant categories through the ‘POLITICAL TRIAL’ (The Economist, 27 November 2009) despite appeals for their lives from many advanced democracies and humanitarian organizations. She did not get her father notorious PHARAOH back to life but met well her animal blood thirst she had been having in her psyche for over 35 years, albeit, in line with the design for GREAT GAME regional policy of the Brahministic Delhi and the R&AW.
Further quenching of blood thirst:
And further on she looks set, in full conformity with Delhi, to make another bigger set of similar judicial murders of some particular ‘accused’ through mockery of justice in the so-called case of crimes against humanity calculatedly leaving off the mass murder of the Biharies etc. in 1971 (See, the late Italian journalist Oriana Fallaci’s eye witness account in late December 1971) who stood for the preservation of federation in 1971. The process set on clearly signalled that they are the prosecutors, the juries and the judges, apart from the crucial fact that the term ‘war’, its extent and legitimacy have all been ignored, in addition to arbitrarily setting new format for evidences and code for prosecutors ignoring the existing ones in the Cr.P.C. that would suit their or VICTORS’ JUSTICE just as they arbitrarily did many serious deviations and undue unethical and immoral executive manipulations in the so-called murder case of the 15th August 1975 heroes.
Prosecute in the ICJ at The Hague:
What is at stake that under the vengeful ‘Wrong Headed’ (Earlier High Court observations) Hasina there is no scope for any fairness, neutrality and justice free from undue and immoral interference of the executive except for punishing some scapegoats of one side, not all those who had, in fact, been engaged from both sides of the divide. For fairness both sides must be brought to justice following what the Chief Prosecutor of the Nuremberg Trial Justice Robert H Jackson stated long before: “If certain acts and actions of treaties are crimes, they are crimes whether the United States does or whether Germany does them, we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to invoked against us” (See, Russel Tribunal document of mid last century). Thus the prosecution, if any such to be done, must be made at the International Court of Justice (ICC) at The Hague just as some other being in due process there in regard to human rights violations in Bosnia in early 1990s by the Bosnian Serb leader Radovan Karadzic for credibility and not in any way in Dhaka in the partisan Tribunal formed on the 25th March 2010.
Author: H B Khair