abdul quader

8/13/2019 Abdul Quader

1/5

Abdul Quader Molla (Bengali: ?????? ????? ??????; 14 August 1948 12 December 2013)[3] was an Islamist leader and politician of the largest Islamic party of Bangladesh Bangladesh Jamaat-e-Islami, who was tried and sentenced to death for warcrimes despite objections from UN, different countries and international Human rights organizations.[4][5][6]He was convicted on five of six counts of crimes against humanity and war crimesat his trial at the Bangladeshi International Crimes Tribunal (ICT), on 5 February 2013. A member of the Al-Badar militia during the liberation war, Molla wasconvicted of killing 344 civilians and other crimes.[5][7] He was sentenced to life in prison.[8] As a direct result of the sentence the 2013 Shahbag protests began with the protesters demanding capital punishment for all those on trial.[9]The protest spread from Dhaka to other parts of the country. Protesters calledfor those convicted of war crimes to be sentenced to capital punishment, and also to ban Jamaat-e-Islami.[10] Jamaat-e-Islami started a violent counter-protestin the country, demanding the release of its convicted and accused leaders.[11]On 17 September 2013, after an amendment to the ICT law which allowed the government, complainant, or informant to appeal an order of acquittal or order of sentencing,[12] the Bangladesh Supreme Court found Molla guilty of murders and otherwar crimes and his life sentence was converted to a death sentence.[13][14] Hewas scheduled to be executed by hanging on 11 December,[15] but because the execution was suspended[16] and then upheld, he was executed on 12 December,[17] becoming the first person to have been executed for crimes committed during the Bangladesh Liberation War.Contents [hide]

1 Early life2 Political career3 War crimes trial3.1 Charges3.2 Verdict3.3 Reaction after verdict3.4 Controversies3.5 Conviction and execution3.6 Reaction after execution4 ReferencesEarly life

Abdul Quader Molla was born in the village of Amirabad, Faridpur, in 1948. He at

tended school at Amirabad Fazlul Huq Institute. He passed the H.S.C examinationin 1966 and did B.Sc in 1968 from Rajendra College.[18] Then he completed his Diploma in Education in 1975 and Master in Educational Administration in 1977 fromthe Dhaka University Institution of Education and Research[citation needed]. While studying there, he was elected president of the Shahidullah Hall unit of theIslami Chatra Sangha.[5][19] Quader Molla worked as a senior teacher at RiflesPublic School and College (now Bir Shreshtha Noor Mohammad Public College). He later became the acting principal of the institute. He was elected as the Vice President of Dhaka JournalistsUnion for two consecutive terms in 1982 and 1983.[20][21] Molla was married to Sanoara Jahan.[22]Political career

In 1971 leaders of Jamaat opposed the independence movement in East Pakistan, as

they believed it went against Islam to break up the Muslim state. As a member of Islami Chatra Sangha, Quader Molla joined its paramilitary force, Al-Badar, during the liberation war,[5][11][23] but Bangladesh achieved independence that year. Jamaat was banned from political participation under the new government.After assassination of the president Sheikh Mujibur Rahman in 1975 and a military coup, the new government permitted Jamaat to participate in politics again. Quader Molla became active in the party. By 2010 he was assistant secretary general of the party.[11] He was elected to the Bangladesh National Press Club, in recognition of his status.[24]War crimes trial


2/5

In the 21st century, the government of Bangladesh established an International Crimes Tribunal to prosecute war crimes that were committed in 1971 during the liberation war. A formal charge was filed by the Prosecution against Abdul QuaderMolla on 18 December 2011 in the form of a petition, as required under Section 9(1) of the 1973 Act.[25]He was charged with abetting the Pakistani army and actively participating in the 1971 Bangladesh atrocities: rape (including the rape of minors) and mass murder of Bangladeshis in the Mirpur area of Dhaka during the Bangladesh Liberation War. A member of the Rajakar militia during the war, Molla was charged with killing 344 civilians.[5][7][26] He was notoriously known as the "Butcher of Mirpur"during the 1971 Liberation war of Bangladesh.[27][28] As The Independent reported:"Abdul Quader Mollah, the assistant secretary-general of Bangladeshs Jamaat-e-Islami party, sparked protests when he emerged from Bangladesh's Supreme Court on 4February having been handed a life sentence for his role in the atrocities committed during the 1971 war for independence. He was clearly happy with the rulinggiving a victory sign to supporters outside the court. But critics of the so-called Butcher of Mirpur who was convicted of beheading a poet, raping an 11-year-old girl and shooting 344 people have been left fuming over the sentence, and are calling for him to face the death sentence, like fellow accused Abul Kalam Azad."[11][29]ChargesCharges filed against Quader Mollah by ICT are:[30]

Charge 1: On Quader Mollas instruction, one of his aides named Akhter killed Pallab, a student of Bangla College and an organiser of the Liberation War, on April5, 1971. Pallab was buried by the side of Kalapani Jheel along with several other bodies. Pallab was taken to an Eidgah at Mirpur-12, where he was shot to death.Charge 2: On March 27, 1971, Quader Molla and his aides murdered pro-liberationpoet Meherun Nesa, her mother and two brothers at their house at Mirpur-6.Charge 3: On March 29, 1971, Abdul Quader Molla along with other members of Al Badr, Razakar and non-Bangalees detained Khandakar Abu Taleb from Mirpur 10 bus stand and tied him up with a rope. He was brought to the Mirpur Jallad Khana PumpHouse and killed.Charge 4: On November 25, 1971, Quader Molla with his 70 accomplices went to thevillage of Khanbari and Ghotan Char, now Shaheed Nagar of Keraniganj, and abduc

ted two unarmed freedom fighters from the house of Mozaffar Ahmed Khan. Freedomfighters Osman Gani and Golam Mostafa were brutally murdered by charging bayonet.Charge 5: Attack and indiscriminate shooting by Quader Molla and his gang killedhundreds of unarmed people of the two villages. Among them, 24 persons were named in the charge. On the early morning of April 24, members of Pakistan occupation forces and around 50 non-Bangalees in presence of Quader Molla raided Alubdivillage of Mirpur and attacked on unarmed villagers, killing 344 people.Charge 6: On March 26 of 1971 at evening by led of Quader Molla, some Bihari andPakistani soldiers killed Hazrat Ali and five members of his family at Mirpur.Entering His house Quader Molla shot dead Hazrat and killed wife Amina and daughters Khadija and Tahmina. That day they killed his only two years old son Babu by dashing the baby against the ground.

VerdictUnder section 20(3) of the Act of 1973, the International Crimes Tribunal announced a verdict and handed down a life sentence to Abdul Quader Molla on 5 February 2013 for two of the six charges and an additional 15-year sentence for three of the charges in addition to the time he had been imprisoned since his arrest. The one remaining charge was not proved in the tribunal by the prosecution.[31]Reaction after verdictSome activists protested and demonstrated, demanding the death penalty and an end to extremism in politics. A major protest started at the Shahbag intersectionin central Dhaka.[32][33] Bloggers and online activists called for further mass


3/5

demonstration at Shahbag intersection.[10][34] Thousands of people joined the protest and the demonstration culminated in the 2013 Shahbag protests.[35]Since the start of protests, tens of thousands of people have been holding day-and-night vigils at Shahbag, refusing to leave until all those convicted of war crimes are sentenced to capital punishment.[36] A counter protest against the trials and general strike was launched by Jamaat-e-Islami, as most of the accused have been Jamaat leaders.The Bangladesh Nationalist Party (BNP) had initially expressed support for Jamaat-e-Islami, a principal ally in their Four-Party Alliance in the 2000s.[37] TheBNP has commented on the Shahbag Protest, warning that the government should notbe allowed to draw political mileage from the movement that demanded capital punishment for convicted war criminals.[38]Responding to the demand of the Shahbag activists, on 13 February 2013, the National Press Club of Bangladesh stripped Quader Molla of his membership.[24] On 17February 2013, the Bangladeshi Parliament passed a bill amending the International Crimes (Tribunal) Act of 1973 which allowed the government, complainant, orinformant to appeal an order of acquittal or order of sentencing.[12][39]Jamaat members have also led protests against the trials, saying that the government is trying to suppress the opposition. It called for a general strike in Dhaka, shutting down activity in the city.ControversiesSee also: 2012 ICT Skype controversyIn December 2012, conversations and emails between the chief judge of the ICT, Nizamul Huq, and a Brussels-based lawyer were published in The Economist, which r

evealed that the Bangladesh Government had pressured the International Crimes Tribunal for a quick verdict.[40] Following the revelations, the chief Justice Nizamul Huq later resigned from the post.[40] The European Union, the UK, Turkey and Australia expressed their concern as they believe the death penalty violates human rights.[41][42] United Nations urged Bangladesh to halt the execution of Quader Mollah.[43]Baroness Warsi stated, "We further note that Abdul Quader Mollah was sentenced to death following an appeal permitted under retrospectively applied legislation,and that he was not permitted to review his sentence before the Supreme Court".[44] Human Rights Watch said that the death sentence of Abdul Quader Molla violates fair trial standards, stating "Changing the law and applying it retroactively after a trial offends basic notions of a fair trial under international law."[45]

Two UN Human Rights Commission experts called on to halt the execution because of concerns that Abdul Quader Molla did not receive a fair trial.[4]The right of appeal is of particular importance in death penalty cases,said the Special Rapporteur (UN) on the independence of judges and lawyers, Gabriela Knaul.[46] Christof Heyns, Special Rapporteur (UN) on summary executions, said capital punishment"may be imposed only following a trial that complied with fair trial and due process safeguards. Only full respect for stringent due process guarantees distinguishes capital punishment as possibly permitted under international law from a summary execution, which by definition violates human rights standards."[47]The International Commission of Jurists (ICJ) says the retrospective applicationof the amendment in Abdul Quader Mollas case is incompatible with Bangladeshs obligations under the International Covenant on Civil and Political Rights (ICCPR),including Article 15, which prohibits the imposition of a heavier penalty than

provided for at the time the criminal offence was committed.[48]Conviction and executionOn 17 September 2013, the Bangladesh Supreme Court found Molla guilty of murdersand other war crimes and ordered his execution, converting his life sentence toa death sentence.[13] Molla was one of five leaders of the largest Islamic Party, Jamaat-e-Islami condemned to death by Bangladesh's International Crimes Tribunal.[49] He was scheduled to be executed by hanging on 11 December at 0:01,[15]but later the execution was suspended until further notice.[16] The execution order was signed on 8 December. Prisons chief Main Uddin Khandaker then said thatall preparations had been made and that Quader Molla's family had been asked to


4/5

meet him prior to the execution. Molla refused to appeal for a presidential pardon though authorities approached him thrice.[50][51] His lawyers said that he had a "constitutional right" to appeal, which was when the stay was granted. Following two hours of hearings, Chief Justice Muzammel Hossain adjourned the hearingtill the next day. Amongst the defence's arguments was that the state was proceeding with preparations for the execution without completing all necessary legalprocedures.[52]The appellate division of Bangladesh Supreme Court, which raised Quader Molla'slife sentence to a death penalty, rejected his petition to review the ruling.[53] Attorney General Mahbubey Alam said that the government would decide on a newexecution date as "there are no more barriers to execute Quader Mollah. There isno chance of any confusion." His lawyer, Khandaker Mahbub Hossain, added that "my client has been deprived of fair justice, but since the highest court has made the decision, we have nothing more to say."[54] Quader Molla was executed on 12 December at 22:01 in a Dhaka jail.[55] The JEI called it a "political killing."[56] He was later buried in his village of Faridpur.[57]Reaction after executionAfter the schedule and the execution of Quader Molla, Bangladesh Jamaat-e-Islamstarted violent protest and called for general strike on 11, 12 and 15 December2013. Almost 25 persons died and many other injured in different parts of the country during their protests.[58][54] During the protests JEI activists torched homes and businesses of government supporters and firebombed train stations and blocked roads. The party called the execution "political murder" and warned of exacting revenge for "every drop" of his blood. Two activists from the ruling Awam

i League were hacked to death in Kalaroa; one other person died in clashes between police and JEI supporters in Noakhali, while a driver was reportedly killed after JEI protesters chased him down.[56] As a result of the violent reaction, and in combination with violence in the lead up to the controversial Bangladeshi general election, 2014, Prime Minister Sheikh Hasina vowed to crack down on the violence.[59] The rioting, and the preceding opposition blockade, has caused economic losses, while there is fear of intensification prior to the election.[60] Protests against his execution were also held in London and Turkey.[61] The Turkish prime minister Recep Tayyip Erdogan has deeply condemned the execution calling it a mistake that history will not forgive.[62]References

Jump up ^ "Summary of verdict in Quader Mollah case". The Daily Star. 6 February

2013. Retrieved 11 December 2013.Jump up ^ Tahmima Anam (13 February 2013). "Shahbag protesters versus the Butcher of Mirpur". The Guardian. Retrieved 11 December 2013.^ Jump up to: a b Quader Molla hangs finally for war crimes bdnews24. 12 December 2012.^ Jump up to: a b "Bangladesh hangs Islamist leader despite U.N. objections". CNN. 12 December 2013. Web link. Retrieved 13 December 2013.^ Jump up to: a b c d e "Summary of verdict in Quader Mollah case". The Daily Star. 6 February 2013. Retrieved 6 February 2013.Jump up ^ "Bangladesh jails Islamic party leader for life". The Guardian. 5 February 2013. Retrieved 6 February 2013.^ Jump up to: a b "Bangladesh Islamist sentenced to life in prison for war crimes". 5 February 2013. Retrieved 6 February 2013.[dead link]

Jump up ^ "Huge Bangladesh rally seeks death penalty for War Crimes". BBC. 8 February 2013. Retrieved 9 February 2013.Jump up ^ Al-Mahmood, Syed Zain (23 February 2013). "Bangladesh split as violence escalates over war crimes protests". The Observer.^ Jump up to: a b "Bangladesh's rising voices". Al Jazeera. 19 February 2013. Retrieved 21 February 2013.^ Jump up to: a b c d Philip Hensher (19 February 2013). "The war Bangladesh cannever forget". The Independent. Retrieved 26 February 2013.^ Jump up to: a b "Amendment of International Crimes Tribunal Act of 1973". TheBangladesh Trial Observer. 7 March 2013. Retrieved 12 December 2013.


5/5

^ Jump up to: a b "Case history". Supreme Court. Retrieved 12 December 2013.Jump up ^ "Mirpur butcher Molla must die, says SC". bdnews24. 17 September 2013.Retrieved 12 December 2013.^ Jump up to: a b Star Online Report. "Mollah execution stayed; Late evening move earns stay till 10:30am tomorrow". The Daily Star. Retrieved 11 December 2013.^ Jump up to: a b "Molla's fate hangs in the balance". bdnews24. 17 September 2013. Retrieved 11 December 2013.Jump up ^ "????? ??????? ????? ???????". Prothom-alo. 13 December 2013.

abdul quader

Documents