HRDB NEWSLETTER

The Supreme Court set March 8,

2016 for delivering verdict on the

appeal filed by war criminal and

Jamaat-e-Islami (BJI) leader Mir

Quasem Ali challenging his convic-

tion.

Previously, three other party leaders of

BJI, Ali Ahsan M. Mujhid, Mr. Abdul

Quader Mollah and Mr. Muhammad

Kamaruzzaman, were executed in simi-

lar fashion. This occurred despite re-

peated calls and diplomatic efforts, in-

cluding from the U.S. Secretary of State

John Kerry, UN Secretary General Ban

Ki-moon, and Turkish President Recep

Tayyip Erdogan.

International Human Rights groups that have spoken out against the judicial proceedings include Human Rights Watch, Amnesty International, The In-ternational Center for Transitional Jus-tice, 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 Eng-land 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 Torture.

Human Rights and Development for Bangladesh Newsletter 1 March 2016

Bangladesh:

Pushing for Another Death Penalty

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.

The latest verdicts against for Mir Quasem Ali is no differ-

ent.

Turning a blind eye to the

injustices currently happening in Bangladesh

is no longer an option.

Stop Judicial Killings.

Protect all human rights.

Form an international Tribunal

under the auspices of the United Nations to bring the real culprits to justice rather than falsely im-plicating and incriminating lead-ers, scholars and personalities

from the opposition camp.

Above all stop the use of the death penalty in all circumstanc-

es, even for the most serious international crimes.

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 coun-

tries...

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, the Naya Di-

ganta newspaper exposed the legal

flaws in the investigations of the govern-

ment-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.

DTV also aired reports on fraud of the

Prosecution and the investigation agen-

cy of the International Crimes Tribunal.

This TV Station was the only electronic

media to report on the governments op-

pression on the opposition political par-

ties. As a result on 6th May 2013 the gov-

ernment forcefully closed DTV. After 10

days i.e. on 16th May 2013 the prosecu-

tion pressed the Charges against MQA in

the Tribunal and 10 days thereafter i.e. on

26th May 2013 the Tribunal took cogni-

zance of the alleged offences against

MQA allegedly committed in 1971.

Quasem was harassed before arrest

Although arrested in June 2012, the gov-

ernment started harassing MQA since

2010 since his media houses had been

very critical to the government from very

beginning.

Banned from traveling abroad

On 25th March 2010, MQA travelled to

Saudi Arabia and United States for busi-

ness purposes. On the same day, the

Bangladesh Government established the

International Crimes Tribunal. Few parti-

san media outlets started reporting that

MQA had fled the country. However, on

May 2010 he returned to Bangladesh.

Since then he has been prevented from

travelling outside the country.

Accounts Frozen

On 30th March 2010, while MQA was

travelling abroad, Bangladesh Bank froze

all the bank accounts of MQA and his

family members. No transactions are be-

ing allowed in those bank accounts till

date.

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. Govern-

ment 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 allegations brought against him are totally fabricated and staged

drama.

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 Bangla-

desh.

3. Mir Quasem Ali is one of the few leaders

with a vision for Jamaat-e-Islami and Bang-

ladesh. 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 diplomat-

ic 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 so-

cio-political landscape.

The tribunal found Ali guilty on 10 charges,

two of which carried a death sentence, in-

cluding the abduction of a young man and

his killing in a torture cell. He was also sen-

tenced to 72 years in prison on the other

charges. All the charges are related to war

of independence in 1971 when he was only

19 years old high school student.

The ruling party tried to bring false witness-

es but even them could not bring evidence

against Mir Quasem Ali to show he was any

how involved personally with the alleged

tortures and murders.

The Prosecutors made no attempts to hide

the fact that they were after MQA mainly for

reasons NOT relating to atrocities commit-

ted in 1971.

Death Sentence of Mir Quasem Ali:

A dark picture of misuse of

Judicial proceedings

What are the allegations

against him?

What ara the various reasons

for Awami League to target a

popular leader like him:

he allegations against him?

The Prosecutor Zead-Al Malum submitted

in the Tribunal opposing prayer for bail

that:

Quasem as the Treasurer of Jamaat-e-

Islami and director of all institution of Ja-

maat was involved in an international

campaign against the Tribunal..

Being Treasurer of Jamaat is not a crime

against humanity and is not a ground

which can justify the order of arrest.

International campaign is not an act of

crime nor does it comes with in the juris-

diction of the International Crimes Tribu-

nal. All these shows that the real intention-

al and motive behind arrest and prosecu-

tion of MQA was to prevent him and his

media outlets from exposing the illegalities

of the Tribunal

Prosecutor Malum further stated that MQA

is influential with the Rohingyas and might

instigate unrest in that region. It is difficult

to believe, how this Rohingya issue can

be at all relevant with the proceedings and

jurisdiction of the International Crimes

Tribunal.

The judgment was passed by 3 judges in

the International Crimes Tribunal, where 1

judge acquitted him of the charge of mur-

der and 2 judges sentenced him to death.

The judges ignored documentary evi-

dence presented by Mir Quasem Ali to

show that he was in a different city at the

time of the incident.

The tribunal handed down the death pen-

alty on two charges which were committed

between November 19 and December 16,

1971 referring several newspaper cuttings

All the witnesses could say is that they

have heard the name of one Mr Khan who

was the leader and they think its Mir

Quasem Ali.

There was no eye witness, no documen-

tary evidence what so ever to show a 19

year old Mir Quasem Ali was the leader of

a group which committed the alleged

crimes.

But newspaper cuttings from Dainik

Ittefaq, Dainik Azad, Dainik Pakistan,

Dainik Sangram and Dainik Azadi pub-

lished in 1971, submitted by Govt. prose-

cution itself make it clear that Mir Quasem

had been staying in Dhaka from November 7

and as general secretary of Islami Chhatra

Sangha he had participated in political pro-

grammes, issued statements and addressed

rallies of students in different parts of Dhaka,

including at Baitul Mukarram area. His ad-

dresses and statements were published in

newspapers regularly from November 8 of

1971.

According to news published in Dainik Ittefaq,

Mir Quasem Ali addressed a student rally at

Baitul Mukarram area on November 7. So, he

had no link with the Chittagongs Dalim Hotel

centered occurrences of kidnapping, repres-

sion and killing of 1971, the lawyer claimed.

Mir Quasem was a freshman Physics student

of Chittagong College in 1971. He was the

president of Chittagong Chhatra Sanghas

unit. He was elected a to the Pakistan Islami

Chhatra Sangha's provincial working council

on Nov 6. He was also general secretary of

East Pakistan Islami Chhatra Sangha

Mir Quasem Ali was elected general secretary

of Islami Chhatra Sangha East Pakistan unit

on November 6, 1971, and before that he was

president of organiations Chittagong unit.

Immediately after being elected general sec-

retary of East Pakistan unit, he came to Dha-

ka, which is proved by the news published in

Dainik Azadi that the prosecution has submit-

ted.

Dainik Azadi published Mir Quasems desig-

nation as ICSs Chittagong unit president till

November 6 but from the following day they

mentioned name of Abu Taher as president of

ICS Chittagong unit. It also proved Mir

Quasem was not in Chittagong during the

occurrences took place in Dalim Hotel.

Mir Quasem stayed at his sisters house at

Agamashi Lane in Dhaka till March of 1972

from November 7, 1971. During this period,

he did not go to Chittagong and he was never

member of Al Badar. And even, the state too

has not said he was member of Al Badar.

Above all the state side could not prove or

could not show any document that Mir

Quasem Ali went to Chittagong or had been

there during the period between November 7

and December 16 of 1971.

Investigation officer also admitted to the Tribu-

nal that they had no document to this effect, in

support of their claim.

At one stage of the appeal hearing, the court

expressed dissatisfaction over the prosecution

and the investigators of the International

Crimes Tribunal for their incompetence as

they had failed to bring witnesses against

some charges brought against the war crimi-

nal.

1. The charges are newly manufactured and

were never heard of! Though the alleged inci-

dents 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 govern-

ment 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. Dur-

ing 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 an-

yone 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 kangaroo-court.

3 main reasons that disqualify

allegations against Quasem

Human Rights and Development for Bangladesh Newsletter 1 March 2016

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

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 Exec-utive 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 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, One Medical College, One Rehabilitation Centre for deprived women One Language Learn-ing Centre and Lends interest free loans for SMEs and 49 projects aimed at poverty eradica-tion. 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 De-velopment, 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 Ja-maat-e-Islami.

Who is Mir Quasem Ali?