First step taken towards restoration of rule of law
TRUTH and justice prevailed on 19 November, 2009. It took over 34 years to reaffirm that no one is above law. This was possible because of patience and perseverance. It also demonstrated that given political will, the judicial process can operate efficiently despite barriers put in place through political maneuverings.
Many in the Bangladesh Nationalist Party, including their former Law Minister have now asserted that the recent judgment has been a fair verdict. Like many others, I wonder why they did not, in the first place, understand the iniquitous nature of the indemnity provision.
It is particularly disappointing that political parties, one after another, for the sake of politics, undertook the steps that they did, to perpetuate injustice and lend credibility to murder. So-called eminent lawyers without a straw of conscience also connived in this process. I also recall in this context how the former BNP Foreign Minister downplayed the importance of concluding this trial when asked about it during one of his trips abroad.
Many have written and expressed their happiness and satisfaction over the judgment. I fully endorse their sentiments. However, I consider that this has only been the first step towards full accountability. I have observed more than once in my column, over the past few years, that what happened on 15 August was not only a transgression of law but that it also unleashed a chain of incidents that took place only because some felt that they were above the law.
It was directly this supposition that led to the brutal killings within the Dhaka Central Jail on 3 November, 1975, the so-called popular uprising on 7 November, 1975, killings, coups and counter-coups between 1976 and 1981. It culminated in the murder of Zia-ur-Rahman and a few others in Chittagong. A hasty trial led to the punishment of several who were associated with this assassination. Unfortunately, the reasons for the mutiny and the names of the principal actors remained a matter of debate.
In the meantime conscious efforts were undertaken by the powers that be to clean the Augean stable. The dumping ground, as usual, was our Ministry of Foreign Affairs. The unfortunate practice of finding berths in this Ministry and our diplomatic Missions abroad for personnel no longer acceptable within the branches of the Cantonment was put in place.
This trend of violence in politics gathered momentum over the years. We have seen the use of grenades and murder through different means during the past political regime. Every time after the incident, efforts were undertaken towards cover-up by the relevant law and order agency responsible for carrying out necessary investigation and inquiry. This happened due to politicization of the concerned agency and their personnel. Justice was denied.
Classic cases in this regard have been that of the 21 August grenade attack on the Awami League leadership in front of their party headquarters a few years ago and the murder of former Finance Minister SAMS Kibria. Recent confessions continue to reveal the association of the wrong kind by important players of the past political regime.
This belief in lack of accountability, most certainly encouraged the terrible slaughter of officers from the Armed Forces by certain Bangladesh Rifles personnel earlier this year on 25-26 February.
I take this opportunity to recall here my discussion with an eminent psychologist after this incident. Interestingly, he asserted that such a 'disaster' was a consequence of our not having carried out the War Crimes Trial. He pointed out that lack of delivery of justice against those guilty of genocide, murder, rape, arson and other cognizable offences had eroded our moral standards and shattered the principle of accountability. Quite correctly, he underlined that this had not only affected our principles of governance and encouraged corruption but had also contributed towards breakdown of the institutional process through politicization.
It is because of this that I am observing today that the judgment of 19 November has been the first step towards restoration of the rule of law. It is a measure towards the right direction.
The government will now have to move forward with determination. It will not be easy. The efforts must not also be tainted with any hint of vengeance. Equity and fairness must characterize the process. The incidents will need to be addressed carefully and without any emotion.
It would only be proper to initiate as soon as possible all steps pertaining to the establishment of a War Crimes Trial. We have already approached the United Nations and several other agencies to help us in this regard. They have agreed to do so. Their assistance will impart credibility and will enable us to conduct the trial with transparency.
The next is the extradition of those who have had sentences passed against them (related to 15 August, 1975) and are now in hiding abroad. The Ministry of Foreign Affairs, the Ministry of Home and the Ministry of Law need to coordinate effectively in this regard.
After that comes the completion of all investigation, inquiry and judicial action pertaining to the murder of several others in different parts of Dhaka on the fateful night of 15 August. This is required for full closure.
Restoring national dignity also requires a speedy review of the jail killings. Those guilty must face justice and be punished. There has been inordinate delay in this regard through judicial machinations. We need to conclude the trial process.
In the same vein, the government needs to address the unresolved issues of the killings that took place between 2001 and 2006.
I know that all the above will be tough tasks, more so, because of the need to complete the trial of those charged with mutiny within the BDR. Six Special Courts have been constituted for this purpose and the dynamics of trial has already started. Several Deputy Attorney Generals will be working as Law Officers. The whole world will be monitoring the trial very carefully. Credibility must be ensured particularly after the deaths of several BDR personnel in custody due to 'heart attacks'. We must not create any situation that raises controversy.
The nation needs to wipe off these stains from its collective conscience. This needs to be accomplished for the sake of future progress of democracy. Everyone, whatever his/her political persuasion or profession, has to be aware that breach of law will mean accountability and punishment.
Muhammad Zamir is a former Secretary and Ambassador and can be reached at mazamir@dhaka.net
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