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A Bangladeshi war crimes tribunal, set up by Prime Minister Sheikh Hasina's government, has sentenced 71-year-old chief of the country's Jamaat-i-Islami, Motiur Rehman Nizami, for crimes against humanity, including genocide, torture, and rape during the 1971 secessionist conflict against Pakistan. It may be recalled that last year, the tribunal had also sentenced the party's former head Ghulam Azam on similar grounds. Both men have denied the charges. Before the sentence could be carried out, Azam, an old man, died from natural causes in a hospital prison cell. This time, Bangladesh law minister has expressed the resolve to carry out the sentence as quickly as possible, claiming "with this verdict justice has been established." Doing so will neither serve the ends of justice nor socio-political harmony. The Human Right Watch has already expressed its concern, saying the court's procedures fall short of international standards.
The '71 war of secession, supported by Indian military, in the erstwhile East Pakistan, like any armed conflict was an extremely bloody affair. It is true that during the war the Jamaat-i-Islami was against separation and actively sided with the Pakistan Army. It is true also that atrocities were committed by both sides. It was natural for those who lost their loved ones to nurse grudges. But governments have to encourage reconciliation in the collective interest. Once the separatists had achieved their objective, all needed to move on. For its part, Pakistan recognised its breakaway province as a new state. The JI, accepting the reality of the new country became a part of the political mainstream, participating in elections and winning, too. The party was a coalition partner of prime minister Khaleda Zia's last government in 2001-2006, and Nizami a member of her cabinet. JI is still a key component of an anti-government alliance led by Khaleda Zia. Sheikh Hasina may have personal or political reasons to try and hand ultimate punishment to her father Sheikh Mujibur Rehman's political opponents but awarding death penalty to one of Bangladesh's own for siding with Pakistan, the then legitimate power, does not sit well with the demands of justice.
Implementation of the sentence will only sharpen divisions in society and create instability. Already there have been widespread protests against the tribunal's verdicts. Some 100 protesters have been killed during the last one year. In its first reaction to its party chief's sentencing, the JI called for a 24-hour general strike beginning on Thursday and a 48-hour 'national stoppage' from Sunday. These actions are almost certain to lead to a bloody confrontation between the protesters and the police, and loss of many lives. To say the least, it is unfortunate indeed that instead of making a deliberate effort to heal old wounds Bangladeshi government should want to inflame old hatreds and cause bloodshed afresh.

Copyright Business Recorder, 2014

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