Abdul Jalil, Awami League General Secretary, January 14, 2007

“Everyone suffers when democracy is under attack. We (political parties) may have different points of view. But everyone will have to be united when the issue is democracy.Whoever they are, they will be identified, they will be brought to justice and they will be handed the maximum punishment.”

Syed Ashraful Islam, Awami League General Secretary, January 19, 2012

1. Have at least two judges with district court experience: In the current tribunal, Justice Fazle Kabir was a district court judge before being elevated to the High Court. Zaheer Ahmed is also a retired district court judge. District courts are the trial courts of Bangladesh’s legal system, and the judges who rise up through that system have a far greater experience regarding the minutiae of handling a trial, like evidentiary and exculpatory issues. The transcripts of the direct and cross-examination of prosecution witnesses in the trial of Delwar Hossain Saydee has made this abundantly clear. Justices Zaheer and Kabir have been extremely active in deciding whether to sustain or overrule the objections by the prosecution and the defense teams, while the chairman, Justice Nizamul Huq has mostly been a silent spectator. The new tribunal should also have at least two judges with experience at the district court level, and unlike this the current tribunal, one of these two should be made the chairman of the tribunal.
2. Have at least two judges with at least five years of appellate experience: Justice Fazle Kabir was appointed by the BNP government in 2003. So, he had seven years of experience in the High Court under his belt before being appointed to the war-crimes trial. Justice Nizamul Huq, on the other hand, was appointed in 2001, not confirmed in 2003 (along with Shamshuddin Chowdhury Manik, what a wise decision that was), and then again reappointed in 2009. This means that he had only heard appellate cases for 3 years (2001-2003, 2009-2010) before being appointed to the Tribunal, and even that with a six-year gap in between. For the new tribunal, the government would do well to appoint judges with at least five years of uninterrupted appellate experience.
3. Avoid controversial judges: At first glance, this may seem to be an extremely subjective measure, but the government would be wise to do all it can to appoint people who are as uncontroversial as possible. Justice Fazle Kabir is controversial because he was the other judge with then-Justice Khairul Huq when he handed down his Fifth Amendment verdict and started our court on its festival of constitution-shredding. However, that is a matter of completely different magnitude from Justice Nizamul Huq, who took part in a mock-prosecution of these same men as a private citizen, and whose presence has irreversibly tainted the whole proceedings. For the new tribunals, Awami League should avoid individuals with direct participation with the 1992 mock trials, as well as those judges who were reappointed in 2009, and some of whom have been elevated to the Appellate Division.

If Awami League really wants to finish all the trial proceedings within the 2012 calendar year, then it has no choice but to constitute new tribunals. However, the absence of interlocutory appeals makes this process quite challenging, since different tribunals could potentially rule differently on the same issues, and the prosecution would be able to take advantage of forum-shopping. While the road ahead is certainly challenging for the government, if it chooses the members of the new tribunal with some foresight (which was very much missing was constituting the current tribunal), it may make its mission slightly easier.

“On the Internet 50 percent is porn material. Why should we refer to the Internet?”: Vladimir Putin

Thus, Daily Star has run the following news-reports:

December 14: Rights violation still rampant

December 15: Seven bodies seen floating in the bay

December 16: Secret killing sponsored by the state: Fakhrul claims BNP its main victim, BNP leader killed after abduction

December 17: Disappearances and secret killings: Creating panic among common people, 5 abducted, missing for 10 days

Prothom Alo has run these:

December 14: ১৭টি সংগঠনের মোর্চার সংবাদ সম্মেলন:
‘গুপ্তহত্যা ও গণপিটুনিতে হত্যা নতুন উদ্বেগ সৃষ্টি করছে’, ধলেশ্বরীতে আরও তিন লাশ: গুপ্তহত্যা

December 15: গুপ্তহত্যা: আরও পাঁচজন নিখোঁজ, রাষ্ট্রের সর্বোচ্চ পর্যায়ের হস্তক্ষেপ আশা করছি
সুলতানা কামাল , মুন্সিগঞ্জে নিখোঁজ মানুষের সন্ধানে আরও স্বজন: স্ত্রীরা এসে স্বামীদের লাশ শনাক্ত করলেন

December 16: পাবনায় যুবকের লাশ উদ্ধার
, নিখোঁজ ও গুম: এএফএডির উদ্বেগ
, মুন্সিগঞ্জ পুলিশের ধারণা: বুড়িগঙ্গা দিয়ে আট লাশ এসেছে, গলায় গামছা পেঁচানো বিএনপি নেতার লাশ

December 17: ডিবির পরিচয়ে অপহরণ
ভাঙ্গার পাঁচ যুবক ১০ দিন নিখোঁজ, ‘দলের কাউকে ধরতে হলে পুলিশকে পোশাক পরে আসতে হবে’, বাংলাদেশে নিখোঁজ ও গুমের ঘটনায় উদ্বেগ

December 18: গুপ্তহত্যার তদন্ত করবে মানবাধিকার কমিশন

December 19:
গুম ও গুপ্তহত্যার রহস্যভেদে গণতদন্ত কমিশন হোক

The response from the government about these claims, as it is about most criticism levelled their way by the opposition, was that BNP was behind all these murders and disappearances to foil the International Crimes Tribunal. Yesterday, BNP held a grand rally to honor freedom-fighters and decisively refute the charges that BNP was out to save war-criminals and foil their trials. However, this development became the second-most important story of the day after the bursts of violence that broke out all over Dhaka on the early morning of the same day.

The government claims, and both Daily Star and Prothom Alocarried this version, that BNP carried out these attacks. Daily Star went even further, and dragged out the two biggest scapegoats of recent years, Hawa Bhaban and Jamaat, as the groups allegedly behind this violence.

What is more likely, that BNP would sabotage the organizational meeting it had been concentrating on all month, or that Awami League was desparate to deny Khaleda Zia a stage surrounded by decorated war veterans? Daily Star claims that BNP Acting Secretary-General Mirza Fakhrul Islam Alamgir was in the dark about all these acts of violence. Meanwhile, Prothom Alo details show district-level leaders from all around Bangladesh were mobilizing to come to Dhaka. So this criminal master-plot was known to district-level BNP leaders all around Bangladesh, but somehow, BNP’s Acting Secretary-General did not know about it? Ridiculous.

Just like the government is running out of money to carry out its everyday duties, it is also running out of legitimate ways to stifle the entirely legitimate dissent that is bubbling up due to its numerous ill-conceived steps. One hopes that it will soon see sense, and shun the path of violence.

Bergman’s reporting, ever since this Tribunal was set up has been invaluable, for two reasons. He has provided a somewhat unbiased voice, reporting the details of the legal proceedings without the ideological goggles that hobble so many of our other reporters. Moreover, he has had at least some interaction with foreign judiciaries, and has been able to effectively compare and contrast the Tribunal against its international counterparts.

We should note, at the outset, that Bergman is British, which means that he has had some experience operating under draconian press laws. This has generally stood him in good stead. A lesser individual, perhaps an American, would have been reduced to hysterics and babbling incoherently about freedom of speech by now.

Last April, Bergman wrote a largely positive piece about the Tribunal. However, the Tribunal picked out two phrases used in the article, and took issue. One was “the tribunal showed itself to have lost its backbone” and the other was “return to being the rubberstamp?” What followed, in the Tribunal’s next proceeding, is best described in Bergman’s own words:

Judge AKM Zahir Ahmed then spoke. He said that an article had come to his attention, ‘International Criminal Tribunal: Growing Independence or a Return to be being a rubber stamp’ which was in part ‘contemptuous’. He said,’Journalists are allowed to express their views’ but cant be in contempt of court.

He then referred to various expressions that were used,’Who is he to say what does or does not have a backbone?’

…

Justice ATM Fazle Kabir then spoke, and asked whether ‘David Bergman was present in court.’ I put my hand up and he then asked me to stand up. He then said, ‘We have gone through this report. Your manner of reporting is very nice, no doubt … We know that you are of foreign origin and so we are warning you about your language.’

He then said that there were two words that were ‘very much contemptuous.’ He then referred to the use of the word, ‘Rubber stamp’. ‘We are very sorry about this but you can not use this words about our court. If you use these words in future then we will take action. According to the rules of this court in Bangladesh these words are absolutely contemptuous. In recognition of the fact that you are a foreigner, we will not take action against you.’

Yikes. Called out in open court. Not a fun experience.

However, it’s hard to see why hoping a court does not become a rubber stamp for the prosecution should be contempuous; here’s the same term being used regarding the Foreign Intelligence Surveillance Court, one of the US Government’s most sensitive organs, a justice of the United States Supreme Court, and by Julian Assange regarding the British Court ruling that allows his extradition to Sweden. Does that mean that the courts of United States and United Kingdom are less deserving of our respect? Or that they have a greater tolerance for criticism?

What about the Tribunal’s objection to being relegated with the fruit fly and spiders? If that is contempuous, what should we make of thisclaim by Steve Forbes, publisher of Forbes Magazine and a Republican presidential candidate in 1996, that “the United States Supreme Court has the backbone of an eclair?” Should the United States Supreme Court take lessons from the Tribunal in comport and dignity? Or am I guilty of comparing eclairs and chomchoms here?

Well, following this little showdown, Bergman managed to stay out of trouble for almost six months. Until, that is, the Tribunal got down to its actual business and took cognizance of the charges against (a fancy way of saying indicted) Delwar Hossain Saydee. Bergman again wrote a rather milquetoast article: reviewing the proceedings so far, and mapping out the road ahead.

Again, the Tribunal confused Bergman’s expression of some people’s fears about the Tribunal as Bergman’s own opinion, and whipped out its contempt of court order. Looking back, it’s only surprising that the Tribunal restrained itself for so long. Ever since then-Justice Khairul Huq used contempt of court to accomplish what Prime Minister Sheikh Hasina could not, this particular mean of stifling dissent is extremely popular with Bangladesh’s higher judiciary. In short, the feeling is “all the cool benches are doing it, why shouldn’t we?”

The contempt order was passed down on October 3. Bergman and New Age management submitted its replies on October 27, arguing that its report in contempt of court. The Tribunal will hear oral arguments and pass its order some time in the coming week.

In all likelihood, Bergman will get away with only a verbal warning, and maybe a token monetary fine. As noted, the Tribunal is entering a crucial phase here, and it will be unwise to distract attention from its legal work by handing down an unnecessarily harsh measure, especially on such a well-regarded individual. In the off-chance that the Tribunal does impose a more punitive penalty, it will be making its own functioning decidedly more complicated, and add to the miasma of controversies that is already swirling around it.

Court: What if we declared the entire military-caretaker government illegal?

Mahmud: (with some concern) That would make the last general election illegal as well.

Court: So what? It would give a nice jolt like the Fifth Amendment verdict.

Mahmud: We don’t want that, and we won’t be making that argument.

The Fifth Amendment verdict, along with the ones handed down by Chief Justice Khairul Huq, including the one cancelling the caretaker system (which has still not been written), did give Bangladesh quite a jolt. Who are the members of the bench wanting to make things even more exciting for our countrymen? The senior member is Justice Shamshuddin Chowdhury Manik, last seen throwing a tantrum in a Biman airplane and threatening to convene a court right there and then unless he was upgraded to Business Class despite having only a Economy Class ticket. The junior member is Justice Jahangir Hossain, who is a nephew of Zillur Rahman, the President of Bangladesh, and earlier used that piece of serendipity to grab the plum posting of Dhaka District Judge, superseding about two hundred judges with more experience. The normally supportive Mizanur Rahman Khan wrote a scathing article in Prothom Alo about Hossain’s shenanigans, which was titled: “The Judicial System is Collapsing.” Not that any of it mattered, Jahangir Hossain was duly elevated to the High Court, probably as Manik’s perfect foil.

Let us turn to another court appearance a few days before that. Three individuals who were accused in the sensational Lokman Hossain murder case, including the brother of the Rajiuddin Ahmed Raju, the current Telecommunications Minister, appear in front of another High Court bench, composed of Justices Syed Mohammed Dastagir Hossain and Gobindra Chandra Thakur. This following dialogue ensues, with Advocate Anisul Huq representing the defendants:

Court: It is an exception to see such a popular mayor being assassinated like this. Will our country run out of good men soon?

Huq: We wouldn’t have come to you, but the situation is bad. Please give us bail for thirty days.

…

Court: We have tried, but we cannot grant you bail. Our conscience will not allow it.

Where to begin here? First off, do Bangladesh’s judges remember their roles, or do they think that they are the heroes in some Bollywood movie? For the crime of murder, it does not matter if the victim is an elected official, or a popular leader, or an unknown person no one has heard of and no one mourns. The standard is the same, if that standard is met, then the defendants automatically get bail, otherwise not. And where does the judge’s conscience come into all this? In many areas of law, there is a considerable role for ambiguity and discretion. But obtaining a bail is not one of them. There is a straight-forward standard, and a person either deserves bail or does not. And none deserves to see play-acting in our highest courts.

A country can probably have stability if its generals don’t know how to make war, its scientists cannot innovate, or its bankers spend their days in profligate behavior. It cannot have stability if its jurists don’t understand law. Bangladesh’s immediate past Chief Justice Khairul Huq quoted salus republicae est suprema lex – the safety of the state is the highest law – in handing down two of his most controversial decisions, even though nothing could be further from the truth. The safety of the state may be ensured if political opponents are arrested and tortured, or if political dissidents are kidnapped and killed,  but the law can never countenance such. Bangladesh may get the leaders we deserve, but its people deserve better judges than these.

“Now the question is, what is nationalism? If we study history of the world, we will see rise of different sorts of nationalism at different times and places. In this regard, first comes ‘racial’ or ethnic identity based nationalism. Arab or German nationalisms are prime examples of this kind of nationalism. German nationalism is based on Arian race. Hitler might not have talked about German nationalism if after World War I; parts of Germany were not occupied and shared by states like Britain, France and Poland. This act prompted Hitler to promote race based German nationalism. And we all know of Arab nationalism. … The late president of Egypt, Mr. Jamal Abdul Nasser was able to give a significant shape to Arab nationalism. Arab nationalism still exists and stands tall proudly with all other races in the world.
Next comes language-based nationalism. The slogan of Bengali nationalism is built on this philosophy. And for this reason, Awami League still dreams of establishing Bengali nationalism.
And then Muslim League, IDL and the Jamaatis talk about religion based nationalism. At the beginning of this century, Jamal Uddin Afghani preached Pan Islamic nationalism; the spirit of religion-based nationalism originates from that pan-Islamism. To be frank, since inception of Pakistan, Bangladesh was exploited and ruled in the name of this religion-based nationalism. But the ‘politics of exploitation‘ in the name of Islamic Nationalism could not keep Pakistan intact. Independent-sovereign Bangladesh was born.
Politics can be based on regional identity also, thus creating a new regional nationalism. In this regard we can mention the name of EEC (European Economic Commission). EEC has her own parliament i.e. the European Parliament. Many EEC countries are not even connected via land, yet they were able to bring forth new spirit and new idea of cooperation among themselves. They are collectively trying to give themselves a distinct identity as Europeans. Broadly one can assume that they are moving towards a new nationalistic identity.
War can be the base of nationalism too. But that is not a ‘compulsory’ or essential pre-requisite of nationalism.
Bangladeshi nationalism is based on all of the above components of nationalism…. We have ethnic heritage, a rich language and religious tradition. We all live in a single important geographic location. We have the dream of building a new economic order. And the blood-drenched spirit of our war of independence motivates us all. Presence of so many nationalistic elements is unprecedented in one nation’s identity.
When people say that Bangladeshi nationalism is not embracing religion, they are wrong. Religious identity and fidelity to faith is a great and historic trait of Bangladeshi nation. It has been mentioned in the Holy Quran that ” La Iqra Fidweene“, ‘religion should not be forcefully imposed’. Hence Bangladeshi nationalism is neither religion based nor religion averse. This nationalism ensures each and everyone’s faith and religious rights. And Bangladeshi nationalism is also not a purely language based nationalism. …
The philosophy of Bangladeshi Nationalism has ‘absorption power‘ and ‘elbow room.” [Translated into English from original Bangla speech by the author.]

Zia responded to the call of Bangbandhu to take up arms and lead the fight for Bangalee nationalism. But in an independent Bangladesh, he understood the need for an inclusive nationalistic identity for people of erstwhile East Bengal / East Pakistan who are predominantly religious Muslims Bangalees but very tolerant and accommodating to the rights of non-Muslims and or non-Bangalee ethnic groups.

Even today, over 30 years after his death, changes in Bangladesh constitutional framework initiated by Zia has been the basis of governance in Bangladesh. Zia re-introduced multi party democracy and press freedom back to Bangladesh. Thanks to some activist judges and an overwhelming parliamentary majority of currently ruling Awami League, a big push is being made to remove Ziaur Rahman initiated changes in the constitution of Bangladesh. Despite all the vicious attacks on late President Ziaur Rahman from the highest levels of the government, Zia introduced constitutional changes enjoy enormous public support and it is very likely that practically most of his changes will remain in the constitution. This is the ultimate success of Ziaur Rahman’s political philosophy, Bangladeshi nationalism.

Media Activism: A large section of Bangladeshi media played an extremely enthusiastic part in boosting Selina Hayat Ivy, trashing Shamim Osman, and completely ignoring BNP candidiate Taimur Alam Khandqar. We heard over and over, that Ivy was a successful mayor in her last stint. What were the indications of her success? By how much did corporation tax revenues increase? How many schools and colleges did she build? How many bridges and culverts were constructed during her tenure? We don’t know, because the media didn’t tell us. Instead, they repeated non-stop that Ivy was a “clean” candidate. What that clean means, or will mean in the future, no one knows.

Similarly, Shamim Osman probably got the most intensive media lynching in Bangladeshi media history after Tarique Rahman in 2005 – 2008. Conspicuously absent from the litany of accusations against him was the fact that he committed the most blatant act of political terrorism in Bangladesh’s last 20 years. In 1998, when BNP arranged a road march to Chittagong to protest the peace treaty, it was Shamim Osman who led the attack on Khaldea Zia’s motorcade, and forced her to change her route to Chittagong. It was an event that shocked the nation and dominated media coverage at that time. Yet, this time around, this very significant event was almost absent from the media coverage.

In the same vein, all  the media said about Tamur was that he is a former chairman of BTRC and the past Caretaker Government filed 5 corruption cases against him. What were his successes or failures as BTRC chairman? What is the status of those corruption cases? Are they more or less serious than the ones filed against our current Prime Minister, Leader of the Opposition, and so on? We don’t know, because the media didn’t bother to tell us.

Army Deployment and BNP: Sheikh Hasina chose an extremely insidious way to remove army protection from the elections. The media coverage of this election was extensive and hysterial for the last few days before the election. Thus, the Election Commission’s request for army was granted. Only, when the time came for the army to deploy, they never showed up.

When BNP then decided to boycott the election, it made things very simple for Ivy. The vote in this election was always going to divided into pro and anti Shamim Osman. With Taimur not participating, the anti-Shamim vote would, instead of being split up, go to just one candidate, Ivy. Even though everyone is going on about how exemplary this election was, there were plenty of indications of irregularity during election day, including Ivy complaining that half of her polling agents did not show up because of threats, and Shamim Osman openly assaulting a Chatra League leader. However, what changed was that while these measures may have been enough to tilt the balance in a three-way race where the anti-Shamim vote would be fragmented, it proved inconsequential in a two-way race.

Decentralization of power: Just two days after Ivy’s election, Lokman Hossain, the mayor of Narsingdi, was assassinated. Lokman Hossain was twice-elected the best mayor in Bangladesh. His assassination, from where it was committed to the modus operandi of the killers, all bear the trademarks of a political hit. A three-day hartal has already been called against the killing. Remarkably, Telecommunications Minister Rajiuddin Ahmed Raju is already mentioned as being involved in this matter.

Bangladesh is slowly undergoing a painful decentralization where young and ambitious mayors are building their own power base and challenging the more senior leaders in their parties. They are using their positions as mayor and chairman to build patronage networks, increase name recognition, and show the people of their area that they can deliver services and infrastructure projects. The ossification of student politics since the ’90s has temporarily stopped the inflow of student leaders into politics, and created a vacuum which is being exploited by businessmen and retired governemnt officials. However, in the end, it is this generation of local government leaders who will make the transition to, and ultimately run, national politics.

May be NCC citizens are getting an elected rep, they may be the only winner. But without any clout, control, power, money– in Bangladesh context under current system, a mayor is a talpatar shepai — simply a symbolic city father.

But then rest of it is also a lose lose lose lose game.

If Shamim Osman finally pulls through a victory, fair election or not, the demand for CTG will gain momentum. Sheikh Hasina and her ruling part that backed Shamim Osman will lose by winning.

If Osman loses to Ivy, both Awami League and opposition BNP loses big time. Anti CTG rhetoric will gain traction. Tainted civil society ( We all know who they are- new faces Syed Abul Maqsud, Mizanur Rahman Khan, Rubayat Ferdous with Anams and Motiur Rahmans in the background) will again stat jumping with double vigor. Civil society thinks Ivy is their candidate. Selina Hayat Ivy is civil society’s dream candidate. A hardcore Awami League leader, close to Sheikh Hasina currently at odds with another Awami League candidate not in good terms with the civil society leaders. But by no means civil society’s customized candidates are any good for a long-term healthy grassroots based democracy.

If Taimur wins, BNP also loses. Hasina will say, see we lost election to BNP and we can hold fair elections.

This Taimur Alam Khondokar is a pathetic case. If BNP wants to come back, exactly this sort of candidates BNP must shun. This man is running such a lackluster campaign that even Amar Desh is mentioning him in 3rd sequence after Shamim/ Ivy. He cannot talk, cannot make a point. cannot organize get out the vote, cannot gain on anti Awami League incumbency of Shamim, and capitalize on anti Narayanganj incumbency of Ivy. Only thing he is saying very ineffectively is “EVM mani na”, “EC is bad”. Are vhai he is not running against EC. He is running against Ivy and Shamim. And he must have made this a campaign of a referendum to Awami Leagues misrule.
This man is a failure in all way. He was BRTA chairman. That was shame of a record. I don’t know why BNP can’t find a good new fresh face, young blood. There are so many business leader from N Ganj, so many sports stars. Every time I see him walking along Narayanganj roads, he reminds me of the Zombies at the TV series “the Walking Dead”.

BNP must know that if they keep on relying on these Zombies, whatever misrule Awami League exerts on Bangladesh, they have no chance of winning back Bangladesh.

In CCC election an ex Awami Leagues, soft spoken clean image candidate helped BNP regain CCC mayoral seat.

In that context BNP needed Selina Hayat Ivy as their candidate. An honest, smart and bold young woman. In several debates I watched in TV, she was only one who talked some sense and was found to understand what it means to be a city corporation Mayor.

The latest news from Narayanganj tells us that Government decided to ignore Election Commissions request to deploy Armed forces for election eve / day violence prevention.

What will happen in Narayanganj on the election day — no one except the God and Sheikh Hasina can tell. But this blogger can assume that the election day events will be based on which advisor Sheikh Hasina listened to.

It could be a repeat of Bhola, which will be impeccably hidden under the carpet by a submissive friendly media ( In Bhola style). Shamim Osman will just rob the election by forcefully bagging 99% of rural Narayanganj vote.

Or if Mrs. Hasina this time listens to a different advisor, it could be an “apparent” fair election with Sheikh Hasina niece Ivy winning against Shamim Osman. That means civil society is managed for the time being and for next national election, a good example has just been created — ” FOR HOLDING A FREE AND FAIR ELECTION, NEITHER WE NEED A CARE TAKER GOVERNMENT NOR MILITARY DEPLOYMENT”.