Murder in Dacca: Ziaur Rahman's Second Round Author(s): N. M. J. Reviewed work(s): Source: Economic and Political Weekly, Vol. 13, No. 12 (Mar. 25, 1978), pp. 551-558 Published by: Economic and Political Weekly Stable URL: http://www.jstor.org/stable/4366470 . Accessed: 28/11/2011 02:47Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.

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SPECIALARTICLE

Murder

in

Dacca

Ziaur Rahman's Second RoundN M J

The past decade in South Asia has been a deterioratingone in terms of the conditions of political imprisonment,both in respect of the numbers of those-incarceratedand the quality of prison facilities. This is the reality in nearly all the countries in the subcontinent. But Bangladesh has grimly distinguished,itself from all others in the past year. Ziaur Rahman has opened an ugly breach. Mass executions of the imprisonedordered by the central authority of the state is something repugnantlynew. The executions in Bangladesh must not only be condemned, but must also be comprehended within the rapidly shifting political alignments that are developing inside Bangladesh and in the external relations of that country.report in its story was of more interest than what it did. On February 10 1978, The Washington Post ran a rather interesting story entitled "Bangladesh Executions: A Discrepancy". The Post's reporter singled out Banigladesh as a primne example of the deep gap in credibility between America's 'official observations' and actual reality. Wrote The Post: In its long-awaited human rights report released yesterday, the State Department quoted the regime in Dacca as having executed 37 rebels following an abortive coup attempt last October 2.... However, in a confidential cable to the State Department on January 19, the charge d'affairs of the US Embassy in Dacca wrote 'as has been reported in several channels, our best estimate, drawn from sources available to the embassy as a whole, is that 217 military personnel were executed in the aftermath' of the coup attempt. Charge d'affairs Alf E Bergesen also reported that 'we think it is possible that 30-34 of these may have been executed prior to formalisation of military courts".This supported reports by journalists in Dacca that forces loyal to President Ziaur Rahman had slain large numbers of suspected rebels without bringing themn before courts-martial! According to The Post report the confidential American Embassy cable was leaked to the newspaper by a State Department source "who said he believed the Department would 'try to cover up human rights violations' in Bangladesh". The Post commented, "Why the State Department should attempt such an alleged cover-up isn't clear".AMNESTY INTERNATIONAL'S REPORT

The Mass ExecutionsTHE headline in the Bangladesh Times of February 11, 1978 was a placid one. It was datelined Washington DC and read: "The Human Rights Situation In Bangladesh Has Improved". Just four months after the first official mass executions that have been known in this century in South Asia, one might have been excused if one thought someone in Washington were making a macabre joke about firing squads and hangmen's ropes. But indeed, the US State Department's observations were front page material in Bangladesh, and a much-needed pat on the back for Major-General Ziaur Rahman's martial law regime. The American report is the result of a 1976 amendment to the Foreign Security Assistance Act known as '502B'. Each year the US State Department must now report to Congress ori human rights practices in countries to which the United States provides military aid or security 'assistance. Bangladesh joined the American military aid list after Mujibur Rahman's overthrow in August 1975. The object of the American liberals who originally framed the '502B' amendment had been to ensure that American aid was not used to foster repression and torture within the countries it is provided to. Ile established quarters of American diplomacy and military strategy have not been highly enthusiastic about the new amendment. According to one press comment from Washington, "State Department professionals privately admit they hate the idea. But law is law." What the Bangladesh Times failed to

International released a detailed study of conditions in the country. The Ame, rican 'professionals' should no doubt study it. To read the two human rights Ireports in tandem one might wonder if they were actually referring to the same country. Other than Cambodia, Bangladesh is the only country in Asia, where in the past year mass executions were alleged to have taken place. The comparative attention in press and government circles, particularly the glossy coverage of the Western media, has been, to put it mildly, sensationally unbalanced. Amnesty International's report on Bangladesh opens its review by expressing deep concerned over the recent wave of executions: After 2. October 1977, at least 130, and perhaps several hundred, military inen have been executed following trial by martial law tribunals for alleged involvement in abortive military uprisings which occurred in September/October 1977. Amnesty International is gravely concerned about these executions, particularly in view of the absence of legal safeguards in the military trial procedures, as described in this report [trials are held in camera without the right of appeal to any court of law]... The government has confirmed that, of those sentenced to death, 37 have been executed for being involved in the attempted coup which took place in Dacca on 2 October 1977. As of 26 October 1977, 55 were reported awaiting execution for being involved in a similar coup attempt which took place in Bogra on 30 September. Although their execution has not yet been officially confirmed, observers in Bangladesh believe that they have now also been executed inside Dacca Central Jail by hanging and in Dacca cantonment by firing squad. According to recent reports, executions have also been carried out in Comilla Jail. 551

In the Bangladesh case the discrepancy between the American description and the actual reality was highlighted on February 27 when Amnesty

March 25, 1978 In view of its*serious concern about the situation in Bangladesh, the Secretary Generai of Amnesty, Martin Ennals, made a special journey to Dacca to in late Decemiiber discuiss the execuof tions, and the imnplementation measuires recommended to the Dacca authorities in an Amnesty Mission report submitted six months previously. Ennals met Major-General Ziaur Rahman. According to the report, "The Secretary General received an assurance from the President that executions of those accused of having been involved in the September and October attempted coups had ceased, but was not given any figure of the total number of executions which had been carrie(d out since these events." The AnmnestyReport goes on to state: In spite of these assurances, Amnestv Internationalhas strong reasons to believe that exectutions of military men for alleged involvement in the attempted military coups we're still continuing, at least until the Secretary General's visit in December, and Al received, for example, reliable reports that 15 executions were carried out in Comilla during December 1977. The government did not deny the executions ' when the Secretary General of Al raisell these reports with the government 'during his visit. Amnesty International also believes that the number of executions is consideralbly higher than the figure of 37 given by the government. Following the Secretary General's visit, Amnesty International received a list, dated December 1977, of names of 129 military personnel executed for alleged involvement 'in the abortive coups following summary military trials. In some cases, the executions allegedly took place without any form of trial. According to these reports, the 129 were among several hundreds of prisoners executed after the recent coups. The same sources stated that 27 pemsons had been sentenced to death and were awaiting execution. In a cable of 19 January 1978, the Secretary General expressed profound concern at reports alleging that hbudreds of military men hiad been executed since 2 October and that executions were continuing. He said: 'If reports are true, they would be in contradiction to your personal assurance given me on December 30.' The Secretary General appealed for a statement from the President confirming that death sentences were no logger being passed, but no such assurance has vet been received 'from the government, nor were the reports by Amnesty International denied. Although Amniesty is only prepared to say "at least 130, and perhaps several hundred" have been executed, some informed sources in Dacca have552

ECONOMIC AND POLITICAL WEEKLY put the figure as high as seven hundred. There is no way to confirm an accurate figure. One description circulating in Dacca in typewritten from alleges that executions were carried out on telephonic orders from Army Headquarters. No documents are being kept for fear of future accountability. In one instance at Dacca Central Jail detained soldiers were said to have been awakened late in the night and told to pack up. They were told orders had come through for their release. A general atmosphere of jubilation spread through the cell block, as jawans gathered up their belongings and were led to the front jail gate. There it is ieported they confronted an Army officer and a special paramilitary force. Death sentences were suddenly read out, and amidst near hysterical cries that their lives be spared, jawans were taken off and hanged seventeen or eighteen at a time. Throughout, according to the report which also lists the names of those hanged that night, "the authority remained cool and composed amidst the cries and wailings of the soldiers being hanged". There are other stories circulating in Dacca of soldiers in firing squads being arrested for refusing to shoot when ordered. No newspapers dare print any of this, and therefore, an authoritativ4econfirmation within the country's press is impossible to find. nestly stated that it "welcomed the release of political phisoners under the amnesties, and hoped that more political prisoners, against whom there is no evidence of involvement in criminal charges, would be released hy similar measures". The report noted, however, that "although there have been substantial releases, many other political prisoners were arrested in the period following, the mission [April 1977], their arrest rarely being reported in the press". The Amnesty document states: After the mission Amnesty International received reliable reports that, members of the National Awami Partv (B), the former Awami League, the East Pakistan Communist Party (Marxist-Leninist), and the Jatiyo Samajtantrik Dal have been arrested. And, on 14 October 1977, shortlv after the attempted coups, the government ordered the banning of three major political parties, the latiyo Samajtantrik Dal, the Democratic League, and the Bangladesh Communist Party, accusing them of attempting to infiltrate the armed forces and to incite violence.... So far, the government has not produced anv evidence to substantiate the reasons given for the banning of these parties, but three of their leaders, Moni Singh and Mohammed Farhad of the Communist Party, and Shah Moazzam Hossain of the Democratic League, have been subsequently arrested under the provisions of the Emergenev Power Rules, without charge. Observers have reported that manv arrests have been made amwag members of the banned,parties since the Dacca and Bogra events, but these reports, have -as yet not been confirmed. In view of these reports, Amnesty InAernationalbelieves there is no ground to revise its estimate of the number of nolitical prisoners. Amnesty estimates that as of April

On March 5, 1978 The Sunday Times of London reported: _ About 600 servicemen have been executed in Bangladesh since October in a bloodbath only partially exposed by last week's Amnesty International report on the violation of human rights. Amnesty said 'at least 130, and perhaps several hundred 1977 there were between 10,000 and military men have been executed' 15,000 political prisoners in Banglaafter two abortive uprisings against desh. It bases its figures on a number General Ziaur Rahman, the military of sources including an article in the ruler of Bangladesh last autumn. This was in addition to 230 report- Bengali daily Ittefaq of February 19, ed killed in the uprisings. But a for- 1977. Ittefaq stated that the vast mamer senior air force officer told The jority of the Bangladesh prison populaSunday Times that more than 800 tion is held without having been tried. servicemen were convicted by military tribunals - in some cases little At the time of the article there were more than kangaroo courts - after estimated to be more than four times the uprisings in Bogra on September as manv prisoners "awa'iting trial" in 30 and Dacca on October' 2, About as "convicts". The paper 600, mostly from the air force were Bangladesh executed bv firing squad or hanging reported that of 36,685 inmates of the 56 jails in Bangladesh (prison capacity in Dacca. The Amnesty Report noted on other is designed to hold a maximum of nmattersthat the government since as- 14,000 prisoners) anly 6,842 are consuming power had declared a series of victs, the rest - 29,843 - are being partial amnesties umder which 6,500 held 'awaiting trial'. The Amnesty Redetainees had been released. These port states that "although the source is are mainly prisoners who had been im- of informationp not revealed in this prisoned during the Mujib regime. Am- article, when contacted the Inspector

ECONOMIC AND POLITICAL WEEKLY General of Prisons did not contradict the Jttefaq figures. Amnesty International was told by usually reliable sources that perhaps between one-third and one-quarter of all prisoners 'awaiting trial' are held in connection with political activities." Many observers of the Bangladesh situation conisider Amnesty's figures highly conservative. A November 1977 story in The Guardian of London reported that Ittefaq in a recent article had stated that the number of prisonners held in the country had risen to 53,000. Amnesty is believed to have been cautious in its Bangladesh estimates, since last year it found itself on the high side in West Bengal regarding the numbers of Naxalite prisoners. The organisation, however, proved highly accurate in its all-India estimates of detentions during the Emergency. The Bangladesh government, when it bothers to say anything on the matter, has attempted to dismiss the issue with patently ridiculous answers. The Amnestv Report recounted the following incident: Home Secretary Mr Salauddin Ahbmedinformed the Amnesty International delegation during the mission that there were 2,000 political prisoners held without trial in Bangladesh. Amnesty International understands that these are prisoners held in preventive detention under the provisions of the Special Powers Act or the Emergency Powers Regulations. But, apart from this, many political prisoners are held on charges punishable under emergency legislation or martial law without, however, being tried. When asked, the government did not supply Amnesty International with figures of the total number of political prisoners so held.'LEGALITY' UNDER MARTAL LAW

March 25, 1978 conclude that the trial fell far short of international standards and consequently finds it impossible to accept the findings of the court". In other words, by any cannon of law or precedure Taher's execution was illegal. The Amnesty Report states: 'Special Martial Law Tribunal No 1' opened on June 21, 1976 to try Colonel Abu Taher and 32 other military and civilian men on charges of attempting to overthrow the government of Bangladesh and of incitement of the armed forces towards mutinv. Most of the accused were connected with the, Jatiyo Samajtantrik Dal (Nationalist Socialist Party) (JSD) oi its military wing, the Biplobi Gono -Bahini (Revolutionary People's Army), organisations which, according to press reports, played a major role in the November 1975 events in the armed forces which installed the present government in power. On July 18, 1976, Colonel Taher was sentenced to death, two accused were sentenced to life imprisonment and 14 others to variouis jail terms, whilst 16 others were acquited. The execution of Colonel Taher took place four days later in Dacca Central Jail, on July 21, after an appeal for clemency had been refused by the President (there being no provision in law for appeal to any legal authority). The execution took place after a trial which Amnesty International considers to have been held under the most unsatisfactory circumstances. It has been confirmed to Amnesty International during its visit that, as of June 21, 1976, when the trial started, none of the accused had been able to meet his lawyer. The trial was held in camera inside Dacca Central Jail, under rules which do not comply with the ordinary provisions laid down in the Piocedural Code. Moreover, the lawyers had to operate under an oath of secrecv (and still are) not to disclose anything9 learned in the course of or in connection with the trial proceedings. It has already been pointed out that there was no possibility for legal redress against sentence, including the sentence of death. In the absence of any possibility of assessing the legality of the convictions by way of ptblic sources, Amnesty International asked for a transcript of trial procedures in the Special Martial Law Tribunal No 1. However, Aninesty International was told these could not be made available. Amnesty International is disturbed that it cannot verify most serious reports received by the delegates during their visit that convictions of the accused were reached solely on the basis of evidence given by seven codefendants who had turned state witnesses. According to these reports, this evidence was used in a way not in compliance with the ordinary rules laid down in the Code of Criminal Procedure, if these reports ar, correct, the accused couldl never

The Amnesty Report focuses a large proportion of its discussion on the operations of Bangladesh's Martial Law Tribunals. Any person living in Dacca today is familiar with the long lists of accused persons ordered by public notice in newspapers to surrender to the authority of the tribunals. In the press declarations no charges are ever specified and in most instances all tribunals hold their sessions in secret. The justification for the tribunals given to the Amnesty delegates by Tobarak Hossain, the Bangladesh Foreign Secretary, was that they provided "a speedy' means of trial". Hossain "explained that the ordiriary procedures applying under criminal law were detailed and time consumimingz did not meet the and specific requirements existing under

martial law". Amnesty, in distinction to Tobarak Hossain's theory of justice, expressed its concern over "the curtailment of procedural rules, since they contain changes in the rules of evidence and procedure which are conceived under ordinary criminal law as safeguards to ensure a fair trial for the accused". There are two types of martial law courts functioning in Bangladesh. The first type are 'Special Martial Law Courts' which consist of three 'judges', two of wvhembelong to the armed forces and are officers not below the rank of colonel. The other member must be a magistrate. The Special Martial Law Courts which frequently try civilian political cases have the authority to award the sentence of death. The second type of tribunals are the 'Summary Martial Law Courts' which have one sitting member, either a magistrate or an army officer not below the rank of major. Sentences of up to five years are handed down by these boards. Once a prisoner has been charged under mnartial law regulations the right to habeas corpus no longer exists. Moreover, there exists no appeal against any verdict passed by a martial law couirt. Amnesty expresses its anxiety at the "acquiescen9e of the legal profession which appears to cooperate fully with the martial law courts. It is surprising that so many nmagistrates should be prepared to participate in this form of trials, which are so widespread". The Amnesty Report expresses further its "grave concern" at the operation of what are known as the 'Special Martial Law Tribunals'. Only two have ever been convened and the first concerned the secret trial and execution of the leading military figure of the JSD (Socialist Nationalist Party) Colonel Abu Taher, in July 1976. Taher had played a leading role in the general uprising and soldiers' mutiny which shook the country on November 7, 1975. Taher was executed on July 21, 1976. His became the first political execution in Bengal in over forty years. It thus became the first round of death under Ziaur Rahman's regime and a prelude to the mass executions that have now occurred. In its extensive review of the case Amnesty concludes that Taher and those accused with him "could never have been convicted if their trial hiad taken place before an ordinarv criminal couirt. Under these circunstances, Amnesty International has to

March 25, 1978 have been convicted if their trial had taken place before an ordinary criminal court. Under these circumstances, Amnesty International has to conclude that the trial fell far short of international standards and consequently finds it impossible to accept the findings of the court. It trust that no further trials under this procedure will be instigated and urges the government to consider granting a re-trial of those tried under the special martial law tribunal procedure, before an ordinary' criminal court, where normal legal safeguards apply. The Amnest:y Report expressed furcher concern about the fact that when the Dacca High Court acts independently and orders the government to release prisoners, who according to the court are being held "illegally", the authorities have refused to carry out releases. Amnesty cites three reported examples of prisoners ordered by the court to be set free who were rearrested at the jail gate. They were Nur Alam Ziku, Organising Secretary of the JSD, Khalequzzaman, President of the Chanpur District JSD, and Mesbaduddin Ahmed, Joint Secretary of the JSD. Since the Amnesty Report was written the Dacca High Court on February 14, 1978, ordered for the second time in six months the release of Shahiahan Siraj, former General Secretary of the JSD, and President of the Bangladesh Workers League, who had been arrested on November 23, 1974 under the Mujib regime. Siraj had been the man who read out Bangladesh's Declaration of Independence on March .X, 1971 at a mammoth meeting in central Dacca at the height of the autonomy movement. The court declared once again that his detention was illegal and ordered his release. Most legal observers in Dacca doubted, however, if the government would obey the law. IThe Amnesty Report summed up the paradox of "legality" under martial law when it stated: The existence of martial law in Bangladesh implies in itself that normal system of government has The fact that broken down... there are thousands of political prisoners (the majority of them held without trial), the functioning of martial law courts without appeal, the possibility that such trials can be held in camera, the severe restrictions in force on the applicability of habeas corpus and the right to bail are all examples indicating that present government is still far from upholding the rule of law. If., any notion of democratic legality had become ridiculouls in Bangladesh,N.MA

ECONOMIC AND POLITICAL WEEKLY life was quickly approaching the realm of the absurd when, last August, the authorities announced they were intending to bring the detained JSD leadership to trial on charges of overthrowing the govemment by force. The absurdity was 'that the trial would not be for attempts to overthrow the present government, but for an alleged attempt to overthrow the government of Sheikh Mujibur Rahman in 1974. What is so extraordinary about the whole affair is that the men who are presently in power, a great many of whom - such as Mabubul Alam Chashi, A M S Safdar, and others - played critical behind-the-scenes roles in the coup which overthrew Mujib, are now in an act of near comediy intending to put the JSD leadership on trial for the act, when in fact most of the JSD leaders were in prison at the time of Mujib's downfall. The new charges derive- from an incident which took place on March 17, 1974 in which the JSD organised a hunger march on Mujib's Home Minister's house. They were protesting against rising prices and demanding action on the emerging famine conditions that soon starved over 50,000 peasants. The demonstration was broken up when Mujib's Indiantrained paramilitary force, the Rakkhi Bahini, opened fire killing nearly thirtv demonstrators. The JSD leaders present at the demonstration were arrested and many of their detentions date from that day. Having failed to establish any grounds to deny writs of habeas corpus before the civilian High Courts which are ordering the release of JSD, prisoners, Ziaur Rahman's Home Ministry'has descended to the level of complete legal nonsense in attempting to rehabilitate charges first instituted by the Mujib government, but never acted on by it. The Amnestv Report states: Particularly doubtful is the reliability of new charges made against leaders of the JSD, already serving long prison terms after having been convicted by a special martial law court. According to The Bangladesh Times of August 21, 1977, 24 persons, including leaders of the JSD, have beeni charged with offences punishable under the Special Powers Act and the Penal Code for making 'inflammatorv, seditious and prejudicial speeches inciting the audience to take up arms to overthrow the government by force' on March 17, 1974. This charge relates to an event which took place more than three years ago, under the Sheikh Mujibiir Rahman adminis0tration.Since the then government did not itself take anY legal steps for prosecution at the time, Amnesty International seriously questions the validity of prosecution of a political nature by a later administration, more than three years after the event took place. In conclusion the Amnesty Report expresses its concern for the security and safety of political prisoners. It mentions, in particuilar,the incident at Dacca Central Jail on June 22, 1977. According to a report in the Far Eastern Econiomic Review of August 26, 1977, 3,000 inmates out of a total of 5,000 were injured in the "massive and bloody free-for-all". A commission was set-up headed by the government'sfavourite commission head, Justice,

A F M Ahsanuddin Chowdhury, Although the official press declared at the time the commission's report would appear by July 31, 1977, more than six months after the prison incident, no report has appeared. Nevertheless, justice Ahsanuddin has been appointed head of yet another commission to inquire ino the facts and causes of the military rebellions in Bogra and Dacca in October. No one seriously expects a document from the last of Zia's "lost commissions". The latest juridical non. exercise follows the failure of a similatcommission of inquiry to report on the

killing of four of Mujibur Rabman's cabinet ministers who were bayoneted to death in their cells at Dacca Central Jail on the night of November 4, 1975. According to the Amnesty Report this commission has "not been allowed to convene". Amnesty concludes its report summarising allegations of post-arrest treatment of prisoners. It reviews accusations of beatings and the use of burning cigarettes during periods of interrogation, particularly those which occur at National Security Intelligence (NSI) interrogation centres and in Dacca Cantonment. It mentions specifically the JSD leader, Sirajul Alam Khan, who "according to reliable reports, during his prolonged interrogation had been deprived of food, drink, and sleep". In February 1977 the organisation cabled Major-GeneralZiaur Rahman expressing concern about the deteriorating health of the JSD leader. The Amnesty Docu-, ment reminds the Bangladesh authorities of the United Nations' "Standard Minimum Rules for the Treatment of Prisoners". The past decade in South Asia has been a deteriorating one in terms-of the conditions of political imprisonmenst

both in respect of the numbers of those tary staff college at Dehra Dun. How