HRDB NEWSLETTER

Human Rights and Development for Bangladesh Newsletter

3rd May 2016

Bangladesh:

All set for another Judicial Killing

Following executions of three leaders of Bangladesh
Jamaat-e-Islami Bangladesh keeps pushing for another
death penalty for Motiur Rahman Nizami, chief of the
countrys the largest Islamic political party.
Nizami was a Cabinet minister during for- BJI, Ali Ahsan M. Mujhid, Mr. Abdul Quadmer Prime Minister Khaleda Zia's last term er Mollah and Mr. Muhammad Kamain 2001-2006.
ruzzaman, were executed in similar fashion. This occurred despite repeated calls
Bangladesh Supreme Court will pro- and diplomatic efforts, including from the
nounce the final verdict on May 5 on U.S. Secretary of State John Kerry, UN
the death sentence it handed down to Secretary General Ban Ki-moon, and
chief of Jamaat-e-Islami, Motiur Rah- Turkish President Recep Tayyip Erdogan.
man Nizami.
Controversies over trial
If the apex court upheld its January 6
judgment confirming Nizami's capital pun- International Human Rights groups that
ishment, the top leader of Bangladesh's have spoken out against the judicial probiggest Islamist party would be left with ceedings include Human Rights Watch,
the only option to seek presidential mercy. Amnesty International, The International
If Nizami does not receive it or opts to not Center for Transitional Justice, the Interseek clemency, the government will carry national Bar Association, No Peace without the death sentence.
out Justice, the United States Ambassador-at-Large for War Crimes Stephen
Like other previous cases the pre- Rapp, Members of the United States Consent Awami-led govt, will not spare gress, Members of the British Governany time to hang him setting an- ment, Members of the United Kingdom
House of Lords and the Bar Human Rights
other example of Judicial Killing.
Committee of England and Wales. The
United Nations Working Group on ArbiICT-BD originally sentenced Nizami to trary Detention has declared the process
death on October 29, 2014 and after an in breach of international law, and has
appeal hearing, the apex court in its Janu- referred the matter to the UN Special Rapary judgment found the punishment appro- porteur on Torture.
priate for him.
The prison authorities served Nizami the Apart from the general overall weaknessdeath warrant on March 16 as the apex
court's decision reached them in writing es in proceedings of the so-called Internathrough the ICT-BD following which the tional Tribunal in relation to Nizami's trial,
Jamaat chief preferred to seek review of three immediate issues come to mind:
the Supreme Court judgment.
1.Charge no 16, one of the offences for
He was arrested on July 29, 2010 on
which Nizami received the death sencharges of hurting religious sentiments.
tence, was not part of the prosecution's
After three days, he was shown arrested
initial charge framing application, but apin a war crimes case.
pears to have been added (as seen from
the e-mails leaked during the 'skype' scanOn December 11, 2012 the prosecution
dal)2 at the request of an outsider to the
brought 16 charges of crimes against hutribunal, Ziauddin Ahmed, a legal academmanity including conspiracy, planning,
ic who whilst advising the judges was also
complicity, incitement and active participain touch with the prosecution.
tion against the Jamaat leader.
Previously, three other party leaders of

2. Nizami's defence lawyers were only

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 implicating and
incriminating leaders, scholars and personalities from
the opposition camp.
Above all stop the use of the
death penalty in all circumstances, even for the most
serious international crimes.

Human Rights and Development for Bangladesh Newsletter

3rd May 2016

allowed to call four witnesses in defence

of 16 charges, whilst the prosecution
was allowed over 20.
3. At least one prosecution witness,
Shamsul Huq Nannu, claimed in a recorded interview that he was briefed and
coerced to give evidence against Nizami. (He subsequently denied that he
ever gave the videoed interview, but
independent tests done on the voice
recordings commissioned by the defence suggested that it was the same
person)
Whilst, in the end of course it is only
through a fair trial process that guilt can
properly be apportioned, the prism of
moral justice cannot simply be put to one Motiur Rahman Nizami was born in March 31, 1943 in District of Pabna ,
side.

Who is Motiur Rahman Nizami?

Bangladesh.

Despite these criticisms, the Bangladeshi government is still determined He was active in the Islamic movement from the very outset.
to carry out these executions of opposition leaders.
In addition, disclosures from the international news media show that there is
overwhelming evidence of serious judicial and prosecutorial misconduct. The
government has conspired with members of the judiciary, and the prosecution, to bring about the desired result for
the conviction and execution of the leading members of Jamaat-e-Islami. The
tribunal has become a mockery of international law, and undermines all major
international instruments to protect fundamental human rights principles and
basic standards of justice.
1. Implementation of Rapp's Suggestions: http://
bangladeshwarcrimes.blogspot.ca/2011/12/
implementation-of-rappssuggestions_26.html
2. Skype Scandal: http://
bangladeshwarcrimes.blogspot.ca/2013/03/23dec-2012-skype-retrial-application.html

He was elected President of the largest student organization of the subcontinent Jamiat-e-Talaba Pakistan from 1969 till September 1971. He
joined Jamaat-e-Islami Bangladesh in September 1971.
He discharged many responsibilities in Bangladesh Jamaat-e-Islami as a
president of Dhaka city Jamaat, Assistant Sec. General of Jamaat, in
1988 he became Secretary General of Bangladesh Jamaat-e-Islami.
In 1991 he was elected as a member of parliament and appointed as the
leader of Jamaat parliament party.
He played a critical role in the movement of the constitutional amendment
that reverted back the country to parliamentary democracy. He also
played a key role in the restoring the neutral caretaker government concept in constitution to conduct national election.
In 2000 he was elected as the Ameer (president) of Bangladesh Jamaate-Islami. In 2001 he was again elected as a Member of Parliament. He
served as Agriculture Minister in the government and subsequently
served as an Industry Minister.
During his tenure as an Agriculture Minister, he was praised nationally

3. Restricting defence witness numbers: and internationally for is honesty, hard work and dedication. Bangladesh
http://
managed to achieve surplus in food supply during his tenure. During his
bangladeshwarcrimes.blogspot.ca/2013/11/are- time as the Minister of Industries, for the first and only time in the history
tribunals-justified-in-restricting.html

of Bangladesh the state owned Sugar Mills made profit.

4. Prosecution witness briefed and coerced to give evidence against Nizami:

https://www.youtube.com/watch?
v=mbB8QazT8jw

Motiur Rahman Nizami was chosen as 43rd most influential Muslim leader by Royal Islamic Strategic Center in 2009.
The Muslim 500 listed Motiur Rahman Nizami among the most influential
political leaders in 2016.

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