HRDB NEWSLETTER

Nizami was a Cabinet minister during for-mer Prime Minister Khaleda Zia's last term in 2001-2006. The Appellate Division of the Supreme Court has fixed January 6 for delivering its verdict on an appeal filed by war crimes accused Motiur Rahman Nizami, challeng-ing his death penalty. The International Crimes Tribunal on Oc-tober 29, 2014 awarded Nizami the death penalty on four charges of war crimes, including murdering intellectuals, life im-prisonment on four other charges. Nizami filed appeal with the SC against the tribunal verdict on November 23, 2014. The trial against Nizami began on May 28, 2012. He was arrested on July 29, 2010 on charges of hurting religious sentiments. After three days, he was shown arrested in a war crimes case. On December 11, 2012 the prosecution brought 16 charges of crimes against hu-manity including conspiracy, planning, complicity, incitement and active participa-tion against the Jamaat leader. Previously, three other party leaders of BJI, Ali Ahsan M. Mujhid, Mr. Abdul Quad-er Mollah and Mr. Muhammad Kama-ruzzaman, were executed in similar fash-ion. This occurred despite repeated calls and diplomatic efforts, including from the U.S. Secretary of State John Kerry, UN Secretary General Ban Ki-moon, and Turkish President Recep Tayyip Erdogan. Controversies over trial International Human Rights groups that have spoken out against the judicial pro-ceedings include Human Rights Watch,

Amnesty International, The International Center for Transitional Justice, the Inter-national Bar Association, No Peace with-out Justice, the United States Ambassa-dor-at-Large for War Crimes Stephen Rapp, Members of the United States Con-gress, Members of the British Govern-ment, Members of the United Kingdom House of Lords and the Bar Human Rights Committee of England and Wales. The United Nations Working Group on Arbi-trary Detention has declared the process in breach of international law, and has referred the matter to the UN Special Rap-porteur on Torture. The latest verdicts against for Motiur Rah-man Nizami is no different.

Through the Prism of Moral Jus-

tice: Death Sentence of Nizami

Apart from the general overall weakness-es in the legislation (See: Implementation of Rapp's Suggestions)1, in relation to Nizami's trial, three immediate issues come to mind: Charge no 16, one of the offences for

which Nizami received the death sen-tence, was not part of the prosecu-tion's initial charge framing applica-tion, but appears to have been added (as seen from the e-mails leaked dur-ing the 'skype' scandal)2 at the re-quest of an outsider to the tribunal, Ziauddin Ahmed, a legal academic who whilst advising the judges was also in touch with the prosecution.

Nizami's defence lawyers were only

allowed to call four witnesses in de-fence of 16 charges, whilst the prose-cution was allowed over 20.

Human Rights and Development for Bangladesh Newsletter 13 December 2015

Bangladesh:

Pushing for Another Death Penalty

Following three executions this year alone, Bangladesh keeps pushing for another death penalty for Motiur Rahman Nizami, chief of the country’s largest Islamic

political party Bangladesh Jamaat-e-Islami (BJI).

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 Tribu-nal under the auspices of the United Nations to bring the

real culprits to justice rather than falsely implicating and incriminating leaders, schol-ars and personalities from

the opposition camp.

Above all stop the use of the death penalty in all circum-stances, even for the most

serious international crimes.

From front page ……………………..

At least one prosecution witness,

Shamsul Huq Nannu, claimed in a

recorded interview that he was

briefed and coerced to give evi-

dence against Nizami. (He subse-

quently denied that he ever gave

the videoed interview, but independ-

ent tests done on the voice record-

ings commissioned by the defence

suggested that it was the same per-

son)

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 side.

Despite these criticisms, the Bangla-deshi government is still determined to carry out these executions of opposition leaders. In addition, disclosures from the interna-tional news media show that there is overwhelming evidence of serious judi-cial and prosecutorial misconduct. The government has conspired with mem-bers of the judiciary, and the prosecu-tion, to bring about the desired result for the conviction and execution of the lead-ing members of Jamaat-e-Islami. The tribunal has become a mockery of inter-national law, and undermines all major international instruments to protect fun-damental human rights principles and basic standards of justice. 1. Implementation of Rapp's Sugges-tions: http://bangla-deshwarcrimes.blogspot.ca/2011/12/implementation-of-rapps-suggestions_26.html 2. Skype Scandal: http://bangla-deshwarcrimes.blogspot.ca/2013/03/23-dec-2012-skype-retrial-application.html 3. Restricting defence witness numbers: http://bangla-deshwarcrimes.blogspot.ca/2013/11/are-tribunals-justified-in-restricting.html 4. Prosecution witness briefed and co-erced to give evidence against Nizami: https://www.youtube.com/watch?v=mbB8QazT8jw

Read More: http://

bangla-deshwarcrimes.blogspot.ca/2014/10/initial-thoughts-on-nizami-

conviction.html#more

Human Rights and Development for Bangladesh Newsletter 13 December 2015

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

Motiur Rahman Nizami was born in March 31, 1943 in District of Pabna ,

Bangladesh.

He was active in the Islamic movement from the very outset.

He was elected President of the largest student organization of the sub-

continent 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 con-

cept in constitution to conduct national election.

In 2000 he was elected as the Ameer (president) of Bangladesh Jamaat-

e-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

and internationally for is honesty, hard work and dedication. Bangladesh

managed to achieve surplus in food supply during his tenure. During his

time as the Minister of Industries, for the first and only time in the history

of Bangladesh the state owned Sugar Mills made profit.

Motiur Rahman Nizami was chosen as 43rd most influential Muslim lead-

er by Royal Islamic Strategic Center in 2009.

The Muslim 500 listed Motiur Rahman Nizami among the most influential

political leaders in 2016.

Who is Motiur Rahman Nizami?