BANGLADESH AND WAR CRIMES etc.

Government has fundamental responsibility to prosecute ‘The 1971 criminals’.

To ensure trial of ‘the 1971 criminals’ the government in 1973 amended the constitution for the first time. The Bangladesh constitution provides the government with unlimited power to try ‘the 1971 criminals’ by any laws no matter whether those contradict the provisions of the constitution or not, denying protection of law, protection in respect of trial and punishment and seek remedy from the Supreme Court for enforcement of fundamental rights.
Power given in Article 47 (3) of the constitution: The government has absolute power to try ‘the 1971 criminals’.
Article 47 (3): “Notwithstanding anything contained in this Constitution, no law nor any provision thereof providing for detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to any of the provisions of this Constitution.”
Article 47-A: “In applicability of certain articles,(1) The rights guaranteed under article 31. clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies.(2) Notwithstanding anything contained in this Constitution, no person to whom a law specified in clause (3) of article 47 applies shall have the right to move the Supreme Court for any of the remedies under this Constitution.”

The International Crimes (Tribunals) Act 1973:
The International Crimes (Tribunals) Act 1973, promulgated on July 20, 1973 empowers the government to try individuals on specific charges of crimes against humanity and peace, genocide, war crimes, violation of the Geneva Convention and international laws, for assistance or conspiracy to commit such crimes, and for failure to prevent commissioning of such crimes.
The government only needs to set up a tribunal under this act which is still applicable, as the general amnesty granted to ‘1971 criminals’ by Bangabandhu Sheikh Mujibur Rahman in 1973 does not apply to individuals, “those who were punished for or accused of rape, murder, attempt to murder or arson will not come under the general amnesty” [The press note on the general amnesty on November 30, 1973].
The gazette notification promulgating the Act on July 20, 1973 says the tribunal set up under the act shall have the power to try and punish any person irrespective of his nationality, who, being a member of any armed, defence or auxiliary forces commits or has committed in the territory of Bangladesh, whether before or after the commencement of this act, any of the above mentioned crimes.
In principle the Act is still in force. The Act requires a thorough review. The definition of auxiliary forces needs special care and proper examination.
The government framed the Bangladesh Collaborators (Special Tribunals) Order, 1972, and started prosecuting ‘the 1971 criminals’. But the ‘dark August 1975’ budge changed the situation since the law was repealed on December 31 that year.

Let’s think about it and do something:
"I have got millions of sons losing mine. I have got a country, which is my great achievement. I have a demand--when will the war criminals be tried? "MOKIDUNNESA mother of shaheed Birshreshtha Munshi Abdur Rob.

"My father's soul won't be in peace until the war criminals are tried. The government had conferred the highest respect on the valiant fighters. Why can't they put the war criminals on trial?"FATEMA AMIN daughter of shaheed Birshreshtha Ruhul Amin.

"My husband sacrificed his life for the country. I am proud of him. We want the trial of those who had slaughtered people during the liberation war."MILI RAHMAN wife of shaheed Birshreshtha Matiur Rahman.

"The state needs to file a case in order to try and punish the accused."Professor FARIDA BANU sister of shaheed intellectual Giasuddin. She filed the case with Ramna Police Station on September 24, 1997 against two al-Badr cadres--Chowdhury Mainuddin and Ashrafuzzaman--for killing her brother on December 14 in 1971.

"The government has absolute power to frame any sort of law to try the war criminals."GHULAM RABBANI former judge of Appellate Division of the Supreme Court.

"If the present government does not try the war criminals, then we will try the war criminals after reinstating the Collaborators Act if voted to power."ZILLUR RAHMAN acting president of Awami League.[now president of Bangladesh State]

"The government must move to try the war criminals. An individual cannot do it."ABDUL MANNAN BHUIYAN senior leader of Bangladesh Nationalist Party. He has also said: "The war criminals killed many intellectuals. Nobody took action against them even after there were strong allegations against them. The government must take the responsibility of trying them in line with people's demand."

"People will be able to offer their tributes to the seven gallant soldiers together if they are reburied in the same place. I have requested the chief adviser."Gen MOEEN U AHMED Army chief saying the seven war heroes should be buried in the same place.

Quotations Are Taken From Star Weekend Magazine Volume 6 Issue 49 December 28, 2007.