Bangladesh: Convicted Islamist Leaders Appeal against Death Penalty for War Crimes

By Hojin Choi

Impunity Watch Reporter, Asia

DHAKA, Bangladesh – Recently convicted Bangladesh Islamist leaders moved to overturn their death penalty sentences for war crimes.

Since 2010, the International Crimes Tribunal has sentenced more than ten ex- and present political leaders for war crimes committed during the country’s civil war. Most were convicted for crimes against humanity by collaborating with the Pakistani Army. According to the government, three million people died and approximately 200,000 women were raped during the nine months of war, and East Pakistan became an independent country, Bangladesh.

Bangladesh’s ex-minister Syed Mohammed Kaiser appealed his death sentence in middle January. The verdict, sentencing him to death, was delivered by the International Crimes Tribunal a month ago, and he was found guilty on 14 out of the 16 charges brought against him. It is well known that Kaiser organized a militia named after him, “Kaiser Bahini,” in 1971, and guided the Pakistani Army to attack villages and to abuse supporters of Bangladesh’s independence. He fled once Bangladesh achieved liberty, and then rejoined Bangladesh’s political sphere as a parliamentary member. He later became the Minister of Agriculture.

Former Minister Syed Mohammed Kaiser (bdnews24.com)

An Islamist party leader, ATM Azharul Islam (“Azhar”), also moved the Supreme Court to overturn his verdict. He was also sentenced to death in late December for the genocide of 1,400 Hindus and supporters of Bangladesh’s liberation. He was known as a leader of a notorious militia, “Al-Badr,” that attacked villages by cooperating with the Pakistani Army. It is said that his militia committed the one of the largest genocides during the 1971 war.

Azhar is the eighth leader of the Islamist party to be convicted of war crimes. Whenever a conviction has been obtained, the party’s supporters have reacted wildly. They argue that the International Crimes Tribunal has a political and religious purpose that is to oppress the party. The party and its supporters often called for a nationwide shutdown and protests.

One of Justice of the court, Justice Rahim, previously commented on Azhar’s case that “we are trying him as a war criminal suspect . . . his stature as an Islamic or religious figure is not our concern.” However, many human rights activists and politicians from other nations have expressed concern over the continuous death sentences in Bangladesh, but most agree that the inhumane war crimes must be punished, even after a long period of time.

For more information, please see:

Globalpost – Bangladeshi ex-minister appeals against death penalty for war crimes – 20 January 2015

Bdnews24 – Tribunal sentences Kaiser to death for 1971 war crimes – 23 December 2014

Bdnews24 – Jamaat leader Azhar moves Supreme Court to overturn death sentence – 28 January 2015

Bdnews24 – Jamaat leader Azhar to die for 1971 genocide – 30 December 2014

Sri Lanka Government Initiate New War Crimes Investigation

By Hojin Choi
Impunity Watch Reporter, Asia

COLOMBO, Sri Lanka – Sri Lanka’s new regime is planning a new investigation into human rights violations committed during the country’s civil war. Sri Lanka had the longest civil war in Asia, lasting 26 years, and ending in 2009. Sri Lanka initiated an investigation into the issues on its own accord, but had not reached credible results in the process.

The new phase of the investigation is highly related to the launch of the new regime. The former president of Sri Lanka, Mahinda Rajapaksa, had refused to cooperate with the U.N. investigation. According to the U.N., Rajapaksa interfered by creating a “wall of fear” to prevent witnesses from giving testimony and tried to “sabotage” the investigation.

The U.N. investigators also argued that the government intimidated human rights defenders by “surveillance, harassment, and other forms” of coercion. Rajapaksa was ousted by a surprising election result at the beginning of January. He was then accused of an attempted coup aimed at staying in power after the election. He denied the allegation.

The U.N. reports that about 40,000 civilians, mostly members of Tamil rebel group, were killed in a final government assault that ended the civil war, and that both sides committed serious human rights violations. The new president Maithripala Sirisena promised a new inquiry under an independent judiciary and with support of foreign experts.

“We are thinking of having our own inquiry acceptable to them, to the international standards,” said a government spokesperson. New president Serisena also sent his senior advisor to meet U.N. officials to discuss the investigation.

Pope Francis delivering his speech in Sri Lanka (EPA).

Two weeks before the government’s announcement, Pope Francis, during a visit to Sri Lanka, also urged the nation to pursue the truth about alleged war crimes. He said that reconciliation after tragic bloodshed could be found only “by overcoming evil with good, and by cultivating those virtues which foster reconciliation, solidarity and peace.” During his speech, he did not mention the former president’s alleged refusal to cooperate with the investigation.

“The process of healing also needs to include the pursuit of truth, not for the sake of opening old woulds, but rather as a necessary means of promoting justice, healing and unity,” Pope Francis added. The new president, Sirisena, welcomed him at the Cololbo’s International Airport.

Besides the investigation into the final week of the civil war, human rights activists argue there seem to be more issues to be addressed by the new regime. Tamils, the oppressed side in the war, still say that they are suffering from discrimination. A government spokesperson said that the government is also considering the release of political prisoners who were suspected of rebel activities associated with the Tamil group.

For more information, please see:

Arab News – New Sri Lanka govt plans fresh war crimes probe – 29 January 2015

Jurist – Sri Lanka to initiate new war crimes investigation – 29 January 2015

The National – Pope Francis says Sri Lanka must investigate war crimes – 13 January 2015

Reuters – Pope says Sri Lanka should seek truth over civil war – 13 January 2015

 

U.S. Department of Justice Finds Culture of Discrimination in Ferguson Police Department

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

WASHINGTON D.C., United States of America – The United States Department of Justice concluded that the Ferguson Missouri Police Department, which came under global scrutiny after the killing of unarmed teenager Michael Brown, routinely engages in racially biased practices, an official familiar with the findings said Tuesday. The investigation began in August after the shooting of Brown, an African American teenager by a white Ferguson Police Officer, which sparked protests nation-wide and brought Ferguson to a standstill. The investigation was ordered by Attorney General Eric Holder. The report found 85% of people subject to vehicle stops by Ferguson police were African-American; 90% of those who received citations were African American; and 93% of people arrested were African American. 67% of the Ferguson population is African America.

A protester stands in front of Police cars in Ferguson Missouri on November 25, 2015. (Photo courtesy of Reuters)

In 88% of the cases in which police the Ferguson police reported using force, it was against African-Americans. During the period 2012-2014 African American drivers were twice as likely as white drivers to be searched during traffic stops. However, African Americans were 26% less likely to be found in possession of illegal contraband. African Americans were also disproportionately more likely to be given a ticket by Ferguson police officers for minor infractions: 95% of tickets for “manner of walking in roadway,” a violation that is essentially jaywalking, were given to African Americans. Also, 94% of all “failure to comply” charges were filed against African Americans.

The apparent racial biases were not limited to the police force. Local judges in Ferguson were also found to have issued racially disparate rulings. African Americans 68% less likely to have their cases dismissed by a Ferguson municipal judge than white defendants, and were overwhelmingly more likely to be taken into custody during routine traffic stops solely for an outstanding warrant issued by the Ferguson courts.

The Justice Department also found disturbing evidence of blatant racism in internal documents of the Ferguson Police Department that subject that many of the apparent racial disparities in justice and law enforcement are more than a mere coincidence. The investigation found evidence of racist jokes being forwarded around the dependent and between court officials. One email included a joke about that then newly elected President Barack Obama in 2008. The joke claimed that the President would not hold office for long because “what black man holds a steady job for four years.”

Another particularly disturbing joke that made the rounds on Ferguson government emails in May 2011 said: “An African American woman in New Orleans was admitted into the hospital for a pregnancy termination. Two weeks later she received a check for $3000. She phoned the hospital to ask who it was from. The hospital said: ‘Crimestoppers.'”

Civil rights attorney Jerryl Christmas, who has represented people who have clashed with Ferguson police and city officials during the months since the August killing of Mike Brown said he was not surprised by the revelations, and he hopes that the Ferguson Police Chief Tom Jackson will be fired. “We already knew all this was going on. The problem is nobody is being prosecuted, nobody has been terminated,” Christmas said.

Ferguson Committeewoman Patricia Bynes said she was outraged by the racist emails. She said, “The fact that police officers and municipal court officials are using their public emails to tell racial jokes that just reeks of arrogance and ignorance” said Bynes. “It’s astounding. They think they are untouchable. The taxpayers have been paying for that racial bias.”

For more information please see:

CNN International – Justice Report Finds Systematic Discrimination against African-Americans in Ferguson – 4 March 2015

National Public Radio – DOJ: Ferguson Police Routinely Discriminate Against African Americans – 4 March 2015

Washington Post – Federal Probe Uncovers a Racist Joke about Obama in Official Ferguson Email – 4 March 2015

Reuters – Justice Department Finds Racial Bias in Ferguson Police Practices – 3 March 2015