Akram Hossein Khan

08.05.2016 ( Last modified: 07.06.2016 )
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facts

Akram Hossain Khan was born on 03 December 1955 to Muhammad Joynal Abedin Khan and Zulika Begum, both of the Bagerhat District of Bangladesh. Before he began service as a mechanic of the government’s agriculture department, Khan is alleged to have participated in the 1971 Liberation War as a member of the volunteer Razakar forces.

Khan is suspected of having been a prominent member of the Razakars unit in Bagerhat region of southern Bangladesh during the 1971 Liberation War. The Razakars were a pro-Pakistan paramilitary force, trained and commanded by the Pakistan Army. They were divided into brigades, responsible for assisting the Pakistani army in stopping Bangladeshi independence and fighting against the country’s independence.

Khan’s accused commander, Siraj Master, was reportedly close to Yusuf Maulana Abul Khalam Muhammad, himself indicted for creating this faction of pro-Pakistani paramilitaries in the region. The Razakars group is accused of committing war crimes and crimes against humanity against the Bangladeshi independence supporters during this period.

In this context, Khan is accused of having helped and participated in committing murder and abductions. During the course of these actions, it is also alleged that forced conversions of Hindus to Islam took place, as well as the looting and burning of several villages. Several hundred people died during these events.  The charges against Khan include individual responsibility as well as one charge involving a joint conspiracy with Khan’s commander, Siraj Master, and Abdul Latif Talukder.

In 2009, war crimes victim and freedom fighter Nimai Chandra Das of Raghuduttakathi village filed a case against more than 20 people, including Akram and Talukder, with a Bagerhat court after the government established the International Criminal Tribunal for Bangladesh (ICT-1) and initiated investigations into war crimes and other international law violation allegations in the territory.

legal procedure

investigations into war crimes and other international law violation allegations in the territory.

Khan was arrested 20 June 2014 in Bagherat district of Bangladesh, following an arrest warrant issued by the International Criminal Tribunal for Bangladesh (ICT-1). He was detained at the same time as Abdul Latif Talukder, while Siraj Master was arrested on 21 July 2014. All three stand accused of participating together in the war crimes committed by the Razakars group.

The three accused are currently being tried by the Tribunal of Bangladesh International Crimes (ICT -1).  The trial commenced on 2 December 2014 with opening statements. The prosecution has presented at least 13 witnesses including Subhan Sheikh who testified that Khan, along with Master and Talukder, killed his father for assisting freedom fighters during the conflict in 1971 by forcibly taking him to Kochua Razakar camp and shooting him.

The trial is ongoing.

context

THE 1971 BANGLADESH LIBERATION WAR

The 1947 partition of India resulted in the emergence of the country of Pakistan out of two territories: West Pakistan (today’s Pakistan) and East Pakistan (today’s Bangladesh). As a response to the Awami League victory in the 1970 general elections, the Pakistan Army launched Operation Searchlight on 25 March 1971, a massive military operation designed to curb the nationalist movement in East Pakistan. The armed conflict became known as the “Liberation War” and lasted until 16 December 1971.

The conflict involved widespread killings and other atrocities –forced displacement, disappearances, destruction and confiscation of property, torture and sexual violence– carried out by the Pakistan Army with the assistance of religious and political groups from East and West Pakistan. The exact number of victims of the conflict is not established. Bangladeshi authorities claim that 3 million people were killed while a Pakistan Government investigation states the figure of 26,000. The conflict also led to a major humanitarian crisis, with eight to ten millions refugees fleeing to India. Sexual violence was allegedly used as a weapon of war, with an estimated 200.000 women victims of rape.

INTERNATIONAL CRIMES TRIBUNAL ACT (ICTA)

On 20 June 1973, the ICTA was adopted to provide for the prosecution of any persons for “crimes against humanity, genocide, crimes against peace, war crimes, violation of any humanitarian rules and any other crimes under international law” committed in Bangladesh. The ICTA, using the Nuremberg International Military Tribunal Charter as a template, was to serve as a basis for a national tribunal.

However, efforts ended with the military coup of 1975. The new regime also repealed the 1972 Collaborator’s Act, which had been designed to bring to account those who had collaborated with the Pakistan Army. As a result, prosecutions of “collaborators” who did not fall under the 30 November 1973 amnesty were stopped, and all those detained and convicted were pardoned and released.

INTERNATIONAL CRIMES TRIBUNAL (ICT)

In 2008, the ICTA was resuscitated in the election manifesto of the Awami League. In 2009, the elected Awami League government adopted a resolution to initiate the establishment of a civilian court, which led to the 2009 amendment of the ICTA. In March 2010, the International Crimes Tribunal (ICT) was set up and its Rules of Procedure were adopted on 15 July 2010.

The ICT has generated criticism from the international community, including the UN Working Group on arbitrary detention, Human Rights Watch, Amnesty International and the US Ambassador-at-large for War Crimes Issues. This criticism mainly addresses the lack of fair trial standards. The European Union has also voiced its concern with regards to the potential application of the death penalty.

LIMITATIONS TO THE TRIAL OF INTERNATIONAL CRIMES

Several legislative and executive orders granted immunity to groups involved in the 1971 Liberation War. In February 1973, shortly before the ICTA, the Bangladesh National Liberation Struggle (Indemnity) Order granted immunity to all freedom fighters for acts committed in connection with the “Liberation Struggle”. On 30 November 1973, a general amnesty was declared for all Bangladesh citizens who had collaborated with the Pakistan Army, with the exception of those accused of murder, rape, arson or genocide. Finally, the early 1974 tripartite agreement organised the return of Pakistani prisoners of wars, including those accused of committing war crimes, without charging them.

The ICTA was, however, never repealed. It provides for the prosecution of Bangladeshi nationals who were not granted immunity for international crimes committed during the Liberation War.