Mir Quasem Ali
Mir Quasem Ali was born on 31 December 1952 in Munshidangi Sutalori in the district of Manikganj (in the center of today’s Bangladesh).
During the Bangladesh Liberation War in 1971, he was known to be one of the leaders of Islami Chhatra Sangha (ICS), the student branch of the Jamaat-e-Islami party, before becoming General Secretary of the ICS for East Pakistan and Commander of the pro-Pakistani militia, Al-Badar, in the district of Chittagong in the south of today’s Bangladesh. Subsequently, he became an important figure within Al-Badar on a nationwide level alongside both Moulana Motiur Rahman Nizami and Ali Ahsan Mohammed Mujahid.
During the events in 1971, Quasem Ali was reported to be implicated in abduction, confinement, torture and murder of hundreds of Hindus and “freedom fighters”. Notably, he was said to have transformed the Dalim hotel, in the town of Chittagong, into a torture centre for Al-Badar. Many civilians were allegedly abducted from their homes and tortured in this detention centre during the month of November 1971. A number of those civilians were also killed there.
After independence, Quasem Ali fled the country to Saudi Arabia and returned to Bangladesh only after the murder of Bangabandhu Sheikh Mujibar Rahman, (one of the founding fathers of Bangladesh) on 15 August 1975.
On 6 February 1977 he became the first President of Islami Chhatra Shibir (formerly known as Islami Chhatra Sangha), the student wing of the Islamist political organization of Bangladesh, and then exercised various commercial functions, such as Director of Islami Bank.
On 17 June 2012, the Bangladesh International Crimes Tribunal issued an arrest warrant against Quasem Ali who was arrested the same day.
On 17 June 2012, the Bangladesh International Crimes Tribunal (ICT) issued an arrest warrant against Quasem Ali who was arrested the same day. He was put in detention in the Kashimpur high security prison where he has been detained until this day.
On 26 May 2013, the Tribunal confirmed the 14 charges of crimes against humanity against Quasem Ali. Notably he has been accused of abduction, confinement, torture and murder.
Subsequently the case was transferred to Tribunal 2 and the trial opened on 18 November 2013.
Twenty-four witnesses and four witnesses for the defense were heard during the hearings, which ended on 4 May 2014.
On 2 November 2014, Quasem Ali was found guilty of 10 of the 14 charges brought against him, and was sentenced to death. He was acquitted of four charges for lack of evidence of his involvement in the crimes.
Quasem Ali appealed the judgment before the Supreme Court of Bangladesh. On 8 March 2016, the Supreme Court upheld the ICT’s judgement, and the death sentence.
Quasem Ali filed a petition for review of the decision on 19 June 2016.
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.