BDR trial: Ought to be fair, transparent and credible
Tuesday, 15 December 2009
Shamsher Chowdhury
THE BDR revolt was not only the most macabre incident we faced since our independence. It is an occurrence that only saw atrocities of unprecedented proportions but also highly tarnished our image both internally and externally. Other things being as they are, it also signaled failure and handling of the entire incident (as alleged by many) on the part of the administration, more so of the national intelligence agencies. Questions are still raging in the minds of the people of the country as to who did what to whom, to this day. The trial therefore should be free, fair, comprehensive and absolutely transparent. It is not a question of public's trust alone it is also a testing time for our judiciary. And the judicial process and the administration
During the curse of the trial it is my hope that two particular issues would also be addressed at length as to the issues of accumulated anger as reflected in the pamphlet and distributed amongst the length and breath of the Jawans within the complex and outside during those two days of the revolt. These issues should be reviewed, debated and discussed in order to ascertain as to whether issues raised were mere fiction of imaginations of a handful of the Jawans or there is considerable truth in what has been stated in the concerned pamphlet. On the other hand, a thorough questioning and review of the workings of the national intelligence agencies should also take place of all relevant incidences that took place a few days before, on the day and days following the actual happening. Questions should also be asked as to which agency or agencies carried out the post facto investigations and the relevant reports be thoroughly reviewed and the contents of the report, be brought out in the open for public consumption. Besides how many agencies did actually conduct enquiries, independent of one another?
The process of the trials should also take into consideration at length the issue of custodial deaths of as many as 50 or more of BDR personnel due to so-called heart attacks. One has to explain for the benefit of the public these incidences of highly probable breach of human rights. As it appeared from the media reports that a number of BDR personnel were involved in the brutal killing of a number of our senior officers of the armed forces personnel including the Director General (DG) and his wife. One of the questions that come into my mind to why to day there has been not a single inquest into any of these custodial deaths? Remember in the final analysis death equalizes. In the eyes of God, there is no difference between the death of a king or a man on the street.
The trial process and the final outcome of the trial must not only be free, fair and transparent but also has to be seen to be believed and accepted by the entire nation. The judgment should reflect among other things the success, failings and the flaws, if any, in the interventions of the administration in tackling the revolt during those two crucial days, beginning about 9 in the morning of 25 February through the end of the 26th.
The concern I have is this, as to the "level" of legal support being provided for those BDR personnel charged with crimes of carrying out the actual killings. As a matter of fact, it is also my earnest wish that all concerned, the judges, the prosecuting counselors and the defence lawyers and all others involved in this trial must approach and handle the trial with open minds free from any bias or preconceived notions in order to seal any holes that may lead to travesty of justice in any form.. We must take care to remember that the BDR carnage was not merely a killing of army officials and a mere expression of extreme anger by a group of revolting Jawans, it is also obvious that considerable preplanning has gone into implementation of the revolt and that the plan of actions could not have been solely conceived by a band of Jawans of BDR or their likes alone. It is, therefore, imperative to bring to light these planners and architects of the whole incident; not only that, more importantly as to what motivated or prompted them to do so.
Irrespective of what I have stated above, I do recognise the fact holding of the trial of the complexities and magnitude of that of the BDR incident is not an easy task. It is also a challenge not only to the judiciary but also the administration. It is time for some honest and hard decisions without politics of any kind coming into play for all concerned. The outcome of this trial will have ramifications stretching over decades or even beyond linking it to the security and sovereignty of the country itself. Let us thus take an oath with God as our witness that we shall rise above all petty partisan interests or individual agenda, come what may. May God help us!.
The writer can be reached
at e-mail:
chowdhury.shamsher@yahoo.com
THE BDR revolt was not only the most macabre incident we faced since our independence. It is an occurrence that only saw atrocities of unprecedented proportions but also highly tarnished our image both internally and externally. Other things being as they are, it also signaled failure and handling of the entire incident (as alleged by many) on the part of the administration, more so of the national intelligence agencies. Questions are still raging in the minds of the people of the country as to who did what to whom, to this day. The trial therefore should be free, fair, comprehensive and absolutely transparent. It is not a question of public's trust alone it is also a testing time for our judiciary. And the judicial process and the administration
During the curse of the trial it is my hope that two particular issues would also be addressed at length as to the issues of accumulated anger as reflected in the pamphlet and distributed amongst the length and breath of the Jawans within the complex and outside during those two days of the revolt. These issues should be reviewed, debated and discussed in order to ascertain as to whether issues raised were mere fiction of imaginations of a handful of the Jawans or there is considerable truth in what has been stated in the concerned pamphlet. On the other hand, a thorough questioning and review of the workings of the national intelligence agencies should also take place of all relevant incidences that took place a few days before, on the day and days following the actual happening. Questions should also be asked as to which agency or agencies carried out the post facto investigations and the relevant reports be thoroughly reviewed and the contents of the report, be brought out in the open for public consumption. Besides how many agencies did actually conduct enquiries, independent of one another?
The process of the trials should also take into consideration at length the issue of custodial deaths of as many as 50 or more of BDR personnel due to so-called heart attacks. One has to explain for the benefit of the public these incidences of highly probable breach of human rights. As it appeared from the media reports that a number of BDR personnel were involved in the brutal killing of a number of our senior officers of the armed forces personnel including the Director General (DG) and his wife. One of the questions that come into my mind to why to day there has been not a single inquest into any of these custodial deaths? Remember in the final analysis death equalizes. In the eyes of God, there is no difference between the death of a king or a man on the street.
The trial process and the final outcome of the trial must not only be free, fair and transparent but also has to be seen to be believed and accepted by the entire nation. The judgment should reflect among other things the success, failings and the flaws, if any, in the interventions of the administration in tackling the revolt during those two crucial days, beginning about 9 in the morning of 25 February through the end of the 26th.
The concern I have is this, as to the "level" of legal support being provided for those BDR personnel charged with crimes of carrying out the actual killings. As a matter of fact, it is also my earnest wish that all concerned, the judges, the prosecuting counselors and the defence lawyers and all others involved in this trial must approach and handle the trial with open minds free from any bias or preconceived notions in order to seal any holes that may lead to travesty of justice in any form.. We must take care to remember that the BDR carnage was not merely a killing of army officials and a mere expression of extreme anger by a group of revolting Jawans, it is also obvious that considerable preplanning has gone into implementation of the revolt and that the plan of actions could not have been solely conceived by a band of Jawans of BDR or their likes alone. It is, therefore, imperative to bring to light these planners and architects of the whole incident; not only that, more importantly as to what motivated or prompted them to do so.
Irrespective of what I have stated above, I do recognise the fact holding of the trial of the complexities and magnitude of that of the BDR incident is not an easy task. It is also a challenge not only to the judiciary but also the administration. It is time for some honest and hard decisions without politics of any kind coming into play for all concerned. The outcome of this trial will have ramifications stretching over decades or even beyond linking it to the security and sovereignty of the country itself. Let us thus take an oath with God as our witness that we shall rise above all petty partisan interests or individual agenda, come what may. May God help us!.
The writer can be reached
at e-mail:
chowdhury.shamsher@yahoo.com