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Questions fairness and transparency of the ex-lawmaker’s trial

By Mariana Baabar
May 12, 2016

 Pakistan saddened over hanging of Motiur Rahman in Bangladesh

ISLAMABAD: While condoling the death of Bangladesh’s ameer of Jamaat-e-Islami, Motiur Rehman Nizami, Pakistan says it is “deeply saddened over the hanging of the leader for the alleged crimes committed before December 1971.”

Nizami, who was a former legislator and minister during opposition leader Khaleda Zia’s last term as prime minister, was sentenced to death in 2014. The Foreign Ministry questioned the ‘fairness and transparency’ of Nizami’s trial saying, “His only sin was upholding the Constitution and laws of Pakistan.”

According to Dhaka media, hundreds of people flooded the streets of the capital, to cheer the execution. “We have waited for this day for a long 45 years,” said war veteran Akram Hossain. “Justice has finally been served.”

“The act of suppressing the opposition by killing their leaders through flawed trials is completely against the spirit of democracy. The execution is also unfortunate for the people of Bangladesh who had elected Nizami as their representative in the parliament,” the spokesman said in a statement.

Bangladesh says the hanging was related to alleged genocide and other crimes committed during the “1971 war of independence from Pakistan”. The death sentence was for alleged genocide, rape and orchestrating the massacre of top intellectuals during the war.

Past condemnation of hanging to death Bangladeshi citizens for ‘war crimes’ resulted in swift reactions from Dhaka where the Pakistani high commissioner had been summoned and basically told Islamabad to keep out of its domestic policies.

While offering its condolences to the bereaved family members and the followers of Nizami, Pakistan said it is not alone in condemning the hanging of several of Bangladeshis where it feels that the independence of the judiciary was being compromised.

“Ever since the beginning of the trials, several international organisations, human rights groups and international legal figures have raised objections to the court proceedings, especially regarding fairness and transparency, as well as reported harassment of lawyers and witnesses representing the accused. The international community has objected to the steps taken by government of Bangladesh to impose restrictions on the independence of judiciary,” the statement added.

Islamabad recalled the 1974 Tripartite Agreement, under which the government of Bangladesh “decided not to proceed with the trials as an act of clemency”, and asked Bangladesh to uphold its commitments.

Five opposition politicians, including four Jamaat-e-Islami leaders, have been executed since late 2013 after being convicted by the tribunal. The US State Department said that while it supported justice being carried out for the 1971 “atrocities”, it was vital that the trials of those accused are free, fair and transparent and conducted in accordance with international agreements.

“While we have seen limited progress in some cases, we still believe that further improvements to the … process could ensure these proceedings meet domestic and international obligations,” State Department spokeswoman Elizabeth Trudeau said in a statement. “Until these obligations can be consistently met, we have concerns about proceeding with executions.”