Bangladesh – Researched and compiled by the Refugee Documentation Centre of Ireland on 18 November 2014

What is the situation for members of Jamaat Islami (Jamaat-e-Islami) in Bangladesh at the moment?

An Al Jazeera report refers to the execution of a Jamaat-e-Islami leader in December 2013 as follows:

“Abdul Quader Mollah, 65, a senior leader of the Jamaat-e-Islami (JI) party, was hanged on Thursday at 10.01pm (16:01 GMT) in a jail in the capital, Dhaka, government officials said. The legal case against Mollah has heightened political tension in Bangladesh less than a month before elections are due. Jamaat-e-Islami is barred from contesting elections but plays a key role in the opposition movement led by the Bangladesh Nationalist Party (BNP).” (Al Jazeera (12 December 2013) Bangladesh hangs opposition leader)

A report from the Bangladeshi human rights NGO Odhikar on the events of 2013, in a section titled “International Crimes Tribunal (ICT)” (paragraph 180), states:

“On the night of December 12, 2013, the death sentence was carried out on Jamaat-e-Islami leader Abdul Quader Mollla, who had been convicted by the International Crimes Tribunal-2; for committing crimes against humanity during the 1971 War of Independence. The Jamaat-e-Islami Assistant Secretary General was the first person to be executed for perpetrating genocide and crimes against humanity during the War of Liberation.” (Odhikar (15 April 2014) Bangladesh Human Rights Report 2013, p.68)

In paragraph 181 this report states:

“The International Crimes Tribunal-2 sentenced Quader Molla to life term imprisonment on February 5, 2013. The verdict triggered protests organised by bloggers at Shahbagh, pressing for capital punishment for all ‘war criminals’ amid which the government on February 18, 2013 amended the International Crimes (Tribunals) Act 1973 to allow the state to appeal against the inadequacy of a Tribunal sentence. The Government then appealed against the February 5 Tribunal verdict and the Appellate Division sentenced Quader to death on September 17, 2013.” (ibid, p.68)

The 2014 Minority Rights Group International report for Bangladesh states:

“The year 2013 saw continuing attacks against the Hindu minority, aggravated by upcoming elections in 2014 and the proceedings of the Bangladesh International Crimes Tribunal (ICT). The ICT was formed in 2009 by the ruling Awami League to try those accused of atrocities committed during Bangladesh's war for independence from Pakistan in 1971. Many of

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the victims and witnesses are from the minority Hindu community. The subsequent proceedings have been highly politicized, as many of those tried are former or current members of the opposition Bangladesh Nationalist Party (BNP) or their coalition partner, Jamaat-e-Islami. Verdicts reached throughout the first half of the year resulted in widespread protests, both in support of and against the rulings. In December, a key figure in Jamaat-e-Islami, Abdul Quader Mollah, was executed as a result of an ICT ruling against him for crimes against humanity. Ex-minister of the BNP Abdul Alim received a life sentence from the ICT in October for two acts of genocide, including speeches inciting violence against Hindus.” (Minority Rights Group International (3 July 2014) State of the World's Minorities and Indigenous Peoples 2014 – Bangladesh)

An Amnesty International public statement on enforced disappearances in Bangladesh states:

“In some cases, the motives for the enforced disappearances appear to have been political, with the targets being members of the opposition parties. At least eight of the 20 people mentioned above have been prominent members of the BNP or Jamaat-e-Islami.” (Amnesty International (2 September 2014) Bangladesh: Stop enforced disappearances, torture and restrictions on freedom of expression)

A BBC News report states:

“Bangladesh's Supreme Court has commuted the death sentence given to Islamist leader Delwar Hossain Sayeedi to life imprisonment. The country's war crimes tribunal sentenced Sayeedi to death in February 2013 for crimes against humanity. He was found guilty of genocide, killing and rape during the 1971 independence war in Bangladesh. The conviction of Sayeedi, a Jamaat- e-Islami party leader, sparked protests last year leaving more than 100 dead.” (BBC News (17 September 2014) Bangladesh Islamist Delwar Sayeedi death sentence commuted)

See also BBC News report which states:

“The head of Bangladesh's largest Islamist party has been sentenced to death for war crimes committed during the independence war against Pakistan in 1971. Motiur Rahman Nizami, 71, faced 16 charges including genocide, murder, torture and rape.” (BBC News (29 October 2014) Bangladesh Islamist leader Motiur Rahman Nizami sentenced to death)

This report also states:

“Jamaat has long refused to apologise for its role during Bangladesh's war of independence in 1971, when the party collaborated closely with the Pakistan army fighting Bengali nationalists. With the party leader found guilty of genocide and murder, it increases pressure on Jamaat to come to terms with this especially dark chapter in its history. But Jamaat's decision to call three days of general strikes shows the party is still reluctant to acknowledge its alleged role in carrying out atrocities. Without making a break from its 1971 legacy, Jamaat is likely to remain the most controversial political party in Bangladesh.” (ibid)

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A report from the US military sponsored news website Khabar South Asia states:

“Suspected Jamaat-e-Islami activists rampaged through several parts of Dhaka, setting off crude bombs and torching a public bus after the International Crimes Tribunal on Wednesday (October 29th) sentenced party chief Motiur Rahman Nizami to death for committing war crimes during the 1971 Liberation War, local media reported. Police said Jamaat intended to strike fear in the public ahead of a planned three-day general strike, which the party vowed to enforce Thursday, Sunday and Monday, bdnews24.com reported.” (Khabar South Asia (31 October 2014) Jamaat activists violently protest Nizami death sentence)

A report from the English-language Bangladeshi newspaper New Age states:

“Law enforcers rounded up about 500 people in drives in different parts of the country on Wednesday, suspecting them to be activists of Jamaat-Shibir. Bogra correspondent said police picked up 141 people, including Jamaat- Shibir men, in drives in the district. Rangpur correspondent reported that the police arrested at least 90 people, including Jamaat-Shibir men, in eight upazilas of the district on Tuesday and Wednesday, according to the police control room. Chittagong University correspondent reported that law enforcers in Chittagong detained at least 17 suspected Jamaat-Shibir men at different parts of the port city soon after the ICT pronounced the verdict in Nizami's case. At least 20 people and seven police personnel were injured as Jamaat- Shibir men clashed with police in Chapainawabganj. Police arrested 86 people, including Jamaat-Shibir activists, in massive drives in five upazilas of the district in the early hours of Wednesday.” (New Age (30 October 2014) Bangladesh police detain 500 people ahead of Islamist party strike – report)

A report from the Bangladeshi English-language newspaper Daily Times states:

“A special tribunal in Bangladesh on Sunday sentenced to death a senior leader of Jamaat-e-Islami (JI), the second capital sentence in a week for the mass killings during the nation’s independence war in 1971. Mir Quashem Ali sat calmly in the dock as Judge Obaidul Hasan read the verdict in the packed courtroom in Dhaka, the capital. The 62-year-old Ali is a member of Jamaat’s highest policy making body and he is considered to be one of the top financiers of the party. Last week, the court sentenced to death the Jamaat leader, Motiur Rahman Nizami, for the 1971 war crimes. Another senior leader has already been hanged.” (Daily Times (2 November 2014) Another JI member sentenced to death in Bangladesh)

A recent Amnesty International alert refers to the imminent execution of leading Jamaat-e-Islami member as follows:

“A leading member of an opposition party in Bangladesh, Mohammad Kamaruzzaman, is at imminent risk of being executed, even though he has not exhausted all legal remedies available to him and has declared that he intends to appeal for a review of his case. The authorities have begun preparations for his execution, and have said it could take place soon. Mohammad Kamaruzzaman, Assistant Secretary General of the opposition Jamaat-e-Islami party, was sentenced to death in May 2013. He was

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convicted of involvement in killings that occurred during the 1971 Independence War. Mohammad Kamaruzzaman appealed against the ruling, but on 3 November 2014 the Supreme Court upheld his death sentence.” (Amnesty International (14 November 2014) Bangladesh: Execution of opposition leader 'within days')

See also Human Rights Watch report which states:

“Human Rights Watch is deeply concerned at news that the government has ordered the authorities at Dhaka Central jail to make preparations for the execution of Kamaruzzamn. Kamaruzzaman was transferred to Dhaka Central Jail following the appeals verdict, a signal that his execution is imminent. Kamaruzzaman and his counsel have yet to receive the full text of the final verdict, which is necessary for him to be able to lodge a petition for review of the decision within thirty days, a standard procedure in all death penalty cases. Government officials have indicated that the execution is possible before the full verdict is issued which goes against standard policy in death penalty cases.” (Human Rights Watch (9 November 2014) Bangladesh: Halt Execution of War Crimes Accused)

A report from the Bangladesh Government News agency (BSS) states:

“Chittagong district police arrested three activists of Jamaat-e-Islami and Chhatra Shibir from different areas of Sitakundu upazila early today. A team of Sitakundu thana police in a drive conducted at Barabkunda area of the upazila and arrested three activists of Jamaat-Shibir in connection with a cases of sabotage on before general election on January 5 last, said Sub Inspector Reazaul Karim of Sitakundu thana. They were involved in different acts of sabotage, he added. All the arrestees are wanted in several cases, police said.” (Bangladesh Government News (BSS) (16 November 2014) 3 Jamaat-Shibir activists held in Ctg)

A report from the English-language Bangladeshi newspaper the Daily Star states:

“Police yesterday filed two cases against 80 leaders and activists of Jamaat- e-Islami and its student wing Islami Chhatra Shibir for blasting cocktails and attacking police in the town on Saturday night. Sub-Inspector Nazrul Islam of Sadar Police Station filed the cases-- one under the Explosives and Substances Act and the other for obstructing the law enforcers from performing their duties-- against 20 named and 60 unnamed Jamaat-Shibir men.” (The Daily Star (17 November 2014) 80 Jamaat-Shibir men sued in Bogra)

An Agence France Presse report states:

“Bangladesh's largest Islamist party faces an existential crisis after a series of body blows, including the sentencing to death of its leaders and abandonment by its main secular ally, say analysts. While support for radical Islamists has surged in many Muslim majority countries of late, Jamaat-e-Islami has bucked the trend after failing to banish the taint of siding with Pakistan in Bangladesh's 1971 independence war. And with its spiritual leader having recently died in prison, top officials languishing on death row and a muted response to protest calls, observers say Jamaat itself could be on its last

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legs.” (Agence France Presse (7 November 2014) Bangladesh's besieged Islamist party fights for life)

This report also states:

“Around 500 people were killed in political violence last year, both in the aftermath of war crimes verdicts and the build-up to January's election which the BNP boycotted. But although Jamaat's mobilisations last year were a show of strength, the subsequent violence alienated the public. The first verdicts last year saw hundreds of thousands take to the streets. But there was a tepid response to calls for protests and a strike last week issued after Jamaat assistant secretary general Mohammad Kamaruzzaman's appeal against his death sentence was rejected.” (ibid)

This response was prepared after researching publicly accessible information currently available to the Research and Information Unit within time constraints. This response is not and does not purport to be conclusive as to the merit of any particular claim to refugee status or asylum. Please read in full all documents referred to.

References:

Agence France Presse (7 November 2014) Bangladesh's besieged Islamist party fights for life http://www.lexisnexis.com (Accessed 18 November 2014) This is a subscription database

Al Jazeera (12 December 2013) Bangladesh hangs opposition leader http://www.aljazeera.com/news/southasia/2013/12/bangladesh-politician-be- executed-20131212622649656.html (Accessed 18 November 2014)

Amnesty International (14 November 2014) Bangladesh: Execution of opposition leader 'within days' http://www.amnesty.org/en/library/asset/ASA13/007/2014/en/18149ae5-b289- 43cc-82cd-e0219c93da4d/asa130072014en.pdf (Accessed 18 November 2014)

Amnesty International (2 September 2014) Bangladesh: Stop enforced disappearances, torture and restrictions on freedom of expression http://www.amnesty.org/en/library/asset/ASA13/006/2014/en/eaa18316-ead1- 44fb-80fb-1cc52f83613e/asa130062014en.pdf (Accessed 18 November 2014)

Bangladesh Government News (BSS) (16 November 2014) 3 Jamaat-Shibir activists held in Ctg http://www.lexisnexis.com (Accessed 18 November 2014) This is a subscription database

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BBC News (29 October 2014) Bangladesh Islamist leader Motiur Rahman Nizami sentenced to death http://www.bbc.com/news/world-asia-29813571?print=true (Accessed 18 November 2014)

BBC News (17 September 2014) Bangladesh Islamist Delwar Sayeedi death sentence commuted http://www.bbc.com/news/world-asia-29233639?print=true (Accessed 18 November 2014)

The Daily Star (17 November 2014) 80 Jamaat-Shibir men sued in Bogra http://www.thedailystar.net/80-jamaat-shibir-men-sued-in-bogra-50683 (Accessed 18 November 2014)

Daily Times (2 November 2014) Another JI member sentenced to death in Bangladesh http://www.dailytimes.com.pk/national/02-Nov-2014/another-ji-member- sentenced-to-death-in-bangladesh (Accessed 18 November 2014)

Human Rights Watch (9 November 2014) Bangladesh: Halt Execution of War Crimes Accused http://www.hrw.org/news/2014/11/09/bangladesh-halt-execution-war-crimes- accused (Accessed 18 November 2014)

Khabar South Asia (31 October 2014) Jamaat activists violently protest Nizami death sentence http://khabarsouthasia.com/en_GB/articles/apwi/articles/newsbriefs/2014/10/3 1/newsbrief-02 (Accessed 18 November 2014)

Minority Rights Group International (3 July 2014) State of the World's Minorities and Indigenous Peoples 2014 – Bangladesh http://www.refworld.org/docid/53ba8e002c.html (Accessed 18 November 2014)

New Age (30 October 2014) Bangladesh police detain 500 people ahead of Islamist party strike – report http://www.bbcmonitoringonline.com (Accessed 18 November 2014) This is a subscription database

Odhikar (15 April 2014) Bangladesh Human Rights Report 2013 http://www.refworld.org/docid/5358cb964.html (Accessed 18 November 2014)

Sources Consulted:

Amnesty International

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BBC News Electronic Immigration Network European Country of Origin Information Network Human Rights Watch Google Lexis Nexis Refugee Documentation Centre Query Database UNHCR Refworld

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