South Asia Terrorism Portal

BANGLADESH

Slow Justice
S. Binodkumar Singh
Research Associate, Institute for Conflict Management
 

On October 22, 2020, the International Crimes Tribunal (ICT) issued a death warrant against Jatiya Party leader and former State Minister Syed Mohammad Qaiser over crimes against humanity he committed during the Liberation War in 1971. The death warrant was sent to the Dhaka Central Jail, Keraniganj, secretaries of the Home Ministry and Law Ministry, and District Magistrate. However, Qaiser was given 15 days to appeal the decision. Qaiser was sentenced to death on December 23, 2014, when the prosecution proved seven charges against him. On October 29, 2020, Qaiser filed a petition with the Appellate Division of the Supreme Court seeking review of its verdict that upheld his death sentence. In the review petition, Qaiser mentioned a total of 18 grounds for which the apex court may consider his prayer. His lawyer Tanvir Ahmed Al Amin argued that Qaiser was 82 years old and sick. He moves on a wheel chair. There is no precedent of sentencing such an old sick man to death in the world, he said. Qaiser is now in Keraniganj jail.

Thus far, the War Crimes (WC) Trials, which began on March 25, 2010, have indicted 125 leaders, including 50 from the Jamaat-e-Islami (JeI); 27 from the Muslim League (ML); 11 from Nezam-e-Islami (NeI); five from the Bangladesh Nationalist Party (BNP); two each from the Jatiya Party (JP) and Peoples Democratic Party (PDP); 27 former Razakars; and one former Al-Badr member. Significantly, out of 125 leaders indicted, verdicts have been delivered against 95 accused, including 69 who have been sentenced to death, and 26 to imprisonment for life. The latest verdict given by the ICT was on December 11, 2019, in which Abdus Sattar alias Tipu Sultan (66) was sentenced to death for crimes against humanity during the Liberation War of 1971. He was charged on August 8, 2018, with two counts of crimes against humanity. The tribunal sentenced Sattar to death for abducting Babar Mandal from Shaheb Bazar of Rajshshi city on September 26, 1971, taking him to Shaheed Samsuzzoha Hall torture camp at Rajshashi University, torturing him in confinement there, and shooting him to death at the killing ground in the eastern side of the hall at midnight on September 27, 1971. He was also sentenced to death for abducting 11 freedom fighters by attacking village Talaimari, Boalia, Rajshahi on November 2, 1971, taking them to the same torture camp of the Razakar force, torturing them in confinement there for two days and shooting nine of them to death at the same killing ground on November 4, 1971. In 1971, he was a cadre of Islami Chhatra Sangha, the then student wing of Jamaat-e-Islami (JeI), and joined the infamous Razakar force.

So far, six of the 69 people who were awarded the death sentence have been hanged. On September 3, 2016, JeI Central Executive member Mir Quasem Ali (63) was hanged at Kashimpur Central Jail in Gazipur District; on May 11, 2016, JeI Ameer (Chief) Motiur Rahman Nizami (75) was executed at Dhaka Central Jail; on November 22, 2015, JeI Secretary General Ali Ahsan Mohammad Mojaheed (67) and BNP Standing Committee member Salauddin Quader Chowdhury (66) were hanged simultaneously at Dhaka Central Jail; on April 11, 2015, JeI Senior Assistant Secretary General Mohammed Kamaruzzaman (63) was hanged at Dhaka Central Jail; and on December 12, 2013, JeI Assistant Secretary General Abdul Quader Mollah (65), who earned the nickname ‘Mirpurer Koshai (Butcher of Mirpur)’ was hanged at Dhaka Central Jail. 32 others are absconding and another 31 cases are currently pending with the Appellate Division of the Supreme Court. Meanwhile, out of 26 persons who were awarded life sentences, five persons have already died while serving their sentences – former JeI Ameer Ghulam Azam (91), who died on October 23, 2014; former BNP Minister Abdul Alim (83), who died on August 30, 2014; former JeI National Assembly member S.M. Yousuf Ali (83), who died on November 17, 2016; former JeI member Gazi Abdul Mannan (88), who died on December 19, 2016; and former ML member Mahidur Rahman (88), who died on May 21, 2018. 13 others were absconding and another eight were lodged in various jails of the country. Verdicts against 31 accused are yet to be delivered.

Recalling the support of the Government and people of India during the Bangladesh Liberation War against Pakistan in 1971, Liberation War Affairs Minister Mozammel Haque announced on August 6, 2020, that Bangladesh would construct a monument in the memory of the Indian soldiers martyred in the Liberation War. The Bangladesh Government has selected 3.5 acres of land at Ashuganj in Brahmanbaia District bordering Agartala. The site selected has historic significance as the Indian Army fought the Pakistanis in some decisive battles in 1971, along with Bangladesh freedom fighters, at Ashuganj. Nearly 2,000 Indian soldiers were killed in the 1971 war against the Pakistan Army, to liberate East Pakistan. According to the Bangladesh Government, as many as 1,984 Indian Army men were killed in the war. Earlier, on July 25, 2011, Bangladesh conferred its highest state award, Bangladesh Swadhinata Sammanona (Bangladesh Freedom Honour) to former Indian Prime Minister Indira Gandhi posthumously for her outstanding contribution to the country's 1971 Liberation War. Indira Gandhi made crucial contributions to the independence of Bangladesh, travelling across the world to mobilize support for the people of East Pakistan, which later became Bangladesh, amid a massive crackdown on civilians by the Pakistan Army, and supporting the Mukti Bahini (Liberation Army) and eventually injecting Indian Armed Forces to bring the Pakistani Forces to their knees.

Significantly, on August 9, 2020, at the 12th meeting of the Parliamentary Standing Committee on the Liberation War Affairs Ministry, a six-member Parliamentary Sub-Committee headed by Member of Parliament (MP) Shajahan Khan, was formed to prepare lists of those who collaborated with the Pakistani occupation forces during the 1971 Liberation War. The other members of the Sub-Committee are Liberation War Affairs Minister A.K.M. Mozammel Haque, Narsingdi MP Rajiuddin Ahmed, Chandpur MP Rafiqul Islam Bir Uttam, Brahmanbaria MP AB Tajul Islam and Chittagong MP Moslem Uddin Ahmed. The parliamentary team will work on enlisting and publishing the lists of anti-Liberation forces, including the Jamaat-e Islami, Razakars, Al-Badr, Al-Shams and the Peace Committee.

Further, on August 27, 2020, Minister for Liberation War Affairs Haque and State Minister for Information and Communication Technology (ICT) Zunaid Ahmed Palak, jointly inaugurated the digitization of 38 services of the Ministry of Liberation War Affairs as part of the rapid digitization activities under the Government’s “MyGov” platform at the conference hall of the Ministry of Liberation War Affairs. By launching the digitized services, the service recipients of the Ministry of Liberation War Affairs will be able to be included in the Gazette, receive the freedom fighters’ honorarium, revise information on freedom fighter certificates, and apply for any services related to payment, service progress, submission of required documents and other related activities through five access points. The access points of the services are MyGov Web, MyGov App, 333, Union Digital Center and the Liberation War Affairs Ministry website.

However, expressing frustration over the pending cases in the War Crimes' trials, Shahriar Kabir, President of Ekattorer Ghatak Dalal Nirmul Committee (Committee for Resisting Killers and Collaborators of the Bangladesh Liberation War) stated on October 24, 2020,

The achievements on the War Crimes Trials in Bangladesh are already remarkable. Sheikh Hasina's Awami League-led Government has shown enormous courage in pressing ahead with the War Crimes Trail reaffirming the Government's determination to honour its 2008 General Election pledge to bring the War Criminals of the 1971 genocide to justice. The Awami League is in its third straight term in power and its landslide victory in 2008 was precipitated by an election campaign where the war crimes trial was one of the top priorities. However, as a number of cases remain pending with the Appellate Division of the Supreme Court, the eventual conclusion of the trials and appeals is far from over.

INDIA

Chhattisgarh: Sukma: Receding Heartland
Deepak Kumar Nayak
Research Associate, Institute for Conflict Management

On October 29, 2020, a woman Communist Party of India-Maoist (CPI-Maoist) cadre was killed in an encounter with the Security Forces (SFs) in a forest between Duled and Minpa villages under the Chintalnar Police Station limits in Sukma District. During subsequent search operation, SFs recovered the body of the woman Maoist, along with a .303 rifle, a huge cache of explosive materials and other items. The identity of the slain woman is yet to be ascertained.

On August 12, 2020, four CPI-Maoist cadres were killed in an exchange fire with SFs near the Pulamphar forest under Jagargunda Police Station limits in Sukma District. SFs later found four bodies along with a .303 rifle, and a cache of country-made weapons, and explosive material from the encounter site. The identities of the slain Maoists are yet to be ascertained.

On May 23, 2020, two CPI-Maoist cadres were killed in an exchange of fire with SFs in a forested area of Mankapal village under Gadiras Police Station limits in Sukma District. The slain Maoists were identified as, Gundadhur, a Local Guerrilla Squad ‘commander’ of the CPI-Maoist ‘Malangir area committee’, who carried a cash reward of INR 500,000 on his head; and Aaytu, who was a security guard of a senior Maoist cadre – Vinod (a ‘divisional committee member’).

According to partial data collated by the South Asia Terrorism Portal (SATP), at least 35 Maoists have been killed in Sukma District since the beginning of 2020 (data till November 8). During the corresponding period in 2019, 16 Maoists had been killed in the District. There were 24 Maoist fatalities in the whole of 2019.

Since its creation on January 16, 2012, the Sukma District has recorded a total of 195 Maoist fatalities (data till November 8, 2020).

Combing operations and raids have also resulted in the arrest of 17 Maoists in the District in the current year (data till November 8, 2020), in addition to 24 in 2019 (21 in the corresponding period of 2019). Mounting SF pressure has led to the surrender of 19 Maoists, in addition to 122 in 2019 (111 in the corresponding period of 2019).   

On the other hand, at least 19 SF personnel have lost their lives in the current year so far (data till November 8, 2020), as against none in 2019. Thus, though the SF:Maoist kill ratio favours the SFs with 1:1.84 in the current year, 2020, it has worsened considerably when we compare it with the previous years. The ratio was 1:3.11 in 2018.

The ratio, however, was in favour of the Maoists in 2017, at 3.5:1 The SF:Maoist kill ratio was in favour of the Maoists on three earlier occasions as well – 3:1 in 2012, 3.23:1 in 2014, and 1.18:1 in 2015. Conversely, the SF:Maoist kill ratio remained in favor of the SFs on five occasions, 1:1.22 in 2013, 1:2.81 in 2016, 1:3.11 in 2018, and 1:1.84 in 2020. In 2019 the SFs did not lose a single trooper while killing 24 Maoists. Since 2012, the overall SF:Maoist kill ratio has been in favour of the SFs at 1:1.21.

In the worst incident of 2020, CPI-Maoist cadres ambushed a group of SFs on March 21, killing 18 of them and injuring 15, in the dense forests of Elmaguda close to Kasalpad and Minpa villages in the Chintagufa area of Sukma District. SFs killed 23 Maoists in retaliatory actions.

Meanwhile, five civilians have been killed in the current year, till November 8. During the corresponding period of 2019, eight civilians were killed. One more civilian was killed during the remaining period of 2019. Civilian fatalities have documented a cyclical trend. A high of 33 fatalities in this category was recorded in 2013, while a low of three fatalities was registered in 2014 in the District.

Sukma was carved out of Dantewada as a separate District on January 16, 2012, and is spread over a geographical area of 5635.79 square kilometres, of which around 3,500 square kilometres (more than 75 per cent of its total area) is under forest cover. The forest cover, terrain and geography of the District provide the Maoists distinct tactical advantages, allowing them to establish disruptive dominance over much of the area. In addition, the District abuts the Maoist-afflicted Bastar, Bijapur and Dantewada Districts of the State to the north and west; the highly affected Malkangiri District of Odisha to the east; and the Khammam District of Telangana to the South.

Moreover, Sukma is one of the most underdeveloped areas of the State and is listed among the ‘Aspirational Districts’ included in the 'Aspirational Districts Programme'. The programme focuses on five main themes – Health & Nutrition, Education, Agriculture & Water Resources, Financial Inclusion & Skill Development, and Basic Infrastructure – which have direct bearing on the quality of life and economic productivity of citizens.

Not surprisingly, Sukma is among the 90 Districts in 11 States that are considered Left Wing Extremism (LWE)-affected, according to a Government release of February 5, 2019. Further, it is among the ‘30 worst Maoist-affected’ Districts, across seven States in the country, according to the Union Ministry of Home Affairs (UMHA). 

Meanwhile, an April 16, 2020, report, revealed that the Maoists were using the nationwide lockdown amid the COVID-19 outbreak to regain strength, as a large group of the rebels entered the South Bastar region of Chhattisgarh from Andhra Pradesh, Telangana, Maharashtra, Jharkhand, Odisha, West Bengal, and even Nepal. The report citing intelligence inputs noted,

A disturbing development came to light with the arrest of two Police personnel, identified as Assistant Sub-Inspector Anand Jatav and Head Constable Subhash Singh, for their alleged involvement in supplying arms and ammunition to CPI-Maoist cadres in Sukma District. Inspector General of Police (IGP), Sundarraj Patilingam, disclosed, on June 8, 2020,

Significantly, four persons identified as, Harishankar Gedam of Balod District and Manoj Sharma of Dhamtari District and Ganesh Kunjam and Aatmaram Nareti were arrested from Sukma and Kanker Districts on June 2 and June 6, respectively. During investigations and interrogation, they opened up about the other links of the urban network of Maoist, which led to the arrest of the Police personnel. The Police recovered 695 bullets of .303, AK-47, Self-Loading Rifle, and INSAS (Indian Small Arms System) assault rifles from their possession.

Further, a June 25, 2020, report suggested that the Maoists retained large influence in the District. Around 10,000 people attended a meeting in a three-day program (June 18-20) organised by the CPI-Maoist in the villages at the border of Sukma and Bijapur Districts. About 300 armed Maoists and more than 500 'jan militias' (people's army of the Maoists) were deployed to protect the area where the meeting was held. Top Maoist leaders including the new 'general secretary' of CPI-Maoist Nambala Keshav Rao aka Basavaraju and the 'head' of battalion number 1, Mandavi Hidma attended the meeting. An unnamed Police officer stated,

More recently, on September 11, 2020, the Maoists expelled 13 villagers, including members of two families, from Palamdagu village in Sukma District, and directed them to migrate to another village – Polampally under Polampally Police Station limits in the District, after accusing them of being ‘Police informers.’ The Maoists held a ‘jan adalat’ (‘people’s court’) a kangaroo court where allegations of spying were imposed on the family members. A decree was passed to expel all of them from the village.

Despite efforts, the Maoists continue to fail to regain their old strength as battle ground losses (as the data suggests) erode capacities, and a financial crisis cripples the outfit. 

A September 13, 2020, report revealed that the COVID-19 pandemic had disrupted the CPI-Maoist supply chain, aggravating the funds crisis of the organisation in the Bastar Division. According to a Maoist documents recovered during the recent joint operation launched by the Security Forces in Sukma District [date unspecified], the rebels were facing an acute shortage of provisions as the supply network was choked owing to the 24x7 lockdowns and check posts forces placed by SFs along the interstate and inter-District borders. IGP, Sundarraj Patilingam, noted,

The Maoists are struggling to restore their influence in their erstwhile strongholds, even as they face severe reverses across the country, including in Chhattisgarh. The geographical proximity of Sukma, which is part of the ‘Bastar Division’ and shares borders with other LWE-affected States (Odisha and Telangana), fives it great strategic importance for the Maoist, as they cling to the region in the hope of a possible comeback.

In this situation, it becomes more pertinent on the part of the State Government to boost security establishments to endure operational strengths to dissuade the rebels from gaining hold in the area/region.