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CRIME AGAINST HUMANITY - BANGLADESH SYNDROME
 
K.M. Subhan
 

The charter of the International Military Tribunal, Nuremberg, of 8 August 1945 and confirmed by resolution 3(1) of 13 February and 95(1) of 11 December 1946 of the General Assembly of the United Nations have defined crimes against humanity, whether committed in time of war or time of peace, eviction by armed attack or occupation and inhuman acts resulting from the policy of apartheid. As crime against humanity has become the practice with many of the new generation of dictators like Milosevic of Yugoslavia, functioning under the facade of their of democratic rule, the definition has been made much wider. According to the final text of the International Criminal Court (Rome Statute), the term 'crime against humanity' means inter alia any of the following acts when committed as a part of widespread or systematic attack directed against any civilian population with the knowledge; - rape, persecution against any identifiable group or collectively on political, ethnic, religious or other grounds, that are universally recognized as impermissible under international law, and other inhuman acts of a similar character intentionally causing great suffering, or serious injury to body or mental or physical health. Many other acts are included in the list of crime against humanity.

Under the constitutional provision of Bangladesh, October 1 2002, general election was held under the Caretaker Government headed by the last retired Chief Justice of the country. The Head of the Caretaker government within half an hour of assuming office in the evening started to implement the results of his homework, as he himself admitted. The manner and zeal with which he started exercising his functions, it left no doubt in the mind of the citizens that he assumed office to execute a well worked out plan. As it subsequently appeared, the plan was to carry out cleansing process of political and religious minority people. The events that followed both before and after the general election and as published in the national and international dailies, prove the point. This was a repeat performance of Bosnia scenario of the early nineties in Bangladesh. Political opponents including the elected representatives and those belonging to the religious minority community had to flee their homes in the face of forcible occupation of properties, exacting tolls, violence and physical and mental torture. Indiscriminate raping of women of both majority and minority communities particularly more of religious minority women by the goons of the ruling alliance created a panic all over. Age of the victims was no bar of the commission of the most gruesome crime. The victims were even of fifty years or more, on the one hand and on the other, seven or eight. Even the handicapped or pregnant women hiding in ponds or elsewhere were dragged out by the rapists for committing the crime in the gaze of their parents or husbands or brothers, some times in broad daylight.

The political persecution took the form of systematic attack on political opponents and religious minority particularly the Hindus. Acute physical torture like gang raping, maiming, dismemberment, killing in violation of the international and domestic laws featured all over the country. There was visible consistency in the nature of the crimes. Gang raping particularly of women belonging to the religious minority community became a normal practice of the criminals moving under the mask of political affiliation. Widespread systematic attack and the consistency in the nature of the commission of crimes led to one conclusion, that these were preplanned and intended to eliminate the opposition political party or force exodus of the religious minority. The speeches of the leaders of the alliance, that the Awami League will not be able to win any election in the next fifty years prove the intention of elimination. Some even went to extent to say that AL has met the same fate as Muslim League in '54 general election. It may be mentioned that Muslim league lost its political identity altogether, after that election. This is the backdrop of this National Convention.

The civil society with the support of the largest political party, Awami :League, has organized this National Convention to inform the people at home and abroad, how crime against humanity has been committed on the civilian population in preacetime. Their only fault was that either they cast or desired to case votes for the candidates of their choice, which is their constitutional and basic human right. This process has thwarted the establishment of the rule of law and democracy in the country. Never again such occurrence must happen, when the citizens will be forced to vote for candidates they do not want to vote or else suffer such severe consequences. 

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