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জেলহত্যা ও সপরিবারে বঙ্গবন্ধু হত্যাকাণ্ডের বিচারবিভাগীয় তদন্ত Amnesty International-এর Report-এর Extract এখানে দেওয়া হলাে :

President’s Secretariat

(President’s Division)

Order

Dhaka, 5 November 1975 Wednesday. No. 768-Law. A-three member judicial Inquiry Commission is hereby Constituted to hold immediate judicial enquiry into the circumstances under which four prominent persons were brutally murdered in Dhaka Central Jail recently. The Commission will be headed by Mr. Justice Ahsanuddin Chowdhury, Judge of the Supreme Court (Appellate Division) with Mr. Justice K.M. Subhan and Mr. Justice Syed Mohammad Hossain of the Supreme Court (High Court Division) of Bangladesh as members.

The Enquiry Commission will also investigate under which circumstances some of the criminals were given safe passage to leave the country.

Khandaker Moshtaque Ahmed Extract from Reports of Amnesty International on their Mission to Bangladesh (4-12 April 1977)

During the Amnesty International visit, the delegates learned unofficially that the Commission of Enquiry, which had originally been set up to inquire into an ancident took place on the night of 3 November 1975, in which four of Sheikh Mujibur Rahman’s closest associates were killed inside Dhaka Central Jail, had not been allowed to convene. According to Press reports, the Commission had been set up to investigate the jail ancident and to inquire into the circumstances under which some of the criminals were given safe passage out of the country.1

It would be an important assurance to all those concerned with the safety of political prisoners in Bangladesh jails if the Commission were to investigate the incident and make public recommendations to prevent such incidents from happening again.

Commission of jurists to enquire into murders of Sheikh Mujib and his family on 15 August and members of his family on 15 August 1975 and of four political leaders killed in jail on 3 November 1975.

In response to an appeal made by the families of Sheikh Mujib and of the other victims, widely supported by persons deeply concerned, as expressed in public meetings held in different parts of Britain, Europe and in Bangladesh, a Committee has been formed under the Chairmanship of Sir Thomas Williams, QC MP and consisting of Mr. Sean MacBride, S.C., former President of Amnesty International and former Secretary-General of the International Commission of Jurists and winner of Nobel Peace Prize Mr. Jeffrey Thomas, QC MP with Mr. Aubrey Rose as Secretary to inquire into the circumstance which have impeded the normal processes of law and justice from having taken their course in these cases.

The Committee met in London on 18 September 1980 and agreed that it would take steps to inquire into this matter and to make its appraisal of the… issues involved in order to determine action that may be initiated to bring those responsible for the commission of these grave crimes to justice. Members of the Committee expect to visit Bangladesh shortly in this connection.

19 September 1980 Thomas Williams Preliminary Report of the Commission of Enquiry into circumstances impending processes of Law and Justice in relation to the prosecution of persons responsible for the murder of the founding father of Bangladesh, Bangabandhu Sheikh Mujibur Rahman and his family on 15 August 1975 and of four national leaders on 3 November 1975.

The Commission of Enquiry was formally constituted on 18 September 1980 in response to an appeal made by Sheikh Hasina and Sheikh Rehana, surviving daughters of late Bangabandhu Sheikh Mujibur Rahman and by Mr. M. Selim and Sayed Ashraful-Islam, sons of murdered Prime Minister and Vice President. This appeal had been widely supported in public meetings held in

Bangladesh as well as abroad. The first meeting of the Commission was held in one of the Committee Rooms of the House of Commons on 18 September 1980 under the Chairmanship of Sir Thomas Williams, Q.C., M. P. It was attended by Mr. Sean MacBride, S.C., Mr. Jeffrey Thomas, Q.C., M.P. and Mr. Aubrey Rose, Solicitor. After the meeting, a statement announcing the setting up of the Commission and its terms of reference was issued at a press conference held on the same day.

Members of the Commission had at their disposal a large number of papers relating to affairs in Bangladesh, public statements and documents, the report of Amnesty International following their mission to Bangladesh in 1977 and other documents to enable them to ascertain the facts.

The Commission proceeded to examine the dossier of papers containing available evidence relation to (a) the murder of Bangabandhu Sheikh Mujibur Rahman and his family on 15 August, and four national leaders in the Dhaka Central Jail on 3 November 1975 (b) the persons who have publicly acknowledge responsibility of murders and the steps taken by the Government of Bangladesh in relation to these matters.

From the perusal of the papers, the following acts emerge:

That Bangabandhu Sheikh Mujibur Rahman and the following members of his family were assassinated in his residence to Road No. 32, Dhanmandi R.A., Dhaka in the early hours of the morning of 15 August 1975.

  1. Begum Fazilatunnessa, wife of Sheikh Mujibur Rahman 
  2. Sheikh Kamal, eldest son of Sheikh Mujibur Rahman 
  3. Sheikh Jamal, 2nd son of Sheikh Mujibur Rahman 
  4. Sheikh Russel, Youngest son of Sheikh Mujibur Rahman (age 9 years) 
  5. Mrs. Sultana Ahmed Khuku, wife of Sheikh Kamal 
  6. Mrs. Pervin Jamal Rosey, wife of Sheikh Jamal, and 
  7. Sheikh Naser, brother of Bangabandhu Sheikh Mujibur Rahman

That on 15 August 1975, at the same time, the following persons were also murdered: 

  1. Mr. Abdur Rob Serniabat, brother-in-law of Sheikh Mujibur Rahman and Minister for Power, Irrigation and water Resources. 2. Miss Baby (age 13 years) daughter of Mr. Serniabat.
  2. Arif, Son.
  3. Babu, grandson (age 4 years)
  4. A visiting nephew
  5. Three guests
  6. Four servants
  7. Sheikh Fazlul Huq Moni, a nephew of Bangabandhu
  8. Mrs. Fazlul Huq Moni, niece of Sheikh Mujibur Rahmand and pregnant at the time.

On 3 November 1975, the following national leaders were murdered in the Dhaka Central Jail.

  1. Syed Nazrul Islam, Vice-President 2. Tajuddin Ahmed, Prime Minister of the War Cabinet 3. Md. Monsur Ali, Prime Minister 4. AHM Kamaruzzaman, Minister of Industries and former

Party-President. That the above murders were carried out by small number of army personnel, led by certain retired and serving military officers.

That the identity of the officers involved can be derived from the list of army personnel who negotiated their departure from Bangladesh to Bangkok on 3 November 1975. Their departure followed a coup directed against the army personnel who were involved in the murder of Bangabandhu Sheikh Mujibur Rahman.

Among the persons who left for Bangkok from Bangladesh were :

  1. Lt. Colonel Faruque 
  2. Lt. Col. Rashid 
  3. Major Shariful Huq Dalim

That in a conference held in Bangkok, Lt. Col. Faruque acknowledged the responsibility for the murder of Bangabandhu Sheikh Mujibur Rahman and his family as well as for the killings in the Dhaka Central jail of Syed Nazrul Islam, Tajuddin Ahmed, Md. Monsur Ali and A.H.M Kamaruzzaman. Such responsibility was once again claimed in a press interview published in the London Sunday Times of 30 May 1976 and in a TV interview in London on 2 August 1976.

The Report confirms the killing of 22 people including Sheikh Mujibur Rahman and members of his family on 15 August 1975. Among those killed were a girl aged 4 and a grandson of Sheikh Mujibur Rahman aged 3 and various guests, servants and

relatives. In addition, on 3 November 1975 four national leaders were killed whilst in Dhaka Central jail.

The Report refers to a Government ordinance purportedly indemnifying those involved in the murders restricting taking of proceedings against them. Also noted was the setting up by the Government of a judicial Enquiry Commission into the murders in Dhaka Central jail, the registration of a police case in connection with such murders and failure the Government of publish any report by the Commission or action by the police.

The Bangladesh Gazette, noted, that overseas diplomatic appointments were given to persons involved in the murders.

That a police case had been registered in Lalbagh Police Station, Dhaka on 5 November 1975, regarding the killings in the Dhaka Central jail on 3 November 1975, It appears that after some investigation the matter was referred to the C.I.D. That despite the passage of more than six years, no-legal proceedings have been instanced against the persons concerned.

That in April, 1977 an Amnesty international Mission, led by Mr. Sean Macbrride, one of the members of this Commission, Visited Bangladesh, and in his meeting with the authorities, including the then President, discussed about the jail killing, and told that the law would be allowed to take its own course.

That thereafter, it appeared that the following officers involved in the murder, who had left Bangladesh for Bangkok on or around 3 September 1975. were given diplomatic assignments. The given diplomatic assignees were :

  1. Lt. Colonel Shariful Huq (formerly Major Dalim) 
  2. Lt. Colonel Aziz Pasha 
  3. Major Mohiuddin 
  4. Major Shahriar 
  5. Mojor Rashid Choudhury 
  6. Major Noor 
  7. Major Shariful Hussain 
  8. Captain Kishmat Hussain 
  9. Lt. Khairuzzaman 
  10. Lt. Abdul Majid

That appeared that the said persons had been confirmed in their posts as published in the Bangladesh Gazette.

That the Commission, having and to the above facts and circumstances; decided that one of the members of the Commission should proceed to Dhakal to inquire on the spot as to what-was impeding the processes of law and justice, from taking t heir course in relation to the murders referred to above.

That it was decided that Mr. Jeffrey Thomas. Q.C.M.P should visit Dhaka on 13 January 1981, for such an on-the spot investigation accompanied by an aide. An application was made by the Secretary of the Commission, Mr. Aubrey Rose, Solicitor, for visas to enable Mr. Jeffrey Thomas and his aid to visit Bangladesh.

That the Bangladesh High Commission kept the matter pending indicating that the visas would be issued in due time to enable members to visit Bangladesh.

That on the morning of 13 January 1981, when an urgent request was made to enable the members to take the British Airways flight in the same evening, the Bangladesh High Commission in London indicated that passports and visas would be returned on that afternoon. When these were called for, it was said that the Consular Section was closed.

That subsequently, the Bangladesh High Commission confirmed that they could not issue a visa for Mr. Jeffrey Thomas to travel to Dhaka. The Secretary to the Commission confirms that despite letters, telephone calls, and personal visits to the Bangladesh High Commission in London, no letter of refusal to grant a visa or of explanation, or of any kind, has been received by the Secretary from the High Commission

From the facts narrated above, the preliminary conclusions reached by us are :

  1. The processes of law and justice have not been permitted to take their course. It would a ear that the government has duly been responsible for impending their process, These impediments should be removed and law and justice should be allowed to take their course.

London

Dated 20 March, 1982.

হত্যার বিচার বন্ধ করার জন্য জঘন্য ইনডেমনিটি অধ্যাদেশ জারি করা হলাে। যদিও বাংলার জনগণ হত্যার বিচার করার জন্য গণরায় দিয়েছে। বিচার-কাজও সমাপ্ত হয়েছে। খুনিরা শাস্তি পেয়েছে। তবে কেউ কেউ এখনও রয়েছে পলাতক।

Reference: এ এইচ এম কামারুজ্জামান – সালিম সাবরিন, pp. 193-198

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