Abdul Quader Molla

Abdul Quader Molla
আব্দুল কাদের মোল্লা
Born (1948-08-14)14 August 1948
Amirabad, Faridpur, East Pakistan
Died 12 December 2013(2013-12-12) (aged 65)
Dhaka (Dhaka Central Jail), Bangladesh
Cause of death Execution by hanging due to war crime conviction
Resting place Faridpur Sadar, Bangladesh
Alma mater Dhaka University
Organization Jamaat e Islami
Known for Islamic Leader, Politics
Religion Islam
Criminal charge Charges of rape and mass murder during the Bangladesh Liberation War. Charged with killing 344 civilians.[1][2]
Criminal penalty Execution by hanging[3]
Spouse(s) Sanoara Jahan

Abdul Quader Molla (Bengali: আব্দুল কাদের মোল্লা; 14 August 1948 – 12 December 2013)[3] was a Bangladeshi Islamist leader, war criminal[4] and politician of the Bangladesh Jamaat-e-Islami, who was tried and sentenced to death by the International Crimes Tribunal, Bangladesh set up by the government of Bangladesh and hanged. There were objections from the UN, the governments of several countries, and international Human rights organizations [5][6][7] on one hand and widespread support from the general people of Bangladesh for the execution on the other hand.[8][9][10][11]

He was convicted on five of six counts of crimes against humanity and war crimes at his trial at the Bangladeshi International Crimes Tribunal (ICT), on 5 February 2013. A member of the Al-Badar militia during the liberation war, Molla was convicted of killing 344 civilians and other crimes.[6][12] He was sentenced to life in prison.[13] As a direct result of the sentence the 2013 Shahbag protests began with the protesters demanding capital punishment for all those on trial.[14] The protest spread from Dhaka to other parts of the country. Protesters called for those convicted of war crimes to be sentenced to capital punishment, and also to ban Jamaat-e-Islami.[15] Jamaat-e-Islami started a violent counter-protest in the country, demanding the release of its convicted and accused leaders. On 17 September 2013, after an amendment to the ICT law which allowed the government, complainant, or informant to appeal an order of acquittal or order of sentencing,[16] the Bangladesh Supreme Court found Molla guilty of murders and other war crimes, and converted his life sentence to a death sentence.[17][18] He was scheduled to be executed by hanging on 11 December.[19] Due to more legal challenges, the execution was suspended[20] and then upheld; he was executed on 12 December.[21] He was the first person to have been executed for crimes committed during the Bangladesh Liberation War.

Quader Molla had unsuccessfully stood for parliament in 1986 and 1996, contesting the seat Faridpur-4 for Jamaat-e-Islami.[22]

Early life

Abdul Quader Molla was born in the village of Amirabad, Faridpur, in 1948. He attended school at Amirabad Fazlul Huq Institute. He passed the H.S.C examination in 1966 and did B.Sc in 1968 from Rajendra College.[23] While studying, he was elected president of the Shahidullah Hall unit of the Islami Chatra Sangha.[6][22] Quader Molla worked as a senior teacher at Rifles Public School and College (now Bir Shreshtha Noor Mohammad Public College). He later became the acting principal of the institute for a short period during the regime of Ziaur Rahman. He was elected as the Vice President of Dhaka Journalists’ Union for two consecutive terms in 1982 and 1983.[24][25] Molla was married to Sanwar Jahan.[26]

Political career

In 1971 leaders of Jamaat opposed the independence movement in East Pakistan, as they believed it went against Islam to break up the Muslim state. As a member of Islami Chatra Sangha, Quader Molla joined its paramilitary force, Al-Badar, during the Liberation war of Bangladesh.[6][27] He was known as Butcher of Mirpur during the war.[28] Bangladesh achieved independence that year and eventually Jamaat was banned from political participation under the new government.

After assassination of the president Sheikh Mujibur Rahman in 1975 and a military coup, the new government permitted Jamaat to participate in politics again. Quader Molla became active in the party. By 2010 he was assistant secretary general of the party. He was elected to the Bangladesh National Press Club, in recognition of his status.[29]

As the verdict of a ruling asked by Bangladesh Supreme Court, the registration of the Jamaat-e-Islami was cancelled on 1 August 2013,[23][30]

War crimes trial

In the 21st century, the government of Bangladesh established an International Crimes Tribunal to prosecute war crimes that were committed in 1971 during the liberation war. A formal charge was filed by the Prosecution against Abdul Quader Molla on 18 December 2011 in the form of a petition, as required under Section 9(1) of the 1973 Act.[31]

He was charged with abetting the Pakistani army and actively participating in the 1971 Bangladesh atrocities: rape (including the rape of minors) and mass murder of Bangladeshis in the Mirpur area of Dhaka during the Bangladesh Liberation War. A member of the Rajakar militia during the war, Molla was charged with killing 344 civilians.[6][12][32]

Charges

Charges filed against Quader Mollah by ICT are:[33]

Verdict

On 5 February 2013, Molla was convicted of five of the six charges, and acquitted on one charge as it was determined it had not been proved by the prosecution. He was sentenced to life in prison and an additional 15 years for three of the charges in addition to the time he had been imprisoned since his arrest. The one remaining charge was dismissed after it was determined the prosecution had not proved it.[34]

When the court gave him a life sentence instead of the death penalty, which many expected, a smiling Molla celebrated the verdict by holding up two fingers in a "V" sign as he left the court.[35]

Reaction after verdict

Many activists reacted by protesting and demonstrating, demanding the death penalty and an end to extremism in politics. A major protest started at the Shahbag intersection in central Dhaka.[36][37] Bloggers and online activists called for further mass demonstration at Shahbag intersection.[15][38] Thousands of people joined the protest and the demonstration culminated in the 2013 Shahbag protests.[39]

Since the start of protests, hundreds of thousands of people had been holding day-and-night vigils at Shahbag, refusing to leave until all those convicted of war crimes were sentenced to death.[40] A counter protest against the trials and general strike was launched by Jamaat-e-Islami, as most of the accused have been Jamaat leaders.

The Bangladesh Nationalist Party (BNP) had initially expressed support for Jamaat-e-Islami, a principal ally in their Four-Party Alliance in the 2000s.[41] The BNP has commented on the Shahbag Protest, warning that the government should not be allowed to draw political mileage from the movement that demanded capital punishment for convicted war criminals.[42]

Responding to the demand of the Shahbag activists, on 13 February 2013, the National Press Club of Bangladesh stripped Quader Molla of his membership.[29] On 17 February 2013, the Bangladeshi Parliament passed a bill amending the International Crimes (Tribunal) Act of 1973 which allowed the government, complainant, or informant to appeal an order of acquittal or order of sentencing.[16][43]

Jamaat members have also led protests against the trials, saying that the government is trying to suppress the opposition. It called for a general strike in Dhaka, shutting down activity in the city.

Controversies

In December 2012, conversations and emails between the chief judge of the ICT, Nizamul Huq, and a Brussels-based lawyer were published in The Economist, which revealed that the Bangladesh Government had pressured the International Crimes Tribunal for a quick verdict.[44] Following the revelations, the chief Justice Nizamul Huq later resigned from the post.[44] The European Union, the UK, Turkey and Australia expressed their concern as they believe the death penalty violates human rights.[45][46] Two UN Human Rights Commission experts called on to halt the execution because of concerns that Abdul Quader Molla did not receive a fair trial.[5]"The right of appeal is of particular importance in death penalty cases," said the Special Rapporteur (UN) on the independence of judges and lawyers, Gabriela Knaul.[47] Christof Heyns, Special Rapporteur (UN) on summary executions, said capital punishment "may be imposed only following a trial that complied with fair trial and due process safeguards. Only full respect for stringent due process guarantees distinguishes capital punishment as possibly permitted under international law from a summary execution, which by definition violates human rights standards."[48] The International Commission of Jurists (ICJ) says the retrospective application of the amendment in Abdul Quader Molla’s case is incompatible with Bangladesh’s obligations under the International Covenant on Civil and Political Rights (ICCPR), including Article 15, which prohibits the imposition of a heavier penalty than provided for at the time the criminal offence was committed.[49] Baroness Warsi stated, "We further note that Abdul Quader Mollah was sentenced to death following an appeal permitted under retrospectively applied legislation, and that he was not permitted to review his sentence before the Supreme Court".[50] Human Rights Watch said that the death sentence of Abdul Quader Molla violates fair trial standards, stating "Changing the law and applying it retroactively after a trial offends basic notions of a fair trial under international law."[51]

Death sentence and execution

After the government had amended the war crimes law to allow a sentence to be appealed based on leniency of punishment, prosecutors appealed to the Supreme Court of Bangladesh and asked for it to upgrade Molla's sentence from life in prison to death.[52] On 17 September 2013, the Supreme Court accepted the appeal and sentenced Molla to death.[17] He was not given a right to appeal, as the war crimes law under which he was prosecuted did not have a provision granting that right.[52] Molla was one of five leaders of the largest Islamic Party, Jamaat-e-Islami condemned to death by Bangladesh's International Crimes Tribunal.[53] He was scheduled to be executed by hanging on 11 December 2013 at 0:01.[19] On 8 December, the International Crimes Tribunal issued an execution warrant for Molla, and delivered it to the relevant authorities. Prisons chief Main Uddin Khandaker then said that all preparations had been made and that Quader Molla's family had been asked to meet him prior to the execution. Molla refused to ask for a presidential pardon though the authorities approached him thrice on the matter.[54][55]

Molla's lawyers asked the Supreme Court to halt the execution and allow him to appeal, as Bangladesh's constitution grants all death row prisoners the right of appeal. Supreme Court chamber judge Syed Mahmoud Hossain accepted these arguments issued a stay of execution order to give Molla time to appeal on 11 December 2013, just 90 minutes before he was scheduled to be executed.[52][56] Following two hours of hearings, Chief Justice Muzammel Hossain adjourned the hearing till the next day. Amongst the defence's arguments was that the state was proceeding with preparations for the execution without completing all necessary legal procedures.[57]

The appellate division of Bangladesh Supreme Court, which raised Quader Molla's life sentence to a death penalty, rejected his petition to review the ruling.[58] Attorney General Mahbubey Alam said that the government would decide on a new execution date as "there are no more barriers to execute Quader Mollah. There is no chance of any confusion." His lawyer, Khandaker Mahbub Hossain, added that "my client has been deprived of fair justice, but since the highest court has made the decision, we have nothing more to say."[59]

Quader Molla was hanged in Dhaka Central Jail on 12 December 2013 at 22:01.[60][61] The Bangladesh Jamaat-E-Islami called it a "political killing."[62] He was later buried in his village of Faridpur.[63]

Domestic reaction

Shahbag protesters, who started rallying from 5 February 2013 for the capital punishment of Quader Molla expressed their delight after the execution of Quader Molla.[11][64] After the schedule and the execution of Quader Molla, Bangladesh Jamaat-e-Islami started violent protest and called for general strike on 11, 12 and 15December 2013. Almost 25 persons died and many other injured in different parts of the country during their protests.[59][65] During the protests JEI activists torched homes and businesses of government supporters and firebombed train stations and blocked roads. The party called the execution "political murder" and warned of exacting revenge for "every drop" of his blood. Two activists from the ruling Awami League were hacked to death in Kalaroa; one other person died in clashes between police and JEI supporters in Noakhali, while a driver was reportedly killed after JEI protesters chased him down.[62] As a result of the violent reaction, and in combination with violence in the lead up to the Bangladeshi general election, 2014, Prime Minister Sheikh Hasina vowed to crack down on the violence.[66] The rioting, and the preceding opposition blockade, has caused economic losses, while there is fear of intensification prior to the election.[67]

International reaction

The international media did not cover the execution except with brief agency reports. Very few governments reacted to the hanging. China, the world's most active user of the death penalty, did not issue any official statements at any level. India, Bangladesh's biggest neighbour and No. 1 trading partner, did not issue any official reaction although the Indian media actively covered the execution and the buildup to the same. Small protests against his execution were held by some "sympathetic sections of the Muslim community in London", openly allied to conservative elements in Pakistan. Some protests took place with state support in the Islamic Republic of Pakistan.[68]

Official reactions

Reaction from overseas Muslim groups

References

  1. ↑ "Summary of verdict in Quader Mollah case". The Daily Star. 6 February 2013. Retrieved 11 December 2013.
  2. ↑ Tahmima Anam (13 February 2013). "Shahbag protesters versus the Butcher of Mirpur". The Guardian. Retrieved 11 December 2013.
  3. 1 2 Quader Molla hangs finally for war crimes bdnews24. 12 December 2012.
  4. ↑ "Bangladesh Islamist Abdul Kader Mullah hanged for war crimes". BBC News. 12 December 2013. Retrieved 19 December 2013.
  5. 1 2 "Bangladesh hangs Islamist leader despite U.N. objections". CNN. 12 December 2013. Retrieved 13 December 2013.
  6. 1 2 3 4 5 "Summary of verdict in Quader Mollah case". The Daily Star. 6 February 2013. Retrieved 6 February 2013.
  7. ↑ "Bangladesh jails Islamic party leader for life". The Guardian. 5 February 2013. Retrieved 6 February 2013.
  8. ↑ Jason Burke. "Bangladesh braces for violent protests after hanging of opposition leader". the Guardian.
  9. ↑ "daily sun". daily-sun.com.
  10. ↑ "People celebrate the victory of Mollah’s review petition". Demotix.
  11. 1 2 "Butcher of Mirpur hanged". The Daily Star.
  12. 1 2 "Bangladesh Islamist sentenced to life in prison for war crimes". 5 February 2013. Retrieved 6 February 2013.
  13. ↑ "Huge Bangladesh rally seeks death penalty for War Crimes". BBC. 8 February 2013. Retrieved 9 February 2013.
  14. ↑ Al-Mahmood, Syed Zain (23 February 2013). "Bangladesh split as violence escalates over war crimes protests". The Observer.
  15. 1 2 "Bangladesh's rising voices". Al Jazeera. 19 February 2013. Retrieved 21 February 2013.
  16. 1 2 "Amendment of International Crimes Tribunal Act of 1973". The Bangladesh Trial Observer. 7 March 2013. Retrieved 12 December 2013.
  17. 1 2 "Case history". Supreme Court. Retrieved 12 December 2013.
  18. ↑ "Mirpur butcher Molla must die, says SC". bdnews24. 17 September 2013. Retrieved 12 December 2013.
  19. 1 2 Star Online Report. "Mollah execution stayed; Late evening move earns stay till 10:30am tomorrow". The Daily Star. Retrieved 11 December 2013.
  20. ↑ "Molla's fate hangs in the balance". bdnews24. 17 September 2013. Retrieved 11 December 2013.
  21. ↑ "কাদের মোল্লার ফাঁসি কার্যকর". Prothom-alo. 13 December 2013.
  22. 1 2 "কাদের মোল্লার যাবজ্জীবন : দ্বিতীয় রায় (Kader Molla life sentence: the second verdict)". Amar Desh. 6 February 2013. Retrieved 20 April 2013.
  23. 1 2 Abdul Quader Molla | Free Jamaat Leaders
  24. ↑ Anatomy of verdict against Abdul Quader Mollah | BDINN.com
  25. ↑ "Latest news". Alokito Bangladesh. 12 December 2013. Retrieved 12 December 2013.
  26. ↑ "Quader Molla to hang after midnight". bdnews24. 10 December 2013. Retrieved 12 December 2013.
  27. ↑ The Economist, 1 July 2010. Retrieved 7 March 2013.
  28. ↑ "Bangladesh executes top Islamist leader Abdul Quader Molla for war crimes". NDTV.com.
  29. 1 2 "Molla, Kamaruzzaman stripped of Press Club membership". bdnews24. 13 February 2013. Retrieved 13 February 2013.
  30. ↑ HC declares Jamaat registration illegal
  31. ↑ "Summary of verdict in Quader Mollah case". The Daily Star. 6 February 2013. Retrieved 9 February 2013.
  32. ↑ Tahmima Anam (13 February 2013). "Shahbag protesters versus the Butcher of Mirpur". The Guardian. Retrieved 26 February 2013. "Mollah smiled because for him, a man convicted of beheading a poet, raping an 11-year-old girl and shooting 344 people during the 1971 Bangladesh war of independence – charges that have earned him the nickname the Butcher of Mirpur
  33. ↑ Charges and verdicts against Molla | Dhaka Tribune
  34. ↑ Quader Molla charged The Daily Star 19 December 2011. 12 December 2013
  35. ↑ Bangladeshis demand death for war crimes convict Abdul Quader Mollah 16 February 2013
  36. ↑ "OUTRAGED", The Daily Star, 6 February 2013
  37. ↑ "Verdict surprises some top jurists", The Daily Star, 7 February 2013
  38. ↑ "Compilation of Shahbag Movement: A new Sun Uplifts". Priyo.com. 11 February 2013.
  39. ↑ "Outrage explodes over verdict", The Daily Star, 7 February 2013
  40. ↑ "Masses rally for death sentence to all war criminals". Bdnews24.com. 8 February 2013. Retrieved 9 February 2013.
  41. ↑ "Bangladesh war crimes trial: Key defendants". BBC. 21 January 2012. Retrieved 22 February 2013.
  42. ↑ "BNP cautiously welcomes Shahbag protests". bdnews24.com. 13 February 2013. Retrieved 13 February 2013.
  43. ↑ "Amendment of International Crimes Tribunal Act of 1973". The Bangladesh Trial Observer. 7 March 2013. Retrieved 11 December 2013.
  44. 1 2 "The trial of the birth of a nation". The Economist. 15 December 2012. Retrieved 2013-04-16.
  45. ↑ EU, UK, Australia concerned at Mollah’s execution - www.risingbd.com
  46. ↑ UK expresses concerns on Mollah execution
  47. ↑ "UN human rights experts urge Bangladesh to stop the execution of Abdul Quader Mollah". Retrieved 17 December 2013.
  48. ↑ "Amid fair trial concerns, UN experts urge Bangladesh to halt impending execution". Retrieved 17 December 2013.
  49. ↑ "Bangladesh: Abdul Quader Mollah death sentence violates international law". ICJ. 17 September 2013. Retrieved 17 December 2013.
  50. ↑ Execution of Mollah | UN official calls for a stay | EU, UK worried at govt move
  51. ↑ "Bangladesh: Death Sentence Violates Fair Trial Standards". Human Rights Watch. 18 September 2013. Retrieved 2013-09-18.
  52. 1 2 3 "Bangladesh Islamist given last-minute stay of execution". NDTV.com.
  53. ↑ Bangladesh hangs opposition leader - South Asia - Al Jazeera English
  54. ↑ Jamaat leader Mollah executed - The Hindu
  55. ↑ "Bangladesh stays execution of politician". Al Jazeera. 10 December 2013. Retrieved 11 December 2013.
  56. ↑ "Molla's fate hangs in the balance". bdnews24. 17 September 2013. Retrieved 11 December 2013.
  57. ↑ "Bangladesh court to decide Abdul Kader Mullah execution". BBC. Retrieved 12 December 2013.
  58. ↑ "SC refuses review, Quader Molla going to gallows". bdnews24. 14 September 2013. Retrieved 12 December 2013.
  59. 1 2 Julhas Alam (5 December 2013). "Bangladesh Clears Execution of Opposition Leader". ABC News. Retrieved 12 December 2013.
  60. ↑ "Bangladesh executes opposition leader". Al Jazeera. 12 December 2013. Retrieved 12 December 2013.
  61. ↑ "Quader Molla hangs, finally, for war crimes". bdnews24.com.
  62. 1 2 Bangladesh execution sparks violent protests - Asia - Al Jazeera English
  63. ↑ Abdul Quader Mollah buried; Bangladesh clashes kill 4, injure dozens - UPI.com
  64. ↑ "Bangladesh: celebration after Abdul Quader Molla execution". Demotix.
  65. ↑ "25 dead as violence continues in Bangladesh", The Hindu, 15 December 2013
  66. ↑ More dead as unrest continues in Bangladesh - Central & South Asia - Al Jazeera English
  67. ↑ Bangladesh could be set for prolonged unrest - Features - Al Jazeera English
  68. ↑ Mollah execution divides Bangladesh | The Stream - Al Jazeera English
  69. ↑ "Qatar condemns capital punishment against Assistant SG of Jamaat-e-Islami Party Bangladesh".
  70. ↑ NA resolution condemns Abdul Quader Molla’s execution - thenews.com.pk
  71. ↑ Nisar terms Quader Molla's hanging a judicial murder - DAWN.COM
  72. ↑ "Muslim Council of Britain - MCB". Muslim Council of Britain (MCB).
  73. ↑ "Bangladesh leader’s execution is a political murder" (Press release). ICNA. 13 December 2013. Retrieved 19 December 2013.
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