Barrister Harun ur Rashid

The people who killed Mahmoud al-Mabhouh, the right-hand man of Hamas leader, in Dubai in January in an airport hotel did such a "clean" job that spoke of acts of operatives of very sophisticated intelligence agencies. Media reports indicate that they first injected him with a muscle relaxant, suffocated him, and then smoothed away any signs of struggle, reattaching the hotel door chain as they left room, investigators say.
   The operatives thought that an Arab country would not be able to find out the macabre mystery of assassination. Instead the Dubai police quickly unravelled the plot and identified 26 suspects. They released a 27-minute footage of video surveillance, exposing the techniques including operators/agents clumsily disguising themselves with wigs and fake beards—of what is now believed to be a Mossad, Israel's intelligence service.
   
   Netanyahu approved
   The Dubai police revealed that 26 agents (whose photographs are now all over the Internet) linked to the assassination used British, Australian, French, Irish and German passports of people who are dual nationals living in Israel. It is believed that Prime Minister of Israel Netanyahu approved the assassination of the Hamas leader.
   Although the killers succeeded in their mission, they botched the operation that has stunned many across the world, where Mossad is widely credited with almost superhuman skill and secrecy. Some suggest that the agents knew that they were being filmed but most analysts agree that they could not have expected that so much of the operation would be found out and made public by Dubai police. The Dubai police have released information about credit cards used by the killers that that also suggests an Israeli military connection.
   Dubai police would begin training immigration officers to watch out for Israeli faces and accents, so as to prevent Israelis from entering on third-country passports.
   Mustafa Alani, a security analyst at the Gulf Research Centre in Dubai, said: "Now 26 of their agents are burned and we have discovered their methods, which is already starting to reopen the books on some old cases."
   
   Dogged silence
   The Dubai police issued arrest warrant against the Israeli Prime Minister and the head of the Mossad. Israeli officials remained doggedly silent in the matter.
   Israeli authorities are surprised that Dubai police have such high skills to unravel the plot. Analysts say that Dubai was hard hit by global financial crisis and it is keen not to let any more killers take advantage of its role as the region's most open city. A troubling precedent came last year with the killing of a Chechen political figure. Dubai is proud of having the most diverse and open community in the Arab world and to see these happenings its attraction to foreign tourists will dampen.
   The use of foreign passports has created a diplomatic storm with the countries whose passports were allegedly used and Israeli ambassadors were summoned by the governments to loudly protest to such illegal use of passports. The detectives from the Britain had begun questioning dual nationals whose names appeared on passports that were used in the January assassination.
   On 25th February, Australia has warned Israel it is "gravely concerned" about the use of Australian passports in an alleged assassination in Dubai and demanded full co-operation into an investigation into the incident.
   The Foreign Affairs Minister, Stephen Smith, said that preliminary analysis by Australian officials indicated the passports had been duplicated or altered. The passports were issued in 2003, before enhancements were made to Australian documents.
   Former Mossad case officer Victor Ostrovsky told Australian Radio that the spy agency had used Australian passports for previous operations before last month's hit on a top Hamas commander in Dubai that has been blamed on Israel.
   The European Union (EU) on 1st March denounced the forgery of European passports used to set up the Dubai assassination of a senior Hamas militant.
   
   Diplomatic mess
   The fallout from the killing of the Hamas leader has created a diplomatic mess for Israel and raised troubling questions of identity theft, spread of surveillance and the colliding definitions of terrorism and crime. Some say that Israel is carrying out state terrorism against Hamas and questions such as how state -terrorism can differ with non-state actor's terrorism?
   Dominating the world news is the Al-Mabhouh assassination. Israel has a long history of engaging in targeted killings and assassinations. Many outlets are focusing on the use of fake passports, while others are condemning the lack of action by those governments whose passports were used.
   Very few are actually focusing on the act of assassination itself and its consequences under international law. Assassination is the targeted killing of a public figure which may be prompted by ideological, political, or military reasons whereas murder is the crime of unlawfully killing a person especially with malice aforethought.
   Assassination of an individual is illegal when there is no need to fear the attacker.
   It is argued there is no plausible argument that Israel can give to justify this illegal action, particularly since Al-Mabhouh posed no imminent threat.
   In addition, Article 3 of the Geneva Conventions is applicable when a state engages in violence against a non-state actor outside of its territory or the territories in which there is ongoing conflict.
   First, the individuals targeted must be of the armed forces of the non-state actor.  And while there is no obligation to attempt to arrest members of the armed forces before they are targeted, combatants can only be killed when they cannot be prevented from perpetrating an attack that endanger the lives of others. In all other circumstances, combatants should be arrested, prosecuted and punished for their crimes under law.
   Second, those who play a purely political role for a non-state group cannot be targeted. Third, targeting must meet the requirement of proportionality under customary international law. Fourth, permission must be sought from the government on whose territory an attack is believed to be imminent.
   The question is: Was the murder of Al-Mabhouh an assassination? If so, this constitutes another Israeli crime against humanity. The Israeli leaders who are involved in this dastardly illegal plot can be prosecuted under universal jurisdiction of international law.
   In addition, Israel violated Article 2 of the UN Charter. Article 2 requires that states respect the sovereignty of other countries. The use of fake passports of another country and the carrying out of murder on another state's territory, without its permission, is a clear violation of this Article.
   In such circumstances the Israeli leaders including the Prime Minister who were involved in the assassination plot are liable to be prosecuted for crimes against humanity and they can be arrested by any country under the principle of universal jurisdiction.
   It may be recalled that in 1998 former Chilean President General Augusto Pinochet was arrested in London for disappearance of seven Spanish nations in Chile on request from Spain. Former Liberian President Charles Taylor is being tried since 2006 for alleged commission of crimes against humanity in Sierra Leone at a Court in The Hague.
   Recently the International Criminal Court has issued a warrant of arrest for Sudanese sitting President Omar al-Bashir for alleged commission of crimes against humanity in Darfur region. No head of State/government is now immune from criminal prosecution for crimes against humanity, war crimes and genocide.
   The writer is a former Bangladesh Ambassador to the UN, Geneva.

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ULFA's threat to Bangladesh
can not be ignored

A M K Chowdhury

Some weeks back a local Bangla daily reported that Jute and Textile Minister Abdul Latif Siddiqui had said that a largely-circulated Bangla daily newspaper was founded by the ULFA (United Liberation Front of Assam) general secretary Anup Chetia. Besides this, it is also necessary to make an enquiry to find out what business the owners of three other new and old Bangla daily newspapers do.
   Another vernacular daily reported that the intelligence agencies got the information of an active syndicate of gold smugglers financed by the ULFA. This syndicate smuggles currency worth crores of Takas through Sylhet Osmani International Airport and the Shah Jalal (formerly Zia) International Airport. The syndicate smuggles gold and electronic goods to Bangladesh.
   Mohammad Hafizur Rahman, a Jubo Sanghati leader, and Din Mohammed, both prime accused in the biggest arms and ammunition haul case, had confessed in the court that the ULFA leaders were involved in it. Paresh Barua himself supervised the arms smuggling operation. The law enforcers and Coast Guard personnel seized 10 truckloads of arms, ammunition and explosives while those were started offloading at the CUFL (Chittagong Urea Fertiliser Ltd.) jetty on the south-east bank of the river Karnaphuli on the night of April 1, 2004.
   The ULFA was formed on April 7, 1979. Since then the ULFA had been pursuing an armed struggle to liberate the Indian state of Assam for what they term as New Delhi's colonial rule. Thousands have been killed so far since its insurgent campaign.
   
   Anup Chetia nabbed in 1997
   Anup Chetia, general secretary of ULFA, was arrested by the police from a house located at Tajmahal Road, Mohammadpur, Dhaka on December 21, 1997. The police recovered a Bangladeshi passport, satellite telephone set and a huge amount of foreign currency of 16 countries from his possession.
   The police filed a case with Mohammadpur police station against Anup Chetia under Foreign Currency Act and Special Powers Act. He was sentenced to imprisonment with a fine for Tk. 11 thousand only. After imprisonment Bangladesh Human Rights Organisation filed a writ petition in the High Court to release Anup Chetia. But the High Court gave a verdict not to release Anup Chetia as his political asylum case is yet to be finalised. Since then he has been in prison. Arabinda Rajkhowa, Chairman of ULFA, wrote a letter to the Bangladesh Government on January 7, 1998 to release Anup. But the government did not give any response to it.
   India was keen for finalisation of extradition treaty with Bangladesh for Anup Chetia's return. Anup Chetia will be handed over to Indian authorities. The extradition treaty is likely to be concluded shortly.
   The ULFA leaders have been making threats against Bangladesh after the arrest of ULFA's founding Chairman Arabinda Rajkhowa from Dhaka and his appearance before a judicial magistrate in Gawahati the next morning. Rajkhowa told journalists in Gawahati that he had been arrested in Bangladesh. "Bangladesh has betrayed us," he said.
   Raju Barua, the deputy commander-in-chief of ULFA's armed wing, was also arrested along with Rajkhowa. Two ULFA leaders — its finance secretary Chitraban Hazarika and foreign secretary Shashadhar Chowdhury were arrested last month by the BSF (Border Security Force) near the Indo-Bangla border area in Tripura. The ULFA alleged that their two leaders had in fact been picked up by some unidentified men from a residential area in Dhaka and later handed over to the BSF.
   
   'Threat of revenge
   Paresh Barua, the ULFA commander-in-chief said, "Bangladesh will be targeted and get attacked if it assists India that goes against our liberation movement." He also said that they are fighting against Indian colonialism much the same way the people of the then East Pakistan fought against colonialism of Pakistan.
   The ULFA leaders said they lent support and gave shelter to millions of fleeing Bangladeshis from home for their safety in 1971. Bangladesh cannot deny the same now to them and any help to Delhi on this issue would sound like 'collaboration' of Bangladeshi anti-liberation forces with Islamabad at that time. Paresh Barua also threatened to take revenge on Bangalis in Assam for 'betrayal' by Bang1adesh government.
   
   India-to-India transit
   It is needless to say that granting of India cross-Bangladesh transit passage from India-to-India trade and traffic as per the Indo-Bangladesh joint communiqué signed recently. DMP Police Commissioner A.K.M. Sahidul Haque said small arms and ammunitions are entering Bangladesh along the border areas and for supplying to criminals. But the name of the manufacturing company is mentioned on the body of the arms. There is no record about the quantity of arms and ammunition. We do not know whether the ULFA is involved in arms smuggling along the border areas to carry out subversive activities in Bangladesh.
   Mention may be made here that Anup Chetia was arrested in 1997 during the Awami League government. Now the ULFA leaders have been making threats against Bangladesh when the country is under the AL—led grand alliance government.
   The ULFA's threat cannot be ignored. It is a threat on sovereignty and independence of Bangladesh. Home Minister advocate Sahara Khatun said the government is ready to face any ULFA threat on its soil. We hope the government will take necessary steps to face the ULFA if they carry out subversive activities in Bangladesh.

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Gulshan Lake recovery?

Dear Editor:
   The front page photograph and the article alongside, published on March 3 in a local English daily, tells the tale of the Gulshnan lake. Sad for many, but glad news for some too! The facts are all there in the article, but facts unfortunately gets trampled under the acts, perpetrated with blessings of the power that be.
   While we talk about recovering the lake, they are busy recovering the land from the lake! That recovery is most attractive for them that count; the veiled mafia, where easy money matters!
   For them, the lake is a waste of potential land, waiting to be recovered; the land that brings gold; as land value went up. Why leave it to the fishes when wealth beckons! For them, "the more they get, the more they want". All said and done; that is the reality in this ugly lust for the lucre! Who are you and us, to stand in their way? Court directives for them are irrelevant. As far as they are concerned, these are but words on paper. Between the words, and the realities on the ground; these are far apart; and they believe that no court can bridge this gap! After all the powerful and the rich; have their own laws, which mostly override the law of the law-makers, since law-breakers have both, brawn and the boon; to overcome it all!
   For them; DLRS and Rajuk are poor players with only some pawns on the chessboard, while they hold the Castles, Knights, Bishops and the Queen. One move and the pawns are gone; for they have no castle, knight, bishop or queen in support. Pity the solitary pawns! For RAJUK, the 'rajas' of this 'Rajdhani' are getting mixed up with lowly DLRS and DCs are just 'No-Go'. Who are they to put hindrances to the 'rajas'? It's all a waste of time; as far as they are concerned. So why bother for court's directives? Directives will come, and directives will go. They believe that direct cash supersedes all and everything. Land and lucre are theirs to keep and enjoy. Should any one meddle too much, they will give him/her a piece of the lake, all filled up and a legitimate owner to boot! That, ladies and gentlemen, is the name of the game!
   An old Gulshan resident

Dear Editor:
   I have seen the article '"Mullahs are coming"! Cry wolf in Bangladesh' of Janab Taj Hashmi in your issue dated 5.3.10.
   At one place he writes "Military rulers who ran the country up to 1990, taking full advantage of people's disillusion with so-called socialism and secularism, 'Islamized' the country, the constitution and the polity. Soon Islamist obscurantist forces, which had been defeated but not destroyed after 1971, thanks to the patronage of military and civilian rulers from the major political parties including the BNP and Awami League (AL), re-emerged in full vigour at every level."
   This is most un fair statement to General Zia, BNP and Jamaate Islami and other Islamic parties. General Zia understood the real mood of the people and accordingly changed the constitution through referendum and then through Parliament. Those who opposed independence, they had all the democratic right to emerge in Bangladesh as lawful parties. His language shows his venom against Islamic parties and he calls them all "obscurantist."
   In another place he says, "In 1991 for the first time in the history of Bangladesh, Jamaat-i-Islami, the vanguard of Maududi's undemocratic 'Islamic State' played the decisive role in forming the BNP-led government under Khaleda Zia." This is also very unfair. His disparagement of Maulana Maududi, style Islamic state as un democratic, blaming Jamate Islami for supporting BNP which was their democratic right, all these are in extremely bad taste.
   His article would not serve any good purpose, it will not remove Islam phobia (he has himself created serious doubt about the main Islamic party of Bangladesh) nor will it remove misunderstanding about Islam or Bangladesh. This failure is because of his confusion, he does not own up Islam fully neither he discards it. Such people can not achieve objectives.
   Shah Abdul Hannan

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Whither US-UK's 'two states' theory?

Dear Editor:
   After the League of Nations (now UNO) approved the British mandate of Palestine in 1922 the USA and the UK enticed, encouraged and helped the stateless Jews of Europe and America to migrate and to settle down in Palestine despite Arab opposition.
   Following World War II and geopolitical change in the world the USA and the UK for their interest and strategy made a heinous plan and decision to create 'two states' within the state of Palestine —- i) an independent state for the Jews and; ii) another independent state for the Arab Muslims.
   In November 1947 the United Nations divided Palestine then under British mandate into Jewish and Arab states. Six months later the British withdrew.
   The Jewish terrorists killed UN Mediator in Palestine Bernadotte and made the unilateral declaration of independence of Israel on May 14, 1948. The USA and the UK promptly accorded recognition to Israel.
   Today Israel is an independent state since 1948.
   But where is the existence of independent state of Palestine for over the last 60 years?
   Whither the US-UK theory of 'two states' Palestine and Israel?
   Why injustice and violation of human rights against the people of Palestine?
   Why such international crime and violation of international law, rules and regulation?
   Whither the promise of the US President George Bush for comprehensive peace in the Middle East before he left office by 2008?
   O. H. Kabir,
   Dhaka.

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Politics stuck in vicious circle

Dear Editor:
   Our political culture is still operating at the ad hoc stage for more than three decades. Paradoxically, we have displayed virtual tolerance of the evil practice. Regrettably, the Caretaker Government failed miserably because its intention was evil —- to rule by proxy.
   It is stuck in vicious circle, dominated by two dynasties; led by two ladies of two families. This is a typical syndrome of an underdeveloped society, specialty in the Third World. Economies of the Third World are distorted by dependence on export of primary products to the developed countries in return for finished products. After freedom from colonial rule in the 1950s - 1970s, underdeveloped countries were illiterate, over-populated, and politically unstable.
   The political leadership has to initiate movements beyond the 'safety first' principle. How long this suffering would continue? In Bangladesh we have another weakness—selling, hawking, and pedaling names. We tend to live in the past. We have good brains, but we are ruled by emotion. We have the gift of the gab, but we misuse it. The politicians seek sustenance and support through the microphones and loudspeakers. There are plenty of noise makers amongst us Bengalees — what about silent dedicated service in the background?
   The Western TV media is publicising the culture and history of ancient India through documentaries. In Dhaka also, the foreign dignitaries are also very mobile, and take overly keen interest in the political activities in Bangladesh. These remind us of the discovery by Columbus — now South Asia is being rediscovered by the recession affected West.
   A Mahasen,
   Dhaka.

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Apartment fire & builders' negligence

Dear Editor:
   The report on the devastating fire on the 10th floor of an apartment in the Japan Garden City housing project; published in most dailies on 13th February, depicts the criminal callousness on the part of the housing complex management. In order of priority, the main reasons that caused this disaster and the loss of six lives as reported can be summed up in the following points.
   a) The door of the roof was locked, and the residents could not go to the roof! They would not have died by inhalation of Carbon dioxide (CO2) and other combustion gases, if they could have reached the open roof, which they wanted to do.
   b) There were no functioning fire extinguishers, or sand or water buckets available for stopping the fire when it started.
   c) It appears that the pump meant for fire fighting could not be operated.
   Finally, and most criminal is ignoring the fire service department's concerns about the fire safety measures of the buildings by the project authorities —- as reported in some dailies.
   The management of the housing complex should be prosecuted for criminal negligence and involuntary manslaughter —- for causing the death of the six residents due to their negligence. This will make all building authorities to sit up and take notice.
   As a curiosity, did the housing complex authorities take permission from the Japanese Embassy for using the word 'Japan' in naming the housing complex?
   S.A.Mansoor,
   Dhaka.

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