JAMAAT PLEADS ITS CASE BEFORE AMBASSADOR

C O N F I D E N T I A L SECTION 01 OF 02 DHAKA 000132

SIPDIS

E.O. 12958: DECL: 02/14/2020
TAGS: PGOV PHUM PREL KUIR PINR BG
SUBJECT: JAMAAT PLEADS ITS CASE BEFORE AMBASSADOR

REF: DHAKA 38

Classified By: AMBASSADOR JAMES F. MORIARTY, FOR REASONS 1.4 (B) and (D
)

SUMMARY
=======


1. (C) On February 10, 2010, the Ambassador and
Jamaat-e-Islami Assistant Secretary General Razzaq discussed
the recent upsurge in student violence, the possible repeal
of the 5th amendment, and the looming war-crimes trials. One
of Bangladesh,s leading barristers, Razzaq repeatedly
stressed Jamaat's commitment to the Bangladesh Constitution
and the rule of law. Razzaq contended that recent events had
betrayed the government's lack of interest in the rule of law
and highlighted its desire to crush the Jamaat-e-Islami.

Rajshahi University and Other Student Violence
-------------- -


2. (C) During a February 10 meeting arranged at his request,
Jamaat-e-Islami Assistant Secretary General Barrister Abdur
Razzaq joined the Ambassador in condemning recent student
violence around Bangladesh that had left at least three
people dead and injured scores of students, faculty and
authorities. Razzaq described for the Ambassador a
confrontation between student political groups at Rajshahi
University in northwestern Bangladesh. According to Razzaq,
the clash had started as a small incident in the early
evening at a dorm between four male students, two from the
Awami League-backed student group, the Chatra League, and two
from the Jamaat-backed student group, Bangladesh Islami
Chatra Shibir. Razzaq said the confrontation had led over
1,500 Chata Shibir to gather later in the evening. He said
that the the Shibir students had reportedly gone on a
rampage, killing one Chatra League member and shoving his
corpse down a manhole. Chatra Shibir activists also
alledgedly slit the tendons of a number of Chatra League
members.


3. (C) Razzaq said Jamaat would cooperate fully in any
investigation. He agreed the violence was "inhumane,
regrettable, and indefensible." When asked whether the
Government of Bangladesh should ban student political groups,
Razzaq replied that Jamaat was prepared to work with the
government on a ban, provided the government used proper
legal procedures and applied the ban impartially. (Note:
Embassy Dhaka will provide an update on the events at
Rajshahi University and other university campuses in septel.
End Note.)

5th Amendment and the Road Ahead (is it in the streets?)
-------------- --------------


4. (C) Turning to the reason he had sought the meeting,
Razzaq provided his perspective on the recent judicial
decisions that repealed the Fifth Amendment of Bangladesh,s
Constitution (reftel). The repeal of the Fifth Amendment
paved the way for the government to outlaw religious-based
political parties, including Jamaat. According to Razzaq,
Bangladesh,s courts overreached, ruled on issues that were
never raised in court, acted too quickly and did not allow
more time for investigation. "The Appellate and High Courts
were apparently in a rush," Razzaq said. He said no one knew
when the courts would issue the details of their decision,
which would provide the key to knowing whether religious
political parties would be banned.


5. (C) Razzaq said Jamaat believed in "the Constitutional
path" and would abide by the court's decision. If Bangladesh
banned religious-based political parties, Jamaat would
emulate the response of religious-based political parties in
Turkey. Jamaat would rename itself and remove religious
tenets from its Constitution, but would at the same time
challenge the ruling in court. According to Razzaq, a ban on
religious parties would cost Jamaat some money that was tied
to bank accounts and trusts in the party,s name, but the
party would survive. Razzaq said it would be a wound, but a
wound that could be healed.


6. (C) Razzaq added that it would be disappointing -- and
potentially dangerous -- if the government silenced the
voices of moderation in this way. He also opined that
Bangladesh,s judges made the decision based on affiliations
with the Awami League government, rather than in accordance
with constitutional law. If the government tried to control
democracy ) if it "closes democratic avenues" ) then it was
breeding the discontent that led to the September 11 attacks

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in the United States, Razzaq said. The 9/11 terrorists did
not come from democratic countries, but autocratic ones. By
fighting Jamaat, which was a democratic organization in
belief and practice, Razzaq claimed the government would
foster an autocratic nation without constructive mechanisms
for dissent.


7. (C) Razzaq said that Jamaat's alliance partner, the
Bangladesh Nationalist Party, had not officially commented on
5th amendment matters. In response to the Ambassador's
question whether the Bangladesh Nationalist Party would go to
the streets soon, Razzaq replied that he thought this
unlikely. Razzaq added that he believed the Bangladesh
Nationalist Party should be active in Parliament, and that
Jamaat was "ready to cooperate with this government."

War Crimes Trials
--------------


8. (C) Razzaq asked the Ambassador about the upcoming war
crimes trials. The Ambassador replied the government seemed
determined to go forward with the trials but appeared
uncertain as to how to proceed. Both Razzaq and the
Ambassador agreed that the 1973 international tribunals act
might not meet international standards. Razzaq said that for
the trials to be acceptable, this law would have to be
amended or a new law would have to be passed.


9. (C) Razzaq said there were three problems with raising the
issue of war crimes trials: 1.) This was already a settled
issue and there was no need to reopen it; 2.) this had been
brought back for political reasons; and 3.) the current law
fell far below international standards. However, if the law
was revised, Jamaat would not object to the government going
forward.

Comment
--------------


10. (C) As with the Embassy's previous meetings with Razzaq,
he again proved himself to be a persuasive spokesman for his
party. The Ambassador was able to take advantage of this
meeting to lay down a marker on Shabir's use of violence. As
the Government of Bangladesh increases the pressure on
Jamaat, hardliners in his party may not live up to Razzaq's
claim that the party would accept the rule of law. The
Jamaat currently faces its greatest challenge since 1971.
There is little doubt that hardline elements within the
ruling party believe that the time is right to crush Jamaat
and other Islamic parties.
MORIARTY