Canada Begins To Wake Up To Mohiuddin’s Fiction

Posted on June 9, 2007 by Mash

Today CBC Radio in Canada aired an interview with Lawrence Lifschultz, former South Asia reporter for the Far Eastern Economic Review. Lifschultz covered the Bangladesh coup of 1975 extensively. He is quite familiar with the killer Majors who orchestrated the coup, including convicted murderer Mohiuddin AKM Ahmed. In the interview he talked about the geo-political intrigue surrounding the coup, including Kissinger’s purported role in it. He also talked specifically about the fairness of the trial in Bangladesh and Mohiuddin’s role as one of the coup plotters. None of what he mentioned is unknown to those familiar with the events of 1975. All of it however contradicts the fiction cooked up by Mohiuddin as he tries to convince American congressmen to help him to continue to evade justice.

Initially Canadian media bought Mohiuddin’s victim card. But as the media in Canada has started to look at the facts of the case rather than the spin coming from Mohiuddin, they are beginning to see a clearer picture of Mohiuddin’s guilt.

CBC Radio introduced the interview with Lifschultz as follows:

When "As It Happens" first told the story of Mohuiddin Ahmed back on the 29th of May, it seemed like a relatively simple cry for help. A former Bangladeshi army officer was begging Canada for asylum. He was about to be deported from the United States to face execution for his role in a thirty year-old coup.

But we’ve been doing a little spadework since then. And with every interview, the story reveals itself to be more and more like a Graham Greene novel — in which individual lives are caught up in international intrigues beyond their ken.

Lawrence Lifschultz has been following the story of the 1975 coup from the beginning. He’s the former South Asia correspondent for the Far Eastern Economic Review. We reached Mr. Lifschultz in Branford, Connecticut. [Emphasis added by me.]

Click here for the audio of the interview.  Some highlights of the interview:

  • The interview begins at 9:25 minutes.
  • Lifschultz describes the geo-political backdrop of the coup beginning at 10:15 minutes.
  • Lifschultz describes how the Majors were protected by the military after the coup and how some of the Majors were given diplomatic postings to protect them beginning at 18:38 minutes.
  • Lifschultz mentions Mohiuddin AKM Ahmed as one of the Majors who were the coup plotters beginning at 20:35 minutes.
  • Lifschultz explains why the trial in Bangladesh was fair at 20:51 minutes.

Current Status of Mohiuddin’s Deportation

Mohiuddin’s lawyers filed a petition for Writ of Habeas Corpus with the District Court for Central California on June 1st, citing the private bill introduced by Congressman Jim McDermott that aims to give Mohiuddin a green card. The District Court judge stayed the deportation pending a hearing that occurred on June 5th:

MINUTES before Judge Gary A. Feess: (In Chambers). Petitioner Mohuiddin A.K.M. Ahmed seeks a writ of habeas corpus that would stay his deportation pending Congress consideration of a priviate bill introduced on his behalf. Deportation shall be STAYED until close of business on 6/5/2007. Counsel for both Petitioner and the Government are ORDERED to appear for argument on 6/5/2007 at 09:30 AM. IT IS SO ORDERED.

At the June 5th hearing the District judge heard the motions from the lawyers and extended the stay of deportation by one day:

MINUTES before Judge Gary A. Feess: Deportation Hearing. Matter called. Counsel state their appearances for the record. Counsel argue their motion to the Court. The Court orders the extension of the current stay until 6/6/2007 at 05:00 PM. Pacific Daylight Time. IT IS SO ORDERED.

On June 6th the judge ordered Mohiuddin’s lawyers to submit a brief explaining their reasons to stay the deportation order by June 8th. He also ordered the government to respond by June 11th. He scheduled a hearing for June 13th at 9am and stayed the deportation order until then:

MINUTES before Judge Gary A. Feess: (In Chambers). ORDER REQUIRING FURTHER BRIEFING. Because of the importance of these issues, the Court declines to resolve them before the parties further elucidate their positions. Therefore, the Court ORDERS further briefing pursuant to the following schedule: 1) Petitioner shall submit a brief, not to exceed 20 pages, no later than close of business on 6/8/2007. The brief shall be served upon the Government by that as well, and aslo shall be accompanied by a courtesy copy to chambers. 2) The Government shall submit a response, also not to exceed 20 pages, no later than close of business on 6/11/2007, also accompanied by service upon Petitioner and a courtesy copy to chambers. 3) The matter will be heard on 6/13/2007 at 09:00 AM. In the meantime, Petitioner removal shall remain STAYED through 5:00 PM. Pacific Daylight Time on 6/13/2007. IT IS SO ORDERED.

The judge will presumably decide on the habeas petition on June 13th at the hearing. Unless McDermott’s private bill is marked up by the House Immigration Subcommittee by then, it is highly unlikely the judge will stay the execution. Given the debate around illegal immigration in Washington, it would be astonishing if the Immigration Subcommittee acts on a private bill granting a convicted murderer a green card. However, the stay of deportation until next week buys Mohiuddin’s lawyers time to plead their case with Canada for asylum. Although Canada does not deport individuals to countries where they may face the death penalty, it would be surprising if Canada allowed into its borders a convicted murderer who the United States has judged to have engaged in terrorist activities. The precedent this would set would make Canada a magnet for thugs and murderers escaping justice the world over.

If you would like to contact the House Immigration Subcommittee to tell them not to support the private bill (HR 2181) that will grant a green card to a convicted terrorist and tell them the facts of the case as opposed to the spin, contact the offices of the chairwoman and the ranking member:

  • Congresswoman Zoe Lofgren, chairwoman, at (202) 225-3072
  • Congressman Steve King, ranking member, at (202) 225-4426

 

Posted in Bangladesh, Foreign Policy, Terrorism | 33 Comments

Robert Francis Kennedy, November 20, 1925 – June 6, 1968

Posted on June 6, 2007 by Mash

Robert F. Kennedy in South Africa

On this day in 1968 Robert Francis Kennedy lost his life to an assassin’s bullet.

In mourning him today we also celebrate his life. It was a life that gave the world hope. And with hope comes possibility. He said:

"Men without hope, resigned to despair and oppression, do not make revolutions. It is when expectation replaces submission, when despair is touched with the awareness of possibility, that the forces of human desire and the passion for justice are unloosed."

Rest in peace, Bobby.

In remembrance:

  • Robert Kennedy’s speech at University of Cape Town
  • Edward Kennedy’s tribute to Bobby Kennedy

 

Posted in Human Rights, Personal, Society | 1 Comment

Congressman Jim McDermott’s Support For Convicted Terrorist Mohiuddin AKM Ahmed

Posted on June 4, 2007 by Mash

Last week I wrote a brief post about Congressman Jim McDermott’s introduction of a private bill, H.R. 2181, that aims to give a green card to convicted terrorist Mohiuddin AKM Ahmed. Today the leading Bangladeshi English language newspaper, The Daily Star, published an op-ed written by me about Congressman McDermott’s private bill.

The op-ed is reprinted below:

—–

Congressman McDermott’s support for Mohiuddin
Mashuqur Rahman

On May 31, the US 9th Circuit Court of Appeals issued the mandate that ended convicted killer AKM Mohiuddin Ahmed’s asylum appeals and made him deportable from the United States. However, the long saga has moved from the courts to the political arena after a congressman introduced a private bill to issue Mohiuddin a green card.

The rationale presented in the bill needs discussion both in the United States and Bangladesh; and it is time to explore whether the United States government should be actively sheltering a convicted murderer.

The Department of Homeland Security (DHS) was set to deport Mohiuddin to Bangladesh on or around June 2. However, Mohiuddin’s lawyers managed to get a temporary stay of deportation from a lower court judge until Tuesday, June 5. A US District Court judge has scheduled a hearing for Tuesday June 5 to consider a stay of deportation.

The hearing will not reconsider the asylum case since the lower court does not have jurisdiction and cannot overrule the Court of Appeals decision. Mohiuddin’s lawyers have, instead, asked the District Court to consider whether Mohiuddin could be deported while there was a private bill on his behalf pending in the US Congress.

On May 3, while the 9th Circuit Court of Appeals was still considering Mohiuddin’s last petition, a Democratic congressman from Washington State, Jim McDermott, introduced a private bill in the US House Judiciary Committee on his behalf. A private bill is a rare legislative procedure in the United States used to pass a law that benefits only one person rather than a class of individuals.

Private bills are sometimes used in immigration cases by members of Congress to grant relief to individuals who, because of an unusual set of circumstances, may be facing deportation from the country. For example, they are sometimes used to give relief to family members who would otherwise be separated if one member were to be deported, causing severe hardship to the rest.

Private bills rarely become laws. To become a law, the bill must first be passed by the US House Judiciary Committee, then by the US House of Representatives, then by the US Senate, and finally must be signed into law by the president of the United States.

The private bill introduced by congressman McDermott, known as H.R. 2181, aims to help Mohiuddin in a number of ways. First, it aims to stay the deportation order against him indefinitely. Second, it aims to release him from custody and bars the DHS from deporting him to Bangladesh, or to any country that has an extradition treaty with Bangladesh.

Third, it aims to grant a green card to Mohiuddin, which would allow him to get preferential treatment before all other green card applicants from Bangladesh. It also aims to grant him the card by reducing the number of green cards available to other Bangladeshis by one. Finally, it states that Mohiuddin will be allowed to seek asylum in any foreign country of his choosing.

Congressman McDermott’s bill also makes some extraordinary "findings." The bill claims that Mohiuddin is an "innocent Bangladeshi citizen." It also claims that the Bangladesh court "erroneously convicted Mr. Ahmed of murder and sentenced him to death." It further claims that the trial and conviction are "sufficiently suspect as to warrant the immediate intervention" by the US government to prevent his deportation.

However, the claims in the bill directly contradict the ruling of the 9th Circuit Court of Appeals. In its decision denying Mohiuddin’s petition the court wrote: "Ahmed failed to prove by a preponderance of the evidence that his in absentia murder trial and conviction in Bangladesh was fundamentally unfair and, thus, deprived him of due process of law. Therefore, the IJ properly relied on the conviction." Mohiuddin failed to convince the US court that his trial was unfair.

The court did not find that Mohiuddin was "erroneously convicted," or that the trial was "sufficiently suspect." It felt that it was proper to rely on the conviction in the Bangladeshi court.

Therefore, the congressman’s claim that Mohiuddin is an "innocent Bangladeshi citizen" is not supported by the facts, and is also not something that Mohiuddin was able to convince any court of.

Furthermore, the US State Department has stated that Mohiuddin"s trial — a high profile trial observed by the world community and human rights organizations — followed due process.

The bill also claims that Mohiuddin was merely manning a roadblock on August 15, 1975, and that he "had no knowledge of, nor did he support, the violent coup that erupted that night."

Again, this claim in the bill directly contradicts the 9th Circuit’s ruling. In the ruling the court wrote: "Ahmed is ineligible for asylum and withholding of removal for two reasons:

  • Because he engaged in terrorist activity,
  • Because he assisted or otherwise participated in the persecution of others on account of their political opinion. Even his own account of his actions established that he assisted or otherwise participated in the persecution of persons on account of their political opinion."
    Perhaps the most inexplicable part of the bill is its reference to the Indemnity Act. The bill states "…when Sheikh Hasina Wajed, daughter of the assassinated prime minister, came to power, and then broke her promise to respect the Bangladeshi constitutional amendment which provided immunity to officers involved in the 1975 coup. Rather, Sheikh Hasina Wajed orchestrated the repeal of the constitutional amendment."

The congressman, in the bill, seems to be advocating immunity for the murderers of Bangabandhu Sheikh Mujibur Rahman and his family. It is difficult to understand why a US congressman would suggest that repealing of a grant of immunity to murderers of children and pregnant women should be called into question.

Congressman McDermott’s bill is based on false or misleading information. It claims as facts the many arguments Mohiuddin and his supporters have been publicly making, but failed to prove them in US courts of law where facts and evidence count.

By introducing the private bill, congressman McDermott has staked his reputation on the word of a convicted murderer who has been found to engage in terrorist activity by US courts of law.

At a time when the United States is engaged in a global war on terror, a Congressional intervention on behalf of an individual deemed to have engaged in terrorist activity is an extraordinary step.

Given the political sensitivity of the bill, and its awkward position within the war on terror, it is highly unlikely that the bill will ever become law. However, for Mohiuddin to get a stay of deportation the bill does not have to become law.

If the House Immigration Subcommittee takes up the bill and requests a report from the US immigration authorities, it would result in a stay of deportation. All indications are that the Subcommittee has not taken up Mohiuddin’s private bill — if it had, a stay of deportation would have already occurred.

Without such action it will be an uphill battle for Mohiuddin’s lawyers to convince the judge at Tuesday’s hearing to order a stay of deportation. It is almost a certainty that the subcommittee chairwoman will be lobbied hard on behalf of Mohiuddin in the coming days.

Having lost his asylum bid in the US courts, Mohiuddin is now appealing to American politicians to continue to evade justice. American politicians, such as congressman Jim McDermott, are now confronted with a choice between the rule of law and the word of a convicted killer.

By introducing the private bill on behalf of Mohiuddin congressman McDermott may have bought Mohiuddin a few more days of evading justice. But at what cost?

Mashuqur Rahman is a Virginia-based blogger and a member of the Drishtipat Writers’ Collective.

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Posted in Bangladesh, Foreign Policy, Immigration, Published Articles, Terrorism | 18 Comments

Curt Weldon’s Visit To Bangladesh

Posted on June 1, 2007 by Mash

Former Congressman Curt Weldon visited Bangladesh earlier this year as part of a "US security delegation." His trip was widely reported in the Bangladeshi press. The fact that he was a former congressman was conveniently left out giving the impression to the average Bangladeshi reader that he represented official US government positions.

Today the Bangladeshi English language newspaper New Age published an op-ed coauthored by Tazreena Sajjad and me about Curt Weldon’s visit. Our op-ed was based in large part on the excellent research done by mrs panstreppon at TPMCafe.

The op-ed is reprinted below:

———-

Weldon’s visit to Bangladesh

by Mashuqur Rahman and Tazreena Sajjad

It was recently reported in the Bangladeshi press that a US security delegation that visited Bangladesh in March had asked President George W Bush to give Bangladesh ‘high priority’ as a strategic partner in US foreign and national security policies. Naturally, it raised some alarm bells among the concerned citizens. However, upon further investigations some interesting facts about Weldon and his interests have emerged and questions remain concerning his recent visit.

The US security delegation, it was reported, included ‘US Congressman Curt Weldon’. Weldon, however, is no longer a United States congressman. He was defeated in the November 2006 US congressional elections by the Democratic Party candidate Joe Sestak. According to press reports in the US, Weldon is currently under investigation by the Federal Bureau of Investigation for alleged corruption.

Weldon is currently the chief strategic officer of Defence Solutions Incorporated, a small privately-owned company headquartered in Pennsylvania that does defence-related contracting. Weldon began working for Defence Solutions in February 2007. Other members of the delegation that visited Bangladesh in March 2007 included Timothy Ringgold, chief executive officer of Defence Solutions, and Michael Kearney, a programme manager at Defence Solutions.

Defence Solutions is one of many small businesses that vie for contracts from the US government. Although the company was established in 2001, public federal procurement records show that it started to generate revenue from federal contracts in 2005. In the past two years, Defence Solutions has generated less than $1.9 million from US federal government contracts, mostly from the defence department. Defence Solutions also has offices in Israel and Hungary. According to the company’s website, from its Israeli office, Defence Solutions aims to introduce Israeli technologies and solutions to the US defence market. From its Hungary office, the company supports contracts related to the Iraq War. In 2005 Defence Solutions refurbished and delivered to the Iraqi Army seventy seven Soviet-made T-72 main battle tanks donated by Hungary. The Washington Times newspaper has referred to Defence Solutions as an international arms dealer.

Weldon did not visit Bangladesh as a US government official, but rather as a private citizen apparently lobbying to acquire business for his company. It was also reported in the Bangladeshi press that Weldon and his delegation belonged to the Global Alliance for Homeland Security. Information on GAHS is difficult to come by in the United States. What is known is that GAHS is a private organisation with ties to Bangladesh. While researching Weldon’s visit to Bangladesh, a writer at the American political blog TPMCafe.com located the company registration information for the organisation. It was registered as a non-profit organisation with New York State in late September of 2006.

GAHS gives as its mailing address an apartment in Woodside, Queens, New York. The same apartment is the mailing address for two other non-profit organizations called the American Bangladesh Friendship Society Incorporated and the American Bangladesh Friendship Club Incorporated. This apartment is also the mailing address of the Bangladeshi businessman listed in US government records as the president of the American Bangladesh Friendship Society. This Bangladeshi businessman, using the Woodside apartment as a mailing address, is also listed as the president of an organisation called World Human Rights and Development Incorporated which is registered in New York State. This last organisation, which boasts three members on its website, lists Weldon as a co-chairman.

Weldon is a controversial figure in the US. While he hailed Bangladesh government’s anti-corruption drive at Jatiya Press Club in March, Weldon himself remains under investigation in the US for alleged corruption. In October 2006 the Washington Post reported that a federal grand jury had been impanelled in Washington DC to determine whether Weldon had illegally used his political influence when he was Congressman to win lucrative contracts and favours for his family members. Weldon is under investigation for allegedly steering a lucrative contract from a Serbian businessman to his daughter. The Serbian businessman is barred from visiting or doing business with the United States because of his ties to former Serbian dictator Slobodan Milosevic. Weldon was allegedly trying to get the Serbian businessman off the US blacklist in the same year Weldon’s daughter received the lucrative business from the Serbian businessman’s family. Weldon is also under investigation for a consulting contract his daughter received from a Russian company, Itera, worth $170,000 in start up fee and $300,000 more in monthly retainer fees. Weldon has taken trips paid for by Itera and has advocated for Itera’s interests. As part of the investigation into alleged corruption by Weldon, FBI agents raided the homes of his daughter and one of his closest political supporters.

It is unclear how much influence Weldon still carries in Washington, given the ongoing investigation. He is also barred by ethics rules from directly lobbying the US Congress for one year after leaving office. It is also unclear who Weldon is lobbying for when, in his letter to President Bush, he calls for ‘enhanced military-to-military’ and ‘civilian-to-military’ programmes and visits. In his current capacity as the chief strategic officer of Defence Solutions Incorporated his primary responsibility is to lobby for and acquire business for his company.

Questions remain about the timing of Weldon’s visit, the motives of Defence Solutions and the nature of its relationship with the Global Alliance for Homeland Security. However, it should be clear that the delegation that visited Bangladesh in March did not represent the US government. Rather, it consisted primarily of senior management of the private company called Defence Solutions. The company, it seems, is interested in securing contracts from Bangladesh as well as the US. Defence Solutions does not represent the US government — it is one of thousands of companies that seek to do business with the government. Similarly, Weldon does not represent the US Congress. He is a former congressman who is now a private citizen working for a private company. Any other representation would be a misrepresentation of the facts.

Mashuqur Rahman is a Virginia-based blogger. Tazreena Sajjad is a PhD candidate at American University, Washington D.C. They are both members of the Drishtipat Writers’ Collective.

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Posted in Bangladesh, Foreign Policy, General, Published Articles | 4 Comments

Himal Southasian Cover Feature on Bangladesh

Posted on June 1, 2007 by Mash

Himal Southasian Magazine June 2007 IssueBangladesh is the cover feature of the June 2007 issue of Himal Southasian magazine, published from Nepal. There are three feature articles and seven short articles on the current situation in Bangladesh. One of the short articles was written by me.

Two articles on Bangladesh in the May issue of Himal Southasian magazine were banned in Bangladesh because they were critical of the military government. It remains to be seen if the current issue will be allowed to be distributed in Bangladesh.

The three feature articles are:

The seven short articles, including mine, are under the heading "Under the emergency: seven takes". I wrote my article as a member of the Drishtipat Writers’ Collective, a diverse group of writers of Bangladeshi origin who are concerned about the future of democracy in Bangladesh.

My article is reprinted below:

———-

C = M + D – A

When Iajuddin Ahmed declared a state of emergency on 11 January after two months of political turmoil, he assured Bangladeshis that a newly constituted caretaker government would “hold a free, fair, neutral and acceptable election to Parliament within the shortest possible time, in consultation with all parties concerned”. In spite of the state of emergency, Bangladesh breathed a collective sigh of relief.

That relief has now dissipated, and in its place is mounting concern. The caretaker government’s mandate to hold ‘free and fair’ elections has now mutated into an all-encompassing anti-corruption drive. The business of holding elections has taken a back seat to the business of rounding up politicians on corruption charges. A ban on political activities, the suppression of fundamental rights, and intimidation of the press have contributed to creating a state of dire uncertainty.

While the reduction of corruption, rampant in Bangladesh, is a laudable and important goal, it is far from clear that an anti-corruption drive by an unaccountable government can indeed be successful. On the contrary, all the conditions exist today for the further corruption of the political system in Bangladesh. The World Bank often uses the following formula for parsing corruption: C = M + D – A, where corruption (C) equals monopoly power (M) combined with discretion by public officials (D) minus accountability (A). According to this formula, the current caretaker government’s monopoly over all instruments of state power; its powers of arbitrary arrest without warrant, and its detention of citizens without due-process rights; and the limitations it has placed on the press as the citizens’ watchdog, all conspire to undermine the government’s stated goal of reducing corruption.

The crucial element of fighting corruption – accountability – is conspicuously missing from the current framework. Though the leaders of the caretaker government may have good intentions, the government itself, operating under a state of emergency, is institutionally stacked against them.

It is time for Iajuddin Ahmed’s caretaker government to return to its original and constitutionally supportable mandate of holding free and fair elections. To do that, a dialogue must start with the country’s political parties, to begin work on electoral reform; shackles on the press must be undone so that free flow of information, so essential to accountability, is guaranteed; and those who have committed crimes, including stealing from the public coffers, need to be brought before the courts with full due process. But time is not on the caretaker government’s side. It has a job to do – and needs to do it expeditiously.

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Posted in Bangladesh, General, Published Articles | 2 Comments