Canadian Federal Court declares BNP a ‘terrorist’ organization

অনলাইন ডেস্ক পঠিত: 80 বার

প্রকাশিত: July 10, 2017 | 11:34 PM

Shamim Ahmed : Recently the Canadian Federal Court, in two occasions, declared that the BNP is an organization that “engages, has engaged or will engage in terrorism”. The declaration was given during the disposal of the asylum cases filed by two Bangladeshi nationals who applied for permanent residence in Canada as protected persons. The applications were rejected by the Canadian Immigration Officers as well as by the Federal Court of Canada. 02. The declaration of Canadian authorities as well as the Federal Court of Canada has come as no surprise to the people of Bangladesh having seen the activities of BNP and its ally political ally Jamaat-¬‐e-¬‐Islami during the recent years; particularly the acts of indiscriminate violence under the pretext of boycotting and disrupting the 2014 general elections. Their acts of terror continued after the election as well as during the first anniversary of the election in 2015 causing unprecedented loss of lives and properties. The Verdicts of Canadian Federal Court: 03. Mr. Mohammad Jewel Hossain Gazi, a member of Jatiyatabadi Shwecchashebok Dal (a subgroup of BNP) and Mr. Naseem Al Janna Chowdhury, a member of BNP (2011-¬‐12) and Islami Chhatra Shibir (2010) separately applied for political asylum under the Immigration and Refugee Protection Act of Canada. However both the applications were rejected by the concerned Senior Immigration Officers. The applicants then applied for judicial review in the Federal Court. In both cases the judicial review applications had been dismissed (in February 2017 and May 2017 respectively) on the grounds of inadmissibility pursuant to their membership to an organization (BNP) which, according to the Court engages, has engaged or will engage in acts of terrorism’. While it mostly shed lights onto the workings of BNP, particularly its wanton violence in separate phases in 2013-¬2014 and 2015, it also touches on the violent nature of BNP during its tenure in office from 2001-¬2006. 04. In the judgment the Canadian Federal Court made some important observations on the violent nature and activities of BNP, primarily based on comments of Mr. Jewel Hossain Gazi. In his testimony to the Canada Border Services Agency Mr. Gazi indicated that the BNP is a ‘party that uses armed struggle or violence to reach political objectives.’ He specified that when there was a strike, the party used ammunitions and arms’. The BNP “uses arms like a war. They use hand bombs, pistols, and big swords. They attack the leading government’s people at the time strike or procession.” The former activist stated that BNP“…uses sticks to hit people and shoot pistols at people and throw hand bombs. They burn the stores.” He also stated that he was asked by his party numerous times‘ to throw cocktails’ (homemade crude bombs). He also admitted that he witnessed people being hurt by members of the BNP. He narrated that about two months prior to his arrival in Canada, the BNP members approached a car that was running, took the passengers outside, and beat them up. 05 In reaching the conclusion that it is indeed reasonable to believe that the BNP was, is,or will engage in terrorism the Court looked at several reports from such sources as BBBC, AFP, Institute of Commonwealth Studies, Foreign Policy Magazine, Economist, the South Asian Terrorism Portal and the Human Rights Watch, which showed the involvements, especially in recent years, in such tactics as forcibly enforcing strikes, costing a terrible economic price for the strikes, mounting firebomb attacks, causing deaths from arson attacks on buses, killing of civilians during the strikes, implementing targeted attacks on villages, attacking religious minorities, attacking polling stations, burning down schools, using street children to throw petrol bombs and creating and detonating Explosives to press home their demands. In the case of Mr. Nasim Al Janna Chowdhury, the Court even referred to the reports of the Guardian regarding the use of violence by BNP when it was last in power from 2001 to 2006. The Court takes note of the report of International Crisis Group which describes that ‘BNP’s performance in office between 2001 and 2006 as marred by rampant corruption, heavy handed use of force, poor governance and alliance with Islamist parties that allowed Islamist groups to expand their space.’ 06 The immigration officer, while rejecting the application of Mr. Gazi, said that, ‘BNP’s continued reliance on hartals as a tool to coerce the government by creating significant economic disruption as well as the incidences of violence that resulted from the implementation of the hartals caused by BNP members are sufficient to find that the BNP constituted terrorist acts.’ In this regard the Court concluded: “The hartals employed by the BNP have significant economic impact on Bangladesh’s economy and have resulted in both substantial damage to property and both death and serious bodily harm caused by BNP activists and members as well as disruptions in services.” He added that these tactics rise above simple peaceful protest or advocacy. He also notedthat he reasonably believes that BNP implicitly condoned the use of violence, as they never took a strong stance against them, only meekly condemning some incidents after they had taken place. The Court also noted that the BNP’s Constitution does not in fact contain any express disavowal of violence. The Acts of Terror by BNP-¬‐Jamaat Combine 07 Throughout 2013, BNP-¬‐Jamaat combine orchestrated mindless violence centering the trials and verdicts of International Crimes Tribunals, Bangladesh (ICT BD) which coincided with its mayhem conducted in the run up to the elections of 5 January 2014. 54 people were killed in the violence of BNP and Jamaat surrounding the 2014 general elections. On the day of election nearly 26 people were killed including Election Presiding Officers. 20 members of law enforcement agencies lost their lives during this time while performing their duties. As the campaign of violence targeted thousands of vehicles, mostly commuter buses, thousands received third degree burn injuries, many handicapped for life. Government offices, power stations, business enterprises, roadside vending stalls, railway tracks, mosques, temples and pagodas, all came under attack. Schools even were not spared, with 582 schools being burnt on Election Day. . 08. In a repeat of violence, starting from 4 January 2015, BNP and its allies embarked on yet another terror campaign. This spate of violence resulted in the deaths of 231 people (mostly through arson and petrol bomb attacks) and injured (mostly through burning) 1,180 others. The Burn Unit of Dhaka Medical College Hospital was overflowing with such victims. Arson attacks were conducted to /burn 2,903 cars, 18 rail carriages and 8 passenger water vessels. Through targeted attacks, 70 government offices were vandalized and/or destroyed and 6 land offices were burnt. It may be mentioned here that, BNP-¬‐Jamaat’s attacks on religious minorities and Awami League activists and supporters following the 2001 election have also been widely documented and reported internationally, by organizations as Amnesty International, the Canadian Government, Freedom House and the US State Department. Reactions from International Community. 09. The judgment of the Canadian Court appears to be a logical conclusion of a process of international assessment of BNP-¬‐Jamaat combines’ behaviours via-¬‐a-¬‐vis Bangladesh’s upcoming election. In this regard it is relevant to refer to the European Parliament’s Resolution 2014/2516 (RSP) adopted on 16 January 2014, in which, the European Parliament,-¬‐“Strongly condemns the killings and widespread violence which erupted throughout the country iiin the run-¬‐up to and during the January 2014 elections, especially attacks on religious and cultural minorities and other vulnerable groups; expresses serious concern at the paralysis of everyday life in Bangladesh on account of strikes and blockades…”-¬‐(referring to the BNP’s continued alliance with radical Jamaat e Islami,)“… urges the BNP to unequivocally distance itself from Jamaat-¬‐e-¬‐Islami…”-¬‐“Stresses that parties which turn to terrorist acts should be banned”; In another Resolution no. 2014/2834 (RSP) adopted in 18 September 2014, the European Parliament once again‘… strongly condemns violent attacks by opposition groups against both civilian and government targets; calls on opposition groups to engage only in peaceful protests’. 10. The Government of Prime Minister Sheikh Hasina has been leading the country in a strong, coordinated and balanced way to win against all odds and maintain the growth momentum to build the ‘Sonar Bangla’ (Golden Bengal) as envisioned by the Father of the Nation Bangabandhu Sheikh Mujibur Rahman, which is reflected in the European Parliament Resolution 2014/2834 (RSP), where the EP “Commends the Government of Bangladesh for the progress made towards achieving the Millennium Development Goals, which has resulted in significant real-¬‐life improvements for millions of its citizens; further acknowledges the fact that these improvements were made under difficult domestic circumstances, including the constant threat of violent attacks by radical groups such asthe BNP-¬‐affiliated Jamaat-¬‐e Islami party;” Now the country preparing for the next parliamentary elections which the Government is committed to hold in a free, fair and impartial manner.