An application was made last week to the international crimes tribunal claiming focusing on an article/post written on this blog which was written in 2011, over two and a half years ago, concerning the number of people killed in 1971 and claiming that it is contemptuous.
The article was written in the context of a statement contained in the historical introduction of the charge-framing order (i.e indictment) delivered by tribunal-1 against Delwar Hosain Sayedee on 3 October 2011. It stated:
'As a result [of the actions of the Pakistan military, and the role of the collaborators] '3 million (thirty lacs) people were killed more than 200,000 (two lacs) woman raped, about 10 million (one crore) people deported to India as refugees and million others were internally displaced...'.See here some my response to this contempt application
I thought it would be interesting to see how the nine subsequent final tribunal judgements, all delivered in 2013, have dealt with the issue of the 1971 death toll.
Please note that this is simply a factual analysis of the judgements. Nothing more
Summary of findings
The relevant excerpts of each of the judgements are set out below, however the following points can be made about them
- in all of the 9 judgements, it is stated that about 3 million people were killed in the war, and about 250,000 women were raped.
- Tribunal 2: the six judgements from tribunal 2 (Azad, Mollah, Quamrazzuman, Mojahid, Alim, Mueen Uddin/Ashrafuzzaman Khan) do not contain references to material that directly support the estimate of 3 million dead.
However, there is reference in all the tribunal-2 judgments (except the one relating to Mueen/Khan) to a researcher on genocide who is quoted as stating, '[The pakistan military] also planned to indiscriminately murder hundreds of thousands of its Hindus and drive the rest into India.' (emphasis added)
In addition, in all the tribunal-2 judgments (other than ones relating to Azad and Mueen/Khan) there is a quote from an article published in October 1971 (two months before the end of the war) in a Venezuelan magazine called SUMMA, which states that 'Between 26 March—the date of invasion— and this moment, the dead reach more than a million, and every day 30,000 persons leave East Pakistan and take refuge in Indian territory.' (emphasis added)
- Tribunal 1: There are three judgments given by tribunal-1. In the judgement of Sayedee, there is no reference to any research on number of those who died.
- the judgement in Golam Azam refers to:
- A May 1971 newspaper report which stated, '[River side vultures ... have fed on perhaps more than a half million bodies since March;
- a report published in the Daily Observer on 4 January 1972 which stated, 'More than 75,000 persons were killed in the district of Dinajpur by the Pakistan occupation forces and their collaborators during the last nine months, according to the preliminary reports of an unofficial survey says ENA. The Survey revealed that besides mass killing, about 20,000 women were
dishonoured by the Pakistani occupation forces and their agents in the district.'
- a report a day later in the same paper, 'The Communist party news paper ‘pravda’ has reported that over 30 lakh persons were killed throughout Bangladesh by the Pakistan occupation forces during the last nine months.'
- a report on the 8 January in the same paper, quoting unofficial sources as saying that over one lakh killed in Khulna town
- another report on 18 January about the Pakistan Army killing 30,000 persons in Hajigang in Comilla
- another report, written from Thakurgaon in February that stated that 'During nine months of their occupation the Pakistan Army had killed nearly one thirtieth of the total of ten lakh population in the Sub-Division.'
- a report in the Daily Azad in February, that 'Chancellor of Dhaka University firmly declared that during war of Liberation, Pakistan occupation forces killed more than 30 lakh people.'
- a book by Robert Payne which quotes Yahya Khan as saying that “Kill three million of them and the rest will eat out of our hands”. (emphasis added)
- in the judgement of Salauddin Quader Chowdhury, there is a particular section titled 'How many people were killed (Shaheed) during the War of Liberation of Bangladesh in 1971' which repeats a number of sources set out in the Azam judgement (see above), and also quotes from a book by Zafa Iqbal: “How many people were killed in Bangladesh is not known for sure there are several different estimates in the media. According to the 1984 world Almanac, it is a million. According to the New York Times (22 December 1972) it is between half to one and a half million. According to the compton’s Encyclopedia and the the Encyclopedia Americana, it is three million (52). The exact number may never be known. In Bangaldesh today, the number is said to be three million.” It ends by saying:
Extracts from JudgmentsOn perusal of old documents such as books, articles, newspapers of both local and foreign media, government and NGO reports, we are led to hold that during the law of Liberation of Bangladesh in 1971, at least 3 million people were killed by the Pakistan occupation forces and their collaborators. This number of death-roll has been accepted by the people of Bangladesh as true as it is based on old documents cited above. The facts of killing 3 million people, torture, rape and genocide of Bangaldesh in 1971 has become a part of world history, a classic instance of a “fact of common knowledge.”
TRIBUNAL TWO
Abul Kalam Azad (22 Jan 2013)
The tribunal stated:
3. ... Some three million people were killed, nearly quarter million women were raped and over 10 million people were forced to flee to India to escape brutal persecution at home, during the nine-month battle and struggle of Bangalee nation. ...
4. A well-known researcher on genocide, R.J. Rummel, in his book Statistics of Democide: Genocide and Mass Murder Since 1900, states: “In East Pakistan [General Agha Mohammed Yahya Khan and his top generals] also planned to murder its Bengali intellectual, cultural, and political elite. They also planned to indiscriminately murder hundreds of thousands of its Hindus and drive the rest into India. And they planned to destroy its economic base to insure that it would be subordinate to West Pakistan for at least a generation to come.”5. Women were tortured, raped and killed. With the help of its local collaborators, the Pakistan military kept numerous Bengali women as sex slaves inside their camps and cantonments. Susan Brownmiller, who conducted a detailed study, has estimated the number of raped women at over 400,000.Molla Judgement (5 Feb 2013)
[Source: http://bangladeshwatchdog1.wordpress.com/razakars/]
The tribunal stated:
6. ... Some three million people were killed, nearly quarter million women were raped and over 10 million.people were forced to take refuge in India to escape brutal persecution at home, during the nine-month battle and struggle of Bangalee nation. ....7. A well-known researcher on genocide, R.J. Rummel, in his book Statistics of Democide: Genocide and Mass Murder Since 1900, states: “In East Pakistan [General Agha Mohammed Yahya Khan and his top generals] also planned to murder its Bengali intellectual, cultural, and political elite. They also planned to indiscriminately murder hundreds of thousands of its Hindus and drive the rest into India. And they planned to destroy its economic base to insure that it would be subordinate to West Pakistan for at least a generation to come.”8. Women were tortured, raped and killed. With the help of its local collaborators, the Pakistan military kept numerous Bengali women as sex slaves inside their camps and cantonments. Susan Brownmiller, who conducted a detailed study, has estimated the
number of raped women at over 400,000.
[Source: http://bangladeshwatchdog1.wordpress.com/razakars/] ...14. A report titled ‘A Country Full of Corpses’ published in SUMMA Magazine, Caracas, October 1971 speaks that “The extermination of the Jewish people by the Nazi regime, the atomic crime of Hiroshima and Nagasaki, the massacre of Biafra, the napalm of Vietnam, all the great genocides of humanity have found a new equivalent: East Pakistan. Despite the world press having supplied a clear exposition of facts, the people do not appear to have raised that at this moment—and again in Asia—millions and millions of human beings face destruction of their life and mother land ..... A pathetic view of the tragedy is given to us by the fact that in a single night in the city of Dacca were killed 50,000 persons by the invading army. Between 26 March—the date of invasion— and this moment, the dead reach more than a million, and every day 30,000 persons leave East Pakistan and take refuge in Indian territory." [Source: Bangladesh Documents- Volume II , page 76]Md Quamaruzzan (9 May 2013)
The tribunal stated:
6. Some three million people were killed, nearly quarter million women were raped and over 10 million people were forced to take refuge in India to escape brutal persecution at home, during the nine-month battle and struggle of Bangalee nation. ...
10. A well-known researcher on genocide, R.J. Rummel, in his book ‘Statistics of Democide: Genocide and Mass Murder Since 1900’, states: “In East Pakistan [General Agha Mohammed Yahya Khan and his top generals] also planned to murder its Bengali intellectual, cultural, and political elite. They also planned to indiscriminately murder hundreds of thousands of its Hindus and drive the rest into India. And they planned to destroy its economic base to insure that it would be subordinate to West Pakistan for at least a generation to come.”
11. Women were tortured, raped and killed. With the help of its local collaborators, the Pakistan military kept numerous Bengali women as sex slaves inside their camps and cantonments. Susan Brownmiller, who conducted a detailed study, has estimated the number of raped women at over 400,000. [Source: http://bangladeshwatchdog1.wordpress.com/razakars/] ...
15. A report titled ‘A Country Full of Corpses’ published in SUMMA Magazine, Caracas, October 1971[Source: Bangladesh Documents- Volume II, page 76] speaks that “The extermination of the Jewish people by the Nazi regime, the atomic crime of Hiroshima and Nagasaki, the massacre of Biafra, the napalm of Vietnam, all the great genocides of humanity have found a new equivalent: East Pakistan. Despite the world press having supplied a clear exposition of facts, the people do not appear to have raised that at this moment—and again in Asia—millions and millions of human beings face destruction of their life and mother land..................................A pathetic view of the tragedy is given to us by the fact that in a single night in the city of Dacca were killed 50,000 persons by the invading army. Between 26 March—the date of invasion—and this moment, the dead reach more than a million, and every day 30,000 persons leave East Pakistan and take refuge in Indian territory." ...637. C.L. Sulzberger wrote in the New York Times, June 16, 1971 describing the horrific nature and untold extent of atrocities committed in the territory of Bangladesh. It shakes the conscious of mankind. It imprints colossal pains to the Bangalee nation. C.L. Sulzberger wrote that: “Hiroshima and Nagasaki are vividly remembered by the mind’s eye primarily because of the novel means that brought holocaust to those cities. Statistically comparable disasters in Hamburg and Dresden are more easily forgotten; they were produced by what we already then conceived of as “conventional” methods. Against this background one must view the appalling catastrophe of East Pakistan whose scale is so immense that it exceeds the dolorimeter capacity by which human sympathy is measured. No one can hope to count the dead, wounded, missing, homeless or stricken whose number grows each day."[Source: Bangladesh Documents: Volume, page 442: Ministry of External Affairs, New Delhi]Abdul Alim (9 Oct 2013)Mujahid (17 July 2013)The tribunal stated:
5. Some three million people were killed, nearly quarter million women were raped and over 10 million people were forced to take refuge in India to escape brutal persecution at home, during the nine-month battle and struggle of Bangalee nation.10. A well-known researcher on genocide, R.J. Rummel, in his book ‘Statistics of Democide: Genocide and Mass Murder Since 1900’, states: “In East Pakistan [General Agha Mohammed Yahya Khan and his top generals] also planned to murder its Bengali intellectual, cultural, and political elite. They also planned to indiscriminately murder hundreds of thousands of its Hindus and drive the rest into India. And they planned to destroy its economic base to insure that it would be subordinate to West Pakistan
for at least a generation to come.” ....13. A report titled ‘A Country Full of Corpses’ published in SUMMA Magazine, Caracas, October 1971[Source: Bangladesh Documents- Volume II, page 76] speaks that “The extermination of the Jewish people by the Nazi regime, the atomic crime of Hiroshima and Nagasaki, the massacre of Biafra, the napalm of Vietnam, all the great genocides of humanity have found a new equivalent: East Pakistan. ……… A pathetic view of the tragedy is given to us by the fact that in a single night in the city of Dacca were killed 50,000 persons by the invading army. Between 26 March—the date of invasion—and this moment, the dead reach more than a million, and every day 30,000 persons leave East Pakistan and take refuge in Indian territory. “630. C.L. Sulzberger wrote in the New York Times, June 16, 1971 describing the horrific nature and untold extent of atrocities committed in the territory of Bangladesh. It shakes the conscious of mankind. It imprints colossal pains to the Bangalee nation. C.L. Sulzberger wrote that- “Hiroshima and Nagasaki are vividly remembered by the mind’s eye primarily because of the novel means that brought holocaust to those cities. Statistically comparable disasters in Hamburg and Dresden are more easily forgotten; they were produced by what we already then conceived of as “conventional” methods. Against this background one must view the appalling catastrophe of East Pakistan whose scale is so immense that it exceeds the dolorimeter capacity by which human sympathy is measured. No one can hope to count the dead, wounded, missing, homeless or stricken whose number grows each day. “ [Source: Bangladesh Documents: Volume I, page 442: Ministry of External Affairs, New Delhi]
The tribunal stated:6. Some three million people were killed, nearly quarter million women were raped and over 10 million people were forced to take refuge in India to escape brutal persecution at home, during the nine-month battle and struggle of Bangalee nation. ....12. A report titled ‘A Country Full of Corpses’ published in SUMMA Magazine, Caracas, October 1971[Source: Bangladesh Documents- Volume II, page 76] speaks that: “The extermination of the Jewish people by the Nazi regime, the atomic crime of Hiroshima and Nagasaki, the massacre of Biafra, the napalm of Vietnam, all the great genocides of humanity have found a new equivalent: East Pakistan. ..................................A pathetic view of the tragedy is given to us by the fact that in a single night in the city of Dacca were killed 50,000 persons by the invading army. Between 26 March—the date of invasion—and this moment, the dead reach more than a million, and every day 30,000 persons leave East Pakistan and take refuge in Indian territory. “Chowdhury Mueen Uddin/Ashrafuzzaman Khan (3 Nov 2013)
The judgement said:
5. Some three million people were killed, nearly quarter million women were raped and over 10 million people were forced to take refuge in India to escape brutal persecution at home, during the nine-month battle and struggle of Bangalee nation.TRIBUNAL 1
Delwar Hossain Sayedee (28 February 2013), Tribunal 1
The tribunal stated:
5....It was estimated that during nine month long War, about three million people were killed, nearly quarter million women were raped, and over 10 million people were deported to India causing brutal persecution upon them ...10. As a result [of the activities of the Pakistan military and their collaborators] 3 million (thirty lacs) people wete killed, more then 2 (two) lakh women raped, about 10 million (one crore) people deported to India as refugees and million others were intemally displaced. It also saw unprecedented destruction of properties all over Bangladesh.Golam Azam (15 July 2013), Tribunal 1The tribunal stated:3. In 1971, during the War of Liberation of Bangladesh, atrocities in a large scale, crimes against humanity, war crimes and genocide were committed by Pakistani forces, auxiliary forces and their associates which resulted the birth of Bangladesh as an independent country. It was estimated that during nine month long war, about three million people were killed, nearly a quarter million women were raped, and over 10 million people were deported to India causing brutal persecution upon them. ...
9. As a result [of conduct on part of Pakistani military and their local collaborators], 3 million (thirty lakh) people were killed, more then 2(two) lakh women raped, about 10 million (one crore) people deported to India as refugees and million others were internally displaced. It also saw unprecedented destruction of properties all over Bangladesh. ...75. .... From March to December 1971, the nine month long liberation war drew world’s attention because of genocide and crimes against humanity committed by Pakistani occupation forces and their collaborators which resulted by murder of approximately 3 million people and nearly a quater million girls and women were raped, leading to approximately 25,000 pregnancies. Ten million Bangalees reportedly took refuge in India to avoid the massacre of Pakistani army and thirty million people were internally displaced within the country. The above crimes undoubtedly rank first after Nazi holocaust during the Second World War( 1939-1945). ...
80. A report sent by Mort Rosenblum was published in the ‘Washinton Evening Star’ on 12 May 1971 under the caption “vultures too full to fly”. The above caption news gives a horrendous picture of mass killing happened in Bangladesh during 25 March to 12 May, 1971. It is reported that the river side Vultures used to fill up their stomachs by taking human flesh to excess that they even could not fly. If we think over the matter for a while by closing our eyes, every one will easily guess the magnitude of massacre allegedly committed by the perpetrators during the early part of the Liberation War in 1971. The report is quoted below:- “Dacca, East Pakistan:- Vultures too full to fly perch along the Ganges River in grim contentment. They have fed on perhaps more than a half million bodies since March. Civil war flamed through Pakistan’s eastern wing on March 25, pushing the bankrupt nation to the edge of ruin. The killing and devastation defy belief. From a well at Natore, fetid gasses bubble up around bones and rotting flesh. A tiny child gazes at a break in the lavender carpet of water hyacinths in a nearby pond where his parents bodies were dumped”. Source:- Dalil Patra, (Govt. Pub.) XIII Volume, page No. 304-305.
81. A news report was published in the Daily Observer on 4.1.1972 under the caption “Pak Army Killed 75,000 people in Dinajpur” which is quoted below in relevant part. DINAJPUR:- Jan-4-- More than 75,000 persons were killed in the district of Dinajpur by the Pakistan occupation forces and their collaborators during the last nine months, according to the preliminary reports of an unofficial survey says ENA. The Survey revealed that besides mass killing, about 20,000 women were dishonoured by the Pakistani occupation forces and their agents in the district. The said news report has been proved by prosecution and marked as Ext. No. 119 on 17.09.2012.82. A news report was published in the daily observer on 05.01.1972 under the caption “Pak Army killed over 30 lakh people” which is quoted below in relevant part. The Communist party news paper ‘pravda’ has reported that over 30 lakh persons were killed throughout Bangladesh by the Pakistan occupation forces during the last nine months, reports ENA. Quoting its special correspondent stationed in Dacca the paper said that the Pakistan Military forces immediately before their surrender to Mukti Bahinis and the Allied forces had killed about 8oo intellectuals in the capital city of Bangladesh alone. The said news-report has been proved by prosecution and marked as Ext. No. 120 on 17.09.2012.83. A news report was published in the ‘Daily Observer’ on 08.01.1972 under the caption “Over one lakh killed in Khulna town” which is quoted below in relevant part. KHULNA Jan 6:- Over one lakh people were killed or injured, 20 lakh pucca and kutcha houses were destroyed or burnt and an equal number of people rendered homeless partly or completely at the hands of barbarous pakistani Army and their collaborators during their nine months reign of terror in Khulna district, according to an unofficial estimate available here from various sources. The said news report has been proved by prosecution and marked as Ext. No. 121 on 17.09.2012.
84. A news report was published in the “Daily Bangladesh Observer” on 17.02.1972 under the caption “ Pak- Army killed 30,000 persons in Hajigang” which is quoted below in relevant part. COMILLA Feb.-16:- Horridness of mass killing of unarmed innocent children and women by the brute Pakistan occupation Army and their collaborators during 9 long months in Bangladesh have been coming to light everyday. In Hajiganj Police Station of Chandpur Sub-Division about 30,000 people were murdered by Pakistan bandit army reports ENA. The said report has been proved by prosecution and marked as Ext. No. 133 on 17.09.2012.85. A news report was published in “the Daily Bangladesh Observer” on 10.02.1972 under the caption “3000 women violated” which is quoted below in relevant part. THAKURGAON, Feb.-9:- During nine months of their occupation the Pakistan Army had killed nearly one thirtieth of the total of ten lakh population in the Sub-Division, violated 3000 women destroyed 8000 houses and looted all most all the valuables of the people. BSS Correspondent gathered here. The said report has been proved by the prosecution and marked as Ext. No. 164 on 18.09.2012.86. Another news report was published in the Daily Azad on 10 February 1972 which has been proved and marked as Ext. No. 229 on 18.09.2012. In a condolence meeting, Dr. Mozaffar Ahmed Chowdhury, the then vice – Chancellor of Dhaka University firmly declared that during war of Liberation, Pakistan occupation forces killed more than 30 lakh people.87. It may be recalled here that General Niazi in his book named “The Betrayal of East Pakistan” has narrated at its page Nos. 45-46 that General Tikka ordered his troops uttering “I want the land and not the people”. In continuation of such barbaric mission, the General Head quater of Army sent a massage “Burn every thing, kill everyone at sight”. The barbaric purpose of the Military Junta was not unknown to us who were in West Pakistan, when from General Head Quaters of the Pakistan Army the massage went out; “Burn everything, kill everyone in sight” Source:- ( Laurrence Lifs Chultz) Bangladesh; “The Unfinished Revolution,” page -77.
88. President Yahya Khan made a comment during struggle for Bangladesh which gives a total picture of genocide committed by the Pakistani Army and their collaborators. President Yahya commented –“Kill three million of them and the rest will eat out of our hands”. Source:- Robert Payne ‘Massacre’ page 50. ...
91. It is undeniable that during the War of Liberation of Bangladesh in 1971, Pakistani forces and their collaborators in a planned way made attacks upon unarmed civilians with intent to wipe out in whole or in part Bangalee nation and sometimes against Hindu Community as a religious group . It is evident that the perpatrators committed crimes against humanity such as mass killing, extermination, deportation, abduction, torture, rape and genocide in a large scale and such attacks were directed against unarmed civilians. These occurrences of crimes against humanity and genocide have been confirmed by old documentary evidence such as books on liberation war, scholarly articles, newspaper reporting of both local and foreign media, Government and NGO reports which deemed to have probative value. The facts of mass killing, torture, rape and genocide of Bangladesh in 1971 has become a part of world history, a classic instance of a “fact of common knowledge”. Now let us examine both oral and documentary evidence keeping those in mind as old evidence for adjudicating the charges independently.Salauddin Quader Chowdhury (1 October 2013), Tribunal 1
The tribunal stated:
5. It was estimated that during nine-month long war, about three million people were killed, nearly a quarter million women were raped, and over 10 million people were deported to India causing brutal persecution upon them. ...10. As a result [of the pakistan and their collaborators], 3 million (thirty lakh) people were killed, more then 2(two) lakh women raped, about 10 million (one crore) people deported to India as refugees and million others were internally displaced. It also saw unprecedented destruction of properties all over Bangladesh.How many people were killed (Shaheed) during the War of Liberation of Bangladesh in 1971. 261. Mr. Ahsanul Huq Hena the learned defence counsel raised a question-whether there is any death-roll in the hands of the government to show how many people were killed during the War of Liberation.
262. From the submissions of both the sides, we can gather it from the facts of common knowledge that during nine months’ war a horrendous atrocities extensively took place all over the country that it was simply impossible to collect actual numbers of killings that took place in Bangladesh. At that time millions of people were compelled to be displaced, thousands of people within the country were missing, no dead body of those persons were found, 10 million of people reportedly took refuge in India to save their lives. After the War of Liberation, some government and non-government organizations made survey in all over the country to find out actual number of dead persons, injured persons, and also to determine loss of government and private properties. The estimates of those agencies varied to each other for want of reliable information. To arrive at a decision, we may rely upon old documents which have got probative value.
263. Now let us peruse some news reporting and books about the total mass killing committed by Pakistan army and their collaborators during the War of Liberation for the purpose of taking judicial notice of it.
264. A news report was published in the ‘Daily Observer’ on 05.01.1972 under the caption “Pak Army killed over 30 lakh people” which is quoted below in relevant part. “The communist party news paper “Pravda” has reported that over 30 lakh persons were killed throughout Bangladesh by Pakistan Occupation forces during the last nine months, reports –ENA.” Source: Ghulam Azam Case-Exhibit No-120
265. Another news report was published in the ‘Daily Azad’ on 10 February 1972. The relevant part is quoted below:- “In a condolence meeting, Dr. Mozaffar Ahmed Chowdhury, the then Vice-Chancellor of Dhaka University firmly declared that during the War of Liberation, Pakistan occupation forces killed more then 30 lakh people” Source: Ghulam Azam Case-Exhibit No-229
266. President Yahya Khan made a comment during struggle for Bangladesh which gives a total picture of genocide committed by the Pakistan Army and their collaborators. President Yahya commented “kill three million of them and the rest will eat out our hands.” Source:- Robert Payne-“Massacre”page-50.
267. Muhammad Zafa Iqbal has given a data in his book which is quoted below: “How many people were killed in Bangladesh is not known for sure there are several different estimates in the media. According to the 1984 world Almanac, it is a million. According to the New York Times (22 December 1972) it is between half to one and a half million. According to the compton’s Encyclopedia and the the Encyclopedia Americana, it is three million. The exact number may never be known. In Bangaldesh today, the number is said to be three million.” Source:-“History of the Liberation War” page-19 written by Muhammad Zafar Iqbal
268. On perusal of old documents such as books, articles, news paper reporting of both local and foreign media, government and NGO reports, we are led to hold that during the War of Liberation of Bangladesh in 1971, at least 3 million people were killed by the Pakistan occupation forces and their Collaborators. This number of death-roll has been accepted by the people of Bangaldesh as true as it is based on old documents cited above. The facts of killing 3 million people, torture, rape and genocide of Bangaldesh in 1971 has become a part of world history, a classic instance of a “fact of common knowledge.”
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