VZCZCXRO3933
PP RUEHBI RUEHCI RUEHDBU RUEHLH RUEHNEH RUEHPW
DE RUEHKA #0132/01 0470313
ZNY CCCCC ZZH
P 160313Z FEB 10
FM AMEMBASSY DHAKA
TO RUEHC/SECSTATE WASHDC PRIORITY 0017
INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEKDIA/DIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RHHJJPI/PACOM IDHS HONOLULU HI PRIORITY

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 
 
DHAKA 00000132  002 OF 002 
 
 
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