Telegram from the Embassy in
/1/ Source: National Archives, RG 59, Central Files 1970-73, POL 29 PAK. Secret; Nodis; Eyes Only.
8501. Eyes Only for Secretary Rogers and Assistant Secretary Sisco. Subj: Trial of Sheikh Mujibur Rahman.
1. Based on my assumption that Pres. Yahya
would speak more freely to me alone, I introduced the delicate subject of
Sheikh Mujibur Rahman's
future in a conversation with Pres. Yahya which
ensued immediately after a meeting which concluded at noon Aug. 19, the
participants of which were Pres. Yahya, AID Deputy
Administrator Maurice Williams, presidential adviser M.M. Ahmad and myself.
2. Broaching the matter, I indicated to Yahya
that I realized that I was involving myself in a discussion which was
completely an internal affair, but nonetheless I felt bold so to do inasmuch as
the manner in which it was handled by his government would definitely and decisively
affect virtually all assistance, humanitarian and economic, which my government
could institute; and, further, it would have a bearing upon the refugee problem
which had become international in character.
3. I told Yahya that most, if not all, nations
of the world were watching with intense interest and anxiety how the in-camera
trial of Sheikh Mujibur Rahman
was proceeding, and most, if not all, were seized with concern as to its
outcome./2/ I concluded by stating that I, as a friend, felt strongly obligated
to suggest (RFR [?] to admonish) that Sheikh Mujibur Rahman not be executed. Such an action, I said, would be in
my belief contrary to the best interests of his government as well as to his
own best personal interests.
/2/ On August 11 Secretary Rogers telephoned Ambassador Hilaly and expressed the widespread concern felt in the
United States over the trial as well as his hope that it might be delayed. Hilaly said that he would report the Secretary's concern to
4. Pres. Yahya said that he wanted me to know
(and for my government to know, but only on the highest levels) that my concern
in this regard was unfounded. He said that he had gotten the most qualified
Pakistani attorney, A.K. Brohi, to act as defense
counsel, that the military tribunal had been advised that the trial must be
conducted with the greatest care, without bias or prejudgment, and that the
record must be in full substantiation of whatever verdict was reached. Yahya further stated that because the charge carried the
possibility of a death sentence, it was his plan that if such the verdict be, a
request for mercy would be made in the Sheikh's behalf, and he, Yahya, would accept the petition. Yahya
observed that when this request for mercy, as aforesaid, reached him it was his
intent to "sit on it for a few months" without making a decision
until power was turned over to a civilian government.
5. It was Yahya's further observation that once
the problem of Mujibur's mercy petition became the
problem of a civilian government, there was little or no possibility that Mujibur would be executed. I finished my comments with the
remark that, "from what you have told me it is obvious that you have given
considerable thought to a solution of this problem." Yahya
replied, "I have, and you can stop worrying because I am not going to
execute the man even though he is a traitor."/3/
/3/ Farland discussed the trial of Mujibur Rahman with Yahya again on September 21. Farland
asked about press reports that the trial had ended and the tribunal had
submitted its recommendations to Yahya. Yahya responded that the trial was ongoing, and added that
at its conclusion he planned to make a transcript available to the public to
confirm that the trial had been fair and complete. Farland
asked if Yahya had given any consideration to using Mujibur after the trial as a "trump card" in
negotiating a political settlement in
Farland
Source: Document 130, volume XI,