Relevant clauses of the Bangladesh, India and Pakistan Tripartite Agreement signed on April 9, 1974:
13. The question of 195 Pakistani prisoners of war was discussed by the three Ministers, in the context of the earnest desire of the Governments for reconciliation, peace and friendship in the sub-continent. The Foreign Minister of Bangladesh stated that the excesses and manifold crimes committed by these prisoners of war constituted according to the relevant provisions of the U.N General Assembly Resolutions and International Law, war crimes, crimes against humanity and genocide, and that there was universal consensus that persons charged with such crimes as the 195 Pakistani prisoners of war should be held to account and subjected to the dues process of Law. The Minister of State for Defense and Foreign Affairs of the Government of Pakistan said that his Government condemned and deeply regretted any crimes that may have been committed.
14. In this connection the three Ministers noted that the matter should be viewed in the context of the determination of the three countries to continue resolutely to work for reconciliation. The Minister further noted that following recognition, the Prime Minister of Pakistan declared that he would visit Bangladesh in response to the invitation of the Prime Minister of Bangladesh and appeal to the people of Bangladesh, to forgive and forget the mistakes of the past. Similarly, the Prime Minister of Bangladesh had declared with regard to the atrocities and destruction committed in Bangladesh in 1971 that he wanted the people to forget the past and to make a fresh start, stating that the people of Bangladesh knew how to forgive.
15. In the light of the foregoing and, in particular, having regard to the appeal of the Prime Minister of Pakistan to the people of Bangladesh to forgive and forget the mistakes of the past, the Foreign Minister of Bangladesh stated that the Government of Bangladesh has decided not to proceed with the trials as an act of clemency. It was agreed that the 195 prisoners of war may be repatriated to Pakistan along with the other prisoners of war now in process of repatriation under the Delhi Agreement.
16. The Minister expressed their convictions that the above agreements provide a firm basis for the resolution of the humanitarian problems arising out of the conflict of 1971. They reaffirmed the vital stake of seven hundred million people of the three countries have in peace and progress and reiterated the resolve of their Governments to work for the promotion of normalization of relations and the establishment of durable peace in the sub-continent.
Signed in New Delhi on April 9, 1974 in three original, each of which is equally authentic.
Dr.Kamal Hossain, Foreign Minster of the Government of Bangladesh,
Sardar Swaran Singh, Minister of External Affairs, Government of IndiaS
Mr.Aziz Ahmed, the Minister of State for Defense and Foreign Affairs of the Government of Pakistan
The Foreign Minister of Bangladesh stated that the Govt of Bangladesh has decided not to proceed with the trials as an act of clemency. It was agreed that the 195 prisoners of war may be repatriated to Pakistan along with the other prisoners of war now in process of repatriation under the Delhi Agreement.
TRIPARTITE AGREEMENT BETWEEN INDIA, BANGLADESH AND PAKISTAN FOR NORMALISATION OF RELATIONS IN THE SUB-CONTINENT
New Delhi, April 9, 1974http://www.virtualbangladesh.com/history/tri.html
On Fri, Nov 16, 2012 at 11:26 AM, Isha Khan <email@example.com> wrote:
Sheikh Mujib accepted formal apology
When the Sheikh Mujib govt in 1974 wanted to try 195 Pakistani POWs
held in Indian custody, then Pakistani foreign minister (concurrently
minister of state for defence), Aziz Ahmed, gave in writing a
condemnation and regret for the crimes of his nation's forces in East
Pakistan in 1971. That document constituted an integral part of the
tripartite agreement of 9 April 1974. Sheikh Mujib accepted that
document as a formal apology and said, "We want to forget the past and
make a fresh start."
Holiday, November 16, 2012