Dead put in the dock!
The International Crimes Tribunal-1 yesterday came down heavily on the prosecution, investigation agency and police for giving wrong information that led to charge-framing against a dead person identified in court as a fugitive.
“You [prosecution and investigators] have maligned the image of the tribunal .... We are extremely frustrated,” it said.
On December 11 last year, the court framed charges against Wazuddin of Mymensingh in absentia and appointed a state counsel to defend him more than six months after he died.
Yesterday's response came as a private television channel the day before ran a report bringing up the matter.
The prosecution and investigation agency showed “extreme negligence”, the tribunal said.
Rebuking law enforcers, it said, “They prepare execution reports [on arrest warrants] sitting in a room. They don't go to the spot.”
The deceased man was indicted since the prosecution had submitted formal charges, identifying him as a fugitive.
“Media know the matter but you [prosecution and investigators] don't know ...,” the court said.
The tribunal didn't pass any order regarding the issue as its Chairman Justice Anwarul Haque was not present due to illness.
It asked the prosecution to give details about the deceased accused.
Earlier on several occasions, the court expressed displeasure with law enforcers' failure to arrest war crimes accused and convicts. The government formed two committees to secure the arrest of the fugitives, but there has been little change in the situation.
Until November last year, at least 87 accused and convicts were on the run. Two war crimes tribunals issued warrants for their arrest since the beginning of war crimes trial in March 2010, according to the ICT's investigation agency.
The role of law enforcers was questioned in another incident when Gazi Abdul Mannan, a fugitive war criminal from Kishoreganj, was buried by his family on December 19, the day he died of “old-age complications” in Rupganj of Narayanganj.
He had been living in a house that belonged to one of his relatives, just a few kilometres from Dhaka, and had maintained regular communications with the family, but police could not arrest him.
The prosecution had pressed five charges against Wazuddin and another accused Riaz Uddin of Mymensingh on March 23 last year and the tribunal took the charges into cognisance on March 29.
As the police submitted a report citing that Wazuddin was absconding, the tribunal on May 16 ordered the authorities to publish advertisements in two national dailies, asking him to appear before it.
Accordingly, advertisements were published on May 17 and 18.
The tribunal then framed charges against them on December 11 and fixed January 31 this year to record testimonies of prosecution witnesses.
Wazuddin's death on May 7 last year did not come to the notice of the prosecution or investigation agency, reported Private channel Somoy TV on Wednesday, though his family had informed local police of his death.
The investigation officer told the TV channel they had nothing to do if local police did not inform the court.
Meanwhile, the superintendent of police in Mymensingh yesterday sent a report to the tribunal registrar's office on the death of Wazuddin, registrar Shahidul Alam Jhinuk told The Daily Star.
It was the duty of the police to inform the tribunal timely about the death of the accused, but they did not do that, he added.
HOW IT UNFOLDED
Justice Md Shahinur Islam and Justice Md Shohrowardi took seat around 10:30am and proceeded to hear the war crimes charges pressed against four Moulvibazar men.
When Prosecutor Syed Haider Ali started to place his submission, Justice Shahinur wanted to know about the total number of accused in the case.
As Haider Ali said that of the four accused, one is in jail and the rest are on the run, the judge said, “Are you sure they [three] are absconding, or are they dead?”
“One electronic media report has come to our attention. It says investigation report has been submitted against a dead man and subsequently prosecution submitted formal charges against him [at the tribunal],” said Justice Shahinur, apparently in reference to Wazuddin case.
The judge wanted to know who the conducting prosecutor of the case was.
As Prosecutor Hrishikesh Saha stood up and tried to say something, Justice Shahinur said, “Now we are in doubt about all the fugitives in all the cases ... if they were indeed absconding or not .... You have maligned the image of the tribunal.”
“You prosecution and investigation agency showed extreme negligence,” said the judge.
Justice Shohrowardi said, “Who will inform the court if an accused dies during the course of investigation? The prosecution have to do this.”
Then Chief Prosecutor Ghulam Arieff Tipoo said it was not possible for the prosecution to collect information, going to their [accused] home, and that investigation officers were designated for this job.
At that, Justice Shohrowardi said, “As the chief prosecutor, you just can't say this.”
Justice Shahinur said, “We are extremely frustrated.”
“Won't you be alert even after this incident?” Justice Shahinur asked.
The chief prosecutor and Haider Ali said, “Sure, we will try to meet the expectation of the court.”
Then Justice Shahinur raised question over the execution report police submits following an arrest warrant issued by tribunal.
The investigation officer should step down if he/she fails to give proper information, he added.
“Go to the media ... you are maligning [the image] of the institution...Don't take the matter casually; rather take it seriously,” Justice Shahinur said.
He also mentioned the death of fugitive war criminal Abdul Mannan and Justice Shohrowardi mentioned some inconsistencies in two other cases.
“You may be hurt by our words. But you have to understand how frustrated we are ... Take it seriously because it's related to the dignity of the institution,” said Justice Shahinur.
The tribunal adjourned the hearing in Moulvibazar case until January 30.
Comments