The Awami League government has partially fulfilled its electoral pledge to hold trials over 1971 war crimes by bringing individuals to book but it is yet to make any considerable progress in trying organisations.

Since the last amendment to the International Crimes (Tribunals) Act-1973 in February 2013, which has provisions for trials of only individuals, the government has been saying necessary amendments would be made to facilitate the trial of anti-liberation organisations.

The law ministry prepared a draft to amend the law in 2014 but over the last seven years no visible steps have been taken to pass the amendment, leaving unfulfilled the demand for trial of the organisations which acted as collaborators of the Pakistani occupation forces to commit one of the deadliest genocides of the last century.

Law Minister Anisul Huq on many occasions said the government was working to amend the law but his words are yet to be translated into deeds.

Contacted on March 23, Anisul Huq told The Daily Star that the government would take necessary steps to try the organisations involved in crimes against humanity and war crimes during the Liberation War, in line with its electoral pledge.

"We are committed to try any organisation that had committed crimes against humanity and war crimes. A proposal for amendment to the International Crimes (Tribunal) Act, 1973 for trying the organisations is awaiting the cabinet's approval," the minister said.

He said they would take necessary measures to this effect after the ongoing Covid-19 pandemic was over.

But the long delay is utterly disappointing for justice-seekers and war crimes victims and their families who have long been demanding trial of anti-liberation organisations, including Jamaat-e-Islami.

Delivering its verdict in the case against former Jamaat ameer Ghulam Azam on July 15, 2013, the International Crimes Tribunal-1 observed, "…Jamaat-e-Islami, as a political party under the leadership of accused Prof Ghulam Azam, intentionally functioned as a criminal organisation, especially during the War of Liberation of Bangladesh in 1971."

Established by highly controversial Abul Ala Moududi in 1941, the Jamaat had been banned twice before the independence of Bangladesh, in 1959 and 1964, for creating communal violence.

In independent Bangladesh, the party was banned immediately after liberation but was later allowed by the Ziaur Rahman regime to do politics.

Eminent writer and war crimes researcher Shahriar Kabir said it was frustrating that the government was not taking initiative for trying the anti-liberation organisations.

"Only the individual war criminals have been tried so far after the international crimes tribunals were established. But no initiative was taken yet to try the organisations, including the then Pakistan army high command, Jamaat-e-Islami, Razakar, Al Badr, Al Shams who were directly involved in the crimes against humanity and war crimes in 1971, which is not acceptable to the war crimes victims," he told The Daily Star recently.

Shahriar Kabir also said the law minister has been saying since 2014 that the government would amend the International Crimes Tribunal Act to try the organisations but no initiative was taken yet.

He, however, argued that such organisations can be tried under the existing law.

War crimes investigators in 2014 recommended banning Jamaat and six other organisations for their involvement in grievous crimes committed during the Liberation War.

The six organisations were Islami Chhatra Sangha (ICS), Jamaat's then student wing now called Islami Chhatra Shibir, Shanti Committee, Razakar Bahini, Al Badr Bahini, Al Shams Bahini, and Jamaat's mouthpiece Daily Sangram.

The demand for the trial of Jamaat as an organisation got momentum after youths occupied the Shahbagh intersection in the capital in February 2013 calling for the highest punishment to be handed down to war criminals and a ban on Jamaat and Shibir.

Following the protests, the government amended the International Crimes (Tribunals) Act, 1973, allowing the state to appeal against inadequate sentencing.

Some legal experts at that time said the Act had no provision for handing down punishment to any organisation and that the law should be amended again before the trial starts.

So far, a total of 100 persons have been tried for 1971 crimes at two separate special tribunals with six of them executed in the last 11 years.

Besides, appeal hearings of a total 22 war-crimes related cases have been pending with the Appellate Division for around 28 months. There is no possibility of quick hearing and disposal of the appeals due to the ongoing Covid-19 pandemic.

The Awami League-led government formed the first International Crimes Tribunal (ICT-1) on March 25, 2010 in line with the party's electoral pledge to try people who committed crimes against humanity and war crimes in 1971.

The second tribunal (ICT-2) was formed on March 22, 2012, to expedite the trials. But the government kept one of the two tribunals almost dormant since September 15, 2015 following the drop of number of pending cases at the tribunals.

The ICT-1 has delivered a total of 31 judgments on war crimes related cases since February 28, 2013 to February 11 this year, while the ICT-2 has delivered 11 verdicts on such cases since January 21, 2013 to July 16, 2015, according to the information available on their websites.

According to a study of the Law Lab, a law chamber that conducts research on different legal issues, a total of 100 persons -- including 52 absconding convicted accused -- were tried so far at the two tribunals.

Of them, 67 were sentenced to death, 26 to life imprisonment, five got 20 years in jail, one (Ghulam Azam) was sentenced to 90 years' imprisonment, and one was acquitted.

A total of 34 appeals have been filed with the apex court challenging the war crimes tribunals' verdict, nine appeals were heard and settled and three appeals filed by accused -- Ghulam Azam, Mawlana Abdus Sobhan, and Abdul Alim -- were declared abated following their deaths, advocate Mohammad Shishir Manir, head of the Law Lab, told The Daily Star.

International Crimes Tribunal Registrar Sayeed Ahmed could not be reached for information and his comments on this issue despite repeated attempts over the phone.

Supreme Court spokesperson Mohammad Saifur Rahman said his office has no specific information about the pending appeals filed against the ICT verdicts.

The last war-crime related appeal hearing took place at the Appellate Division of the Supreme Court on December 3, 2019. Convicted war criminal Syed Mohammad Qaisar filed it, challenging the death penalty handed to him by a war-crimes tribunal in 2014.

However, law minister Anisul Haq said the progress so far has been satisfying.

"Prime Minister Sheikh Hasina led government was pledge-bound to bring the people, who had committed crimes against humanity and war crimes during the Liberation War, to trial. We are satisfied that the prime minister's commitment has been fulfilled as several war criminals have been convicted and sentenced to death and life imprisonment. Some of them were executed," he said.

Attorney General AM Amin Uddin told this newspaper that the government has formed the tribunals in order to fulfil the people's desire and expectations for trying the war criminals.

The tribunals have delivered several verdicts and many of the verdicts have already been executed after the apex court have disposed of the appeals and some appeals are pending with this court.

"I feel the government has fulfilled the people's expectations," he said.