The prosecution yesterday sought the capital punishment for war crimes accused Mobarak Hossain as it believes that it has successfully proved all five charges against him at the International Crimes Tribunal-1.
The 64-year-old accused got involved with Jamaat-e-Islami during the Liberation War in 1971 and joined the Awami League in the 1990s. He faces charges of killing, abduction and torture among others.
Conducting Prosecutor Shahidur Rahman and Acting Chief Prosecutor Syed Haidar Ali yesterday completed their arguments.
“It is proved through documents and witnesses' testimonies that the accused had involvement in the crimes against humanity during the Liberation War in 1971. That's why we are seeking his highest punishment,” said Shahidur Rahman.
One of the strongest arguments of the defence is Mobarak was a student of class V in 1971, and therefore it was not possible for him to commit the crimes.
The prosecution refuted the claim by showing the national identity card where Mobarak's date of birth is mentioned as January 10, 1950.
The prosecution also showed a list of Brahmanbaria's Razakar, auxiliary force to the Pakistani army, where Mobarak's name has been mentioned. The list, however, was created in 2011.
The three-member tribunal asked the prosecution to prove the authenticity of the list. But the prosecution could not provide any satisfactory answer to tribunal's query yesterday and said it would give a satisfactory answer later.
Mobarak as a commander of Razakar force substantially “participated in,” “contributed to” and “facilitated” the commission of crimes in different parts of Brahmanbaria in 1971, according to the charges in the indictment order.
The charges against Mobarak are killing of 33 unarmed civilians at Tanmandayl in Akhaura; capture of a Hindu temple, renaming Anandamoyee Kalibari as Razakar Manzil and torturing Ashu Ranjan to death; abduction and murder of Abdul Khaleque of Satian village; abduction and torture of Khadem Hossain Khan; and abduction of Abdul Malek of Kharampur and killing of Mohammad Siraj.
The defence will place its arguments today.