Death penalty sought

The prosecution at the International Crimes Tribunal-1 yesterday sought capital punishment for war crimes accused Motiur Rahman Nizami for his alleged involvement in genocide and crimes against humanity during the Liberation War.
“Whatever crime was committed during the Liberation War, he [Nizami] was at the core of it. We want his capital punishment,” said prosecutor Tureen Afroz before drawing conclusion to her arguments.
The prosecution for the second time sought capital punishment for Nizami as the three-member tribunal had decided to rehear the closing arguments due to its reconstitution after retirement of its former chairman.
One of the charges brought against Nizami is his alleged involvement in killing intellectuals -- Dr Abdul Alim Chowdhury and Azharul Huq -- and another charge is related to killing Hindu people at Brisharikha on December 3, 1971.
Prosecutor Tureen termed these incidents genocide during her argument on legal points.
Explaining that the intellectuals fell in the category of national group and the Hindus in religious group, she told the tribunal such killings had been committed with an aim to destroy fully or partially the members of the groups and therefore it would be counted as genocide.
On the charges of incitement, the prosecutor said incitement had been recognised as a crime by the international law. A person could incite people by persuading, imposing threats, instigating or giving hints or suggestions, she added.
She argued that incitement was a personal offence, while its consequence was not required to prove anyone guilty. Tureen also pointed out that Nizami's speeches during the war could be considered as elements of incitement.
Mentioning a charge where Nizami at a meeting of Islami Chhatra Sangha termed Pakistan as the 'House of Allah' and that Allah had taken custody of Pakistan through the Pakistan army, the prosecutor said Nizami, who had strong influence over the Jamaat's student wing, tried to provoke the gathering by transforming the war into a holy war.
The meeting was held on August 03, 1971 and was organised by the Chittagong city unit of Chhatra Sangha at the Muslim Institute of Chittagong.
She also gave instances of the activities of the Pakistani army where the army personnel raped women and killed people.
“What we see? Nizami was trying to legalise the activities of the Pakistani army who, according to him, had been sent by Allah. 'The Pakistani army was doing a good job. So, you people go ahead.' That was the message Nizami tried to disseminate [at the meeting],” said Tureen, adding, the war crimes accused was popular among the Sangha members.
She pointed out another meeting organised in remembrance of Al Madani held at the Islamic Academy Hall where Nizami said those who loved Islam had love for Pakistan. Nizami also asked his followers to take revenge for the Al Madani's blood and that would be possible by uprooting the enemies of Islam. According to Nizami, freedom fighters were the enemies of Islam, she added.
Tureen termed the speech a technique of mood creation. “It was like waiving red flag before a mad bull. He misled the reasonable audience [present at the meeting] by inciting them to dive into attacks on innocent civilian, aged people, children and women,” she said.
She urged the tribunal to consider the speech of Nizami in the context of 1971 when the country was fighting for liberation from Pakistani occupation.
On Nizami's superior status, Tureen quoted a letter sent by local Chhatra Sangha leader Sirajul Islam Matlib on August 1, 1971 to Sangha member Misbahur Rahman asking him to join Al-Badr in accordance with Nizami's order.
The letter itself proved that Nizami had held superior status and asked his subordinates to join Al-Badr, notorious auxiliary force of the Pakistani army, the prosecutor added.
As the prosecution completed their arguments, the tribunal asked the defence to start their part from today.
Nizami, facing 16 charges for genocide and crimes against humanity, was produced before the tribunal yesterday.