This time he faces war charges
There was no legal bar to prosecuting AKM Yusuf for crimes against humanity or genocide, although he had been convicted for collaborating with the Pakistani army and released on general amnesty in 1973, said the International Crimes Tribunal-2 yesterday.
Yusuf got the benefit of general amnesty as he had not been charged or convicted for murder under the Collaborators Order, 1972, said the court yesterday, adding that now he would be tried in connection with crimes against humanity and genocide.
On November 30, 1973, the then government had declared a general amnesty for the collaborators of 1971 but those punished for or accused of rape, murder, attempted murder, looting or arson did not get the amnesty.
On May 8 this year, the prosecution pressed 15 war crimes charges against Yusuf but on July 14, the defence filed a petition seeking his discharge claiming that Yusuf had been arrested in 1972, tried, convicted, and sentenced to life imprisonment under Collaborators Order, 1972.
He was released on December 15, 1973, when his appeal was pending with the High Court, the defence said.
Chief defence counsel Abdur Razzaq on July 24 questioned before the tribunal as to why Yusuf was being charged with murders now when he had not been charged with such grievous crimes in the early 70's.
Razzaq argued that Yusuf could have been prosecuted for the charge of “murder” together with other charges under the Collaborators Order, 1972, if he really had been involved in any murder.
Razzaq claimed that charges were brought against Yusuf after 42 years with ill intentions.
The three-member tribunal, led by Justice Obaidul Hassan, yesterday indicted Yusuf on 13 charges for his alleged involvement in murders, genocide, arsons, lootings and forced conversation of religion during the Liberation War.
The tribunal in its order said Yusuf had been convicted on three charges -- waging a war or attempting to wage a war or abetting to waging a war against Bangladesh; attempting to incite against or disaffection towards the government of Bangladesh; and attempting to aid or aid the occupation army.
Justice Hassan said the mere fact that he had not been prosecuted in 1972 for murder did not mean he could not be prosecuted under the International Crimes (Tribunals) Act, 1973.
The court said defence submission deserved consideration but not at this stage.
“It may be well adjudicated at trial whether prosecuting the accused for the charge of 'murder' as crimes against humanity and genocide is mala fide, by taking the evidence and relevant facts into account at trial,” said Justice Hassan.
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