Verdict any day
The International Crimes Tribunal-2 may deliver verdict in the war crimes case against Jamaat-e-Islami leader Muhammad Kamaruzzaman any day as the trial proceedings concluded yesterday.
Wrapping up their arguments, the prosecution sought capital punishment for Kamaruzzaman for his alleged involvement in mass killings, murders and other crimes. The defence, on the other side, claimed the prosecution had “failed” to prove the charges brought against their client.
Kamaruzzaman, the alleged chief organiser of infamous Al-Badr force in Mymensingh, was indicted on seven charges of crimes against humanity that left at least 183 unarmed people dead and many women raped during the Liberation War in 1971.
Two tribunals, dealing with the war crimes cases, have already delivered verdicts in three cases. Kamaruzzaman's case is going to be the fourth one to have seen the verdict delivered.
The Tribunal-2 awarded expelled Jamaat member Abul Kalam Azad death sentence and life sentence to Jamaat leader Abdul Quader Mollah, while the Tribunal-1 awarded Jamaat leader Delawar Hossain Sayedee death sentence.
Five other Jamaat and BNP leaders are facing trial in the two tribunals for their alleged crimes against humanity.
The three-member Tribunal-2 led by Justice Obaidul Hassan with members Justice Md Mozibur Rahman Miah and Judge M Shahinur Islam kept Kamaruzzaman's case waiting for verdict as both the prosecution and the defence concluded their arguments yesterday.
The tribunal has taken 25 days for delivering verdict in Azad's case after the proceedings were completed and 18 days in Quader Mollah's case.
“The proceeding of the case is completed and it's time for delivering verdict. We are keeping the case as CAV [Curia Advisari Vult, a Latin legal term meaning verdict would be delivered any time],” said Justice Hassan.
Earlier, the tribunal rejected Kamaruzzaman's petition to allow him to say something before conclusion of the proceeding.
“As per the law, the accused has no right to say at this stage,” the tribunal observed.
Completing her replies in response to the defence arguments, prosecutor Tureen Afroz said, “We have come here [before the tribunal] for justice. We want justice. We want his [Kamaruzzaman's] capital punishment.”
Prosecutor Syed Haider Ali added, “We have been able to prove the charges beyond any shadow of doubt. Kamaruzzaman's participation and contribution to crimes was at the highest level and we want his highest punishment.”
But, completing his arguments on Monday, chief defence counsel Abdur Razzaq said the prosecution had mainly relied on oral evidence and their witnesses had not only “contradicted” with each other but also with the prosecution's documentary evidence.
“The prosecution have utterly failed to prove any of the charges beyond reasonable doubts,” said Razzaq, adding, “It is impossible to convict Kamaruzzaman of any of the charges.”
Kamaruzzaman, Jamaat's assistant secretary general, was arrested in a criminal case on July 13, 2010 and shown arrested on war crimes charges on August 2 in the same year.
The prosecution pressed formal charges against him incorporating nine counts of crimes against humanity on January 15, 2012 and the Tribunal-1 took the charges into cognisance on January 31. The case was transferred to the Tribunal-2 on April 16, 2012.
On June 4, 2012, the tribunal indicted Kamaruzzaman on seven charges of crimes against humanity including murder and torture of unarmed civilians and complicity in other crimes during the nine-month-long war.
The indictment order in a brief profile of the accused said Kamaruzzaman had been assigned as the president of Islami Chhatra Sangha, the then student wing of Jamaat, in Mymensingh in 1970.
“Accused Kamaruzzaman, in 1971, as the president of Islami Chhatra Sangha, in greater Mymensingh had played the role of a key organiser in formation of Al-Badr force with the selected students of Ashek Mahmud College belonging to Islami Chhatra Sangha,” the order added.
Al-Badr is historically known for its role behind orchestrating the killings of the intellectuals in the last part of the Liberation War.
Under the leadership of Kamaruzzaman, all the students of Chhatra Sangha of greater Mymensingh were absorbed into Al-Badr force within a month. They, after receiving summery training, started atrocities targeting the Hindu community and unarmed Bangalee civilians in greater Mymensingh, the order said.
As many as 18 prosecution witnesses including the investigation officer of the case testified against the accused, while five people gave testimony in favour of Kamaruzzaman between July 15, 2012 and March 24, 2013.
The prosecution and the defence held closing arguments from March 24 until yesterday.
CHARGES
On June 29, 1971, under the leadership of Kamaruzzaman, a group of Al-Badr members abducted Badiuzzaman of Ramnagar village under Jhenaigati upazila in Sherpur. He was tortured at Ahammed Nagar army camp all night long and was shot to death the following day.
In mid-May, 1971, Kamaruzzaman and his accomplices caused inhumane acts to pro-liberation intellectual Syed Abdul Hannan, the then principal of Sherpur College, by compelling him to walk naked through the town under constant whipping.
On July 25, 1971, Kamaruzzaman advised members of Al-Badr and Razakar forces to commit a large-scale massacre in association with Pakistani troops in Sohagpur village of Nalitabari upazila in Sherpur. The collaborators murdered 164 unarmed civilians, 44 of whom have been named, and raped women.
On August 23, 1971, on Kamaruzzaman's instruction, collaborators took Golam Mostafa of Gridda Narayanpur village in Sherpur to an Al-Badr camp. Kamaruzzaman and his accomplices brought Mostafa and one Abul Kasem to Serih Bridge and gunned them down.
Kasem survived as he jumped into the river but suffered injuries in his fingers. Mostafa died on the spot.
In mid-Ramadan in 1971, Kamaruzzaman and his followers picked up Liakat Ali and Mujibur Rahman Panu from their respective houses, took them to a Razakar camp and tortured them there.
After four days of detention, on Kamaruzzaman's order, the two along with 11 other civilians were shifted to Jhenaigati Ahammed Nagar army camp. Afterwards, eight of them were shot to death. The accused and his aide Kamran were present during the shooting.
In November 1971, under the instruction of Kamaruzzaman, some members of Al-Badr abducted Tunu and one Jahangir from Golki Bari and took them to the District Council Dak Bungalow in Mymensingh. Tunu was tortured to death. Jahangir was detained but was freed later.
On Ramadan 27, Kamaruzzaman accompanied by 15-20 armed Al-Badr members abducted one Tepa Mia and his elder son Zahurul Islam Dara from Golapjan Road in Mymensingh. They were taken to the Al-Badr camp at District Council Dak Bungalow.
The next morning, the father and son along with five others were lined up on the bank of the Brahmaputra river. Tepa Mia managed to escape by jumping into the river, but the other six were killed on the spot.
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