Ghulam Azam was Pak army's 'lighthouse'

Ghulam Azam acted as the 'lighthouse' for Pakistani invaders and their auxiliary forces to lead them to the paths of atrocities during the Liberation War, newly appointed prosecutor Barrister Tureen Afroz told the International Crimes Tribunal-1 yesterday.
Former Jamaat-e-Islami ameer Ghulam Azam played the leading role in committing the crimes, said Tureen in her one-hour-and-ten-minute argument.
Though the tribunal had earlier fixed March 18 for both Tureen and defence counsel Imran Siddique to place their arguments on Azam's “superior responsibility”, Imran did not appear before the court yesterday. He rather sought adjournment for two days including today.
The tribunal approved the adjournment prayer until March 20 at a cost of Tk 5,000 which the defence would have to pay tomorrow. Last week, the tribunal imposed a cost of Tk 1,000 for the same purpose.
The tribunal said if the defence failed to pay Tk 6,000 tomorrow, their arguments would be closed.
In her argument, Tureen first defined superior responsibility and how it could be imposed on a civilian.
She mentioned a number of cases of the past from other countries where the convicted people, both military and civilians, were punished for their superior responsibility.
The tribunal asked the prosecutor whether a civilian could be held liable for his or her superior status under the International Crimes (Tribunals) Act, 1973.
The prosecutor replied in affirmative pointing out section 4 (2) of the Act.
According to section 4 (2), any commander or superior officer who orders, permits, acquiesces or takes part in the commission of any of the crimes specified in section 3 (genocide, crimes against humanity) or is connected with any plans and activities involving the commission of such crimes or who fails or omits to discharge his/her duty to maintain discipline, or to control or supervise the actions of the persons under his/her command or his/her subordinates, whereby such persons or subordinates or any of them commits any such crimes, or who fails to take necessary measures to prevent the commission of such crimes, is guilty of such crimes.
Commander refers to military person, while superior officer means a person who is in a superior position in an organisation, Tureen explained.
Quoting evidence and testimony of both the prosecution and the defence witnesses, she said the crimes committed during the Liberation War fell under section 3 of the Act.
The prosecutor established relationship between Azam and the Pakistani army and its auxiliary forces.
After independence was announced on March 26, 1971, Jamaat formed the auxiliary forces with its activists and student wing who took up arms against pro-independence people.
Members of these auxiliary forces had lost their civilian identity by taking up arms against freedom fighters, she said. The prosecutor also termed them “paramilitary” who acted under Azam's leadership.
Tureen argued that Azam had control of both the Pakistani army and their auxiliary forces.
Azam had addressed the nation over radio during the Liberation War which the prosecution have already established in their evidence. Tureen said this incident referred to the Jamaat leader's superior status.
She explained Azam's role saying the former Jamaat ameer was the mastermind of all atrocities in 1971; he had control over operations, financial matters and also led propaganda.
The prosecutor mentioned Rwandan war crimes convict Ferdinand Nahimana's case with the International Criminal Tribunal for Rwanda.
She said Nahimana was a top-ranked official of a radio station. He was convicted for not having done anything in order to stop the inflammatory shows of the RTLM after April 6, 1994 leading to genocide in Rwanda.
Tureen said Azam's involvement in the crimes against humanity was graver than that of Nahimana.
Azam's letter of order for killing went to Brahmanbaria, she added.
“Who was the face of the war?” Tureen said and replied “Azam” herself.
The prosecutor raised a question whether Azam had failed to prevent his subordinates from committing crimes.
“How could he fail? Ghulam Azam went to training camps [of auxiliary forces and Pakistani army] and distributed certificates,” she said.
“In 1971, Ghulam Azam functioned as the lighthouse of the atrocities,” she said. Like a lighthouse Azam directed his men, who eventually did not see the light of day as the freedom fighters had won, Tureen said, drawing conclusion to her argument.
Azam has been facing five charges of planning, incitement, conspiracy, complicity and direct killing of 38 people in Brahmanbaria in 1971.
Meanwhile, war crimes accused Salauddin Quader Chowdhury yesterday completed cross-examining the 21st prosecution witness, who gave testimony last week.
Proceeding of the case was adjourned until today when the prosecution would produce their 22nd witness.