The International Crimes Tribunal-1 yesterday expressed dissatisfaction at the prosecution and the investigation agency for apparently not showing any visible initiative in bringing back the fugitives tried by the court.
The chairman of the three-member tribunal, Justice M Enayetur Rahim, said this while issuing a warrant of arrest against Abdul Jabbar, another war crimes suspect believed to be on the run.
The court issued the warrant after taking five war crimes charges into cognisance pressed against the former Jatiya Party lawmaker, who was the alleged chairman of Mathbaria Peace Committee, an anti-liberation force, during the Liberation War in 1971.
At least in four cases, the two tribunals issued arrest warrants against war crimes suspects before commencing trial, but the law enforcers could not arrest any of them, thus making the courts try them in absentia.
The government in February this year formed an eight-member committee that included representatives from both the prosecution and the investigation agency to oversee procedures in bringing back fugitive war crimes convicts and accused from abroad.
But no visible progress has so far been seen to that end.
Prosecutor Jahid Imam told the tribunal that Jabbar possessed only one passport. “Using that passport he [Jabbar] went abroad in 2009 and returned to Bangladesh the same year. Since then there has been no trace of him,” the prosecutor added.
Justice Rahim said once the arrest warrant was issued, Jabbar would go into hiding permanently and take advantage of the warrant in seeking asylum abroad.
The tribunal in April issued an arrest warrant for another war crimes suspect, Syed Mohammad Hasan, who is also still at large. The investigation agency has been conducting a probe into his alleged crimes against humanity.
Against this backdrop, the agency last month sought authorisation from the law ministry to arrest an accused without a warrant as the war crimes suspects go into hiding during probe.
CASE AGAINST JABBAR
Jabbar, now 82, as the chairman of Mathbaria Peace Committee “played a key role” in the formation of the Razakar force there and “led it” to commit crimes during the war.
The prosecution has brought five charges against him for killing, mass killing, looting and forced conversions in Pirojpur in 1971.
A probe report notes that he was involved in killing 36 people, looting and destroying 557 houses and forcing 200 Hindus to convert to Islam.
He was elected lawmaker from Mathbaria in 1986 and 1988 on a Jatiya Party ticket but retired from politics later.
The tribunal fixed June 2 for necessary orders to be issued.
HUMAN RIGHTS WATCH
The tribunal yesterday adjourned until May 25 a hearing on the reply of the defence to a contempt petition filed against Human Rights Watch as its counsel Anisul Hassan sought time.
The prosecution filed the contempt petition after HRW had posted an article on its website on August 16 last year claiming that the trial of former Jamaat ameer Ghulam Azam was "deeply flawed" and "had not met international standards".
It also said the "judges had improperly conducted an investigation on behalf of the prosecution" and expressed worries over "collusion and bias among prosecutors and judges".
Ghulam Azam, considered by many as the symbol of war crimes during Bangladesh's Liberation War, was jailed for 90 years on July 5 last year.
ICT-2
The International Crimes Tribunal-2 yesterday completed recording cross-examination of Abu Asad, third prosecution witness in the case against Jamaat-e-Islami leader Abdus Subhan.
Asad, a member of Mujaheed Bahini, an anti-liberation force that collaborated with the Pakistani army, on May 6 testified that the Pakistan army and Subhan forced him to work with them for seven and a half months and Subhan led the invaders in carrying out atrocities in Pabna.
Subhan's counsel Mizanul Islam yesterday tried to discredit the testimony of the witness and completed his grilling by suggesting that the witness had given “false” testimony implicating his client for personal benefits.
The three-member tribunal led by Justice Obaidul Hassan, with members Justice Md Mozibur Rahman Miah and Justice Md Shahinur Islam, adjourned the proceedings until tomorrow.
The Jamaat nayeb-e-ameer faces nine charges, including genocide and murders committed in Pabna.
Subhan, however, pleaded not guilty before the court.