The International Crimes Tribunal-1 would decide about indictment of Jamaat-e-Islami Assistant Secretary General ATM Azharul Islam on war crimes charges on October 28 as charge-framing arguments ended yesterday.
The three-member tribunal headed by Justice ATM Fazle Kabir fixed the date after the defence completed their arguments.
The prosecution pressed six charges for abduction, confinement, torture, rape, looting, arson, inflicting severe injury, murder and genocide allegedly committed by Azharul during the Liberation War.
Prosecutor AKM Saiful Islam placed arguments for framing charges on September 3, while the defence placed their arguments in two phases on September 24 and yesterday.
Senior defence counsel Abdur Razzaq yesterday told the tribunal that torture and abduction were not mentioned as crimes against humanity in the “Customary International Law” in 1971.
“Therefore, the charges of abduction and torture could not be brought against him [Azharul],” Razzaq argued.
In reply to journalists’ query, the senior counsel said the tribunal, if satisfied, could indict their client on other charges.
“But the other charges do not have any basis,” he claimed.
On the other side, Saiful claimed they had produced enough evidence to count torture and abduction as crimes against humanity.
“Through their arguments the defence have subliminally accepted that ATM Azharul Islam was involved in torture and abduction. They just said he could not be indicted as it was not recognised as crimes against humanity on Customary International Law,” he said, adding, the defence also did not say anything on other charges including genocide and murder.
Saiful said, “We’ve become able to prove prima facie [A case in which the evidence presented is sufficient for a judgment to be made unless the evidence is contested] the case against him [Azharul].”
Azhar, the alleged Al-Badr commander of Rangpur, was “involved” in at least six incidents of war crimes, which left more than 1,200 people dead between April 3 and December 16, 1971.
According to the probe report, National Awami Party (NAP-Bhashani) leader and one of the organisers of the Liberation War AY Mahfuz Ali alias Jarrej Mia and 11 others were abducted between March 24 and March 27 and were tortured for several days.
All the detainees were shot dead at Dakhiganj Cremation Ground in Rangpur on April 3, 1971.
The war crimes suspect was allegedly involved in killing 15 unarmed Bangalees of Dhap Para in Badarganj and looting houses of the village on April 16, 1971.
During investigation, which began on April 15, 2012, the investigation officer took statements of more than 60 people. Twenty-seven people were cited as the prosecution witnesses.
CHANNEL 24 CONTEMPT HEARING
The tribunal yesterday adjourned hearing of a contempt petition brought against the officials of Channel 24 and Zafrullah Chowdhury, trustee of Gonoshasthaya Kendra, Mahfuz Ullah, secretary general of Centre for Sustainable Development, and Nagorik Oikya Convener Mahmudur Rahman Manna until November 6.
On September 24, the prosecution filed a petition saying both Zafrullah and Mahfuz in a talk show — Muktobaak — aired on September 18 claimed the rights of Salauddin Quader Chowdhury, now war crimes convict, was violated as the tribunal did not allow him to produce defence witnesses.
Manna was moderator of the talk show.
Zainul Abedin, senior lawyer for Mahfuz, prayed to the tribunal for a three-week adjournment as his client was abroad.
Another counsel for Channel 24, Asaduzzaman also sought time saying the petition was served against designation, not by name. He also said there was no person designated as the head of the programme.
When the tribunal sought reply from the prosecution, prosecutor Zead Al Malum said there was no need to mention names as per the International Crimes (Tribunals) Act, 1973.
“We’re not satisfied with your reply,” said Justice Kabir, adding, no punishment could be given if the name of a person was not mentioned.
“Amend your application,” the tribunal chairman directed.
Zafrullah told the tribunal that he did not appoint any lawyer and wanted to move the petition on his own. He also submitted a written reply to the tribunal.
The tribunal asked him to give a written application that he wanted to move the petition on his own.
Submitting the application, Zafrullah sought permission to read out his reply, but the tribunal asked him to give reply with other petitioners on November 6.
The tribunal on September 26 issued a show-cause notice to the five officials of Channel 24 and the moderator and two participants of a talk show to explain why contempt of court proceeding would not be initiated against them for making comments on war crimes case against Salauddin.
The three-member tribunal headed by Justice ATM Fazle Kabir fixed the date after the defence completed their arguments.
The prosecution pressed six charges for abduction, confinement, torture, rape, looting, arson, inflicting severe injury, murder and genocide allegedly committed by Azharul during the Liberation War.
Prosecutor AKM Saiful Islam placed arguments for framing charges on September 3, while the defence placed their arguments in two phases on September 24 and yesterday.
Senior defence counsel Abdur Razzaq yesterday told the tribunal that torture and abduction were not mentioned as crimes against humanity in the “Customary International Law” in 1971.
“Therefore, the charges of abduction and torture could not be brought against him [Azharul],” Razzaq argued.
In reply to journalists’ query, the senior counsel said the tribunal, if satisfied, could indict their client on other charges.
“But the other charges do not have any basis,” he claimed.
On the other side, Saiful claimed they had produced enough evidence to count torture and abduction as crimes against humanity.
“Through their arguments the defence have subliminally accepted that ATM Azharul Islam was involved in torture and abduction. They just said he could not be indicted as it was not recognised as crimes against humanity on Customary International Law,” he said, adding, the defence also did not say anything on other charges including genocide and murder.
Saiful said, “We’ve become able to prove prima facie [A case in which the evidence presented is sufficient for a judgment to be made unless the evidence is contested] the case against him [Azharul].”
Azhar, the alleged Al-Badr commander of Rangpur, was “involved” in at least six incidents of war crimes, which left more than 1,200 people dead between April 3 and December 16, 1971.
According to the probe report, National Awami Party (NAP-Bhashani) leader and one of the organisers of the Liberation War AY Mahfuz Ali alias Jarrej Mia and 11 others were abducted between March 24 and March 27 and were tortured for several days.
All the detainees were shot dead at Dakhiganj Cremation Ground in Rangpur on April 3, 1971.
The war crimes suspect was allegedly involved in killing 15 unarmed Bangalees of Dhap Para in Badarganj and looting houses of the village on April 16, 1971.
During investigation, which began on April 15, 2012, the investigation officer took statements of more than 60 people. Twenty-seven people were cited as the prosecution witnesses.
CHANNEL 24 CONTEMPT HEARING
The tribunal yesterday adjourned hearing of a contempt petition brought against the officials of Channel 24 and Zafrullah Chowdhury, trustee of Gonoshasthaya Kendra, Mahfuz Ullah, secretary general of Centre for Sustainable Development, and Nagorik Oikya Convener Mahmudur Rahman Manna until November 6.
On September 24, the prosecution filed a petition saying both Zafrullah and Mahfuz in a talk show — Muktobaak — aired on September 18 claimed the rights of Salauddin Quader Chowdhury, now war crimes convict, was violated as the tribunal did not allow him to produce defence witnesses.
Manna was moderator of the talk show.
Zainul Abedin, senior lawyer for Mahfuz, prayed to the tribunal for a three-week adjournment as his client was abroad.
Another counsel for Channel 24, Asaduzzaman also sought time saying the petition was served against designation, not by name. He also said there was no person designated as the head of the programme.
When the tribunal sought reply from the prosecution, prosecutor Zead Al Malum said there was no need to mention names as per the International Crimes (Tribunals) Act, 1973.
“We’re not satisfied with your reply,” said Justice Kabir, adding, no punishment could be given if the name of a person was not mentioned.
“Amend your application,” the tribunal chairman directed.
Zafrullah told the tribunal that he did not appoint any lawyer and wanted to move the petition on his own. He also submitted a written reply to the tribunal.
The tribunal asked him to give a written application that he wanted to move the petition on his own.
Submitting the application, Zafrullah sought permission to read out his reply, but the tribunal asked him to give reply with other petitioners on November 6.
The tribunal on September 26 issued a show-cause notice to the five officials of Channel 24 and the moderator and two participants of a talk show to explain why contempt of court proceeding would not be initiated against them for making comments on war crimes case against Salauddin.
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