War Crimes Trial
Decision on indicting Kamaruzzaman June 4
The International Crimes Tribunal-2 yesterday fixed June 4 to decide whether it would indict Jamaat-e-Islami leader Muhammad Kamaruzzaman on charges of committing crimes against humanity during the 1971 Liberation War.
The three-member tribunal headed by Justice ATM Fazle Kabir set the date after both prosecution and defence concluded their arguments over the charges.
During his 75-minute argument, prosecutor AKM Saiful Islam said Kamaruzzaman was the “principal organiser” and shouldered the “commander's responsibility” of Al Badr (an auxilliary force of the Pakistani army) in Mymensingh during the Liberation War.
Quoting from the statements of a prosecution witness, he said the accused was a commander of Al Badr and visited different Al Badr camps during the Liberation War.
Placing a news report of Daily Azad titled, “Fifteen other betrayers held”, published on December 31, 1971, he said Kamaruzzaman was the 14th person on the list in the report.
“Those arrested at the time were not regular people,” said Saiful.
Earlier, the defence counsels claimed that the prosecution had failed to provide documents showing that Kamaruzzaman shouldered the “commander's responsibility”.
They claimed that 195 Pakistani army personnel were the “principal accused” of war crimes and since they were released under a tripartite agreement reached by Bangladesh, India and Pakistan, their abettors or aides could not be tried.
In response, the prosecutor said the tripartite agreement was an executive decision, not an act. Any executive decision cannot deviate from any established law, he said.
The tripartite agreement was signed by Bangladesh, India and Pakistan in 1974 while the International Crimes (Tribunals) Act 1973 was enacted just a year earlier.
Kamaruzzaman, assistant secretary general of Jamaat-e-Islami, facing nine charges of committing crimes against humanity, was not produced before the court yesterday as per the court's earlier decision.
Case against Abdul Alim
Earlier on the day, Tajul Islam, a defence counsel of former BNP lawmaker Abdul Alim, completed his arguments in support of the petition seeking his client's discharge from the charges brought by the prosecution.
The tribunal adjourned case proceedings till 2:00pm today, following a time petition by the prosecution.
Tajul said the trial was being held 40 years after the crimes had been committed only to suppress the opposition in a political atmosphere which has changed.
Justice Obaidul Hassan, a member of the tribunal, questioned why Alim would be tried over political issues since he was a leader of the Convention Muslim League during the Liberation War, 40 years ago.
Tajul replied that Alim was also involved with the BNP, now the opposition party.
“Why were allegations not brought against other BNP leaders but your client?” asked Justice Obaidul.
Afterwards, Tajul said there are similar allegations against some ruling party leaders but they were not facing charges due to their political affiliation.
When the judge asked the defence whether they had filed any application bringing charges against the mentioned ruling party leaders, Tajul replied in the negative.
On why they did not do so, Tajul said it was the government's responsibility.
Tajul also said the prosecution had failed to bring the required legal and factual elements to frame charges against Alim.
Alim, facing 74 charges of crimes against humanity allegedly committed during the Liberation War, was present in court yesterday.
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