War Crimes Trial

Decision on cognisance of charges against Qaisar Nov 14

Nizami's closing arguments sought in writing, order on show cause notice on SQ Chowdhury's lawyer deferred till Nov 26
Staff Correspondent
The International Crimes Tribunal (ICT)-2 yesterday fixed November 14 to decide whether to take into cognisance 18 charges of crimes against humanity committed by Syed Mohammad Qaisar during the 1971 Liberation War. The prosecution submitted the formal charges at the tribunal's registrar office on Sunday. The charges say Qaisar was involved in murdering 155 people in at least 11 incidents, two rapes and five incidents of abduction, loot, arson and other crimes in Brahmanbaria and Habiganj between April 27 and November 15, 1971. Prosecutor Rana Dasgupta yesterday told the court that right after the Liberation War began, Qaisar formed a “Qaisar Force” with 700 to 800 Razakars. He also became a member of Habiganj Peace Committee and chairman of Madhabpur Peace Committee under Habiganj in Sylhet, he added. His involvement in the crimes has been primarily proved from statements of witnesses and other documents, he claimed. Qaisar, 73, a former state minister in military dictator HM Ershad's cabinet, was arrested under the tribunal's directive in the capital on May 21. He got bail on August 5 on health grounds. NIZAMI'S CASE Meanwhile, ICT-1 suggested lawyers representing another war crimes accused, Motiur Rahman Nizami, submit their closing arguments in writing as they will not be allowed more time. The three-member tribunal led by Justice ATM Fazle Kabir granted the defence four days for the arguments from Thursday. It adjourned hearing on Sunday after a junior defence counsel submitted a petition seeking a one-week adjournment, stating that the senior counsels could not come for “personal difficulties” against the backdrop of the opposition's hartal. Yesterday, the same counsel sought a three-day adjournment stating the same. The tribunal said it has become uncertain whether the senior counsels can come amidst the ongoing hartals but the court will neither “sit idle”, nor allow more than four days. FAKHRUL'S CONTEMPT HEARING ICT-1 deferred till November 26 issuing an order on a January 14 show cause notice on Fakhrul Islam who had represented condemned war crimes convict Salauddin Quader Chowdhury. The notice, issued following a petition Fakhrul submitted on December 30, 2012, asked why contempt of court proceedings shall not be initiated against him for maligning the tribunal's reputation. In the petition, Fakhrul asked whether ICT-1 knew about the alleged Skype conversation between former ICT-1 chairman Justice Nizamul Huq and an expatriate legal expert, Ahmed Ziauddin. The deferment came after a junior lawyer filed a petition seeking a two-month adjournment on passing the order as Fakrul could not come due to “personal difficulty”. Fakhrul is wanted by the Detective Branch of police for allegedly leaking the verdict's draft.